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Test your basic knowledge |
Paralegal 101
Start Test
Study First
Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can
study here
.
Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.
This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. Law that regulates how the legal system operates.
Reversible error
Procedural law
Plaintiff
General jurisdiction
2. A special type of joint tenancy applicable only to married couples.
Directed verdict
Client trust account
Tenancy by the entirety
American Bar Association (ABA) www.abanet.org
3. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Constructive eviction
Subsequent case history
Notice pleading
Testimonial evidence
4. When more than one court has jurisdiction to hear a case.
Statutes at large or session laws
Indictment
Regulation
Concurrent jurisdiction
5. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Affirmative defense
Broad holding
Writ of habeas corpus
Original jurisdiction
6. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Subsequent case history
Canons of construction
Service
Open Questions
7. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Overrule
Legal clinic
Popular name table
8. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Legislative history
Westlaw
Personal jurisdiction
Bench trial
9. To perform.
Execute
Recklessness
Writ of habeas corpus
Appellant or petitioner
10. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Subject matter jurisdiction
Rules of evidence
Issue of first impression
Plea bargaining
11. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Contributory negligence
Intellectual Property
Legal fiction
Compulsory joinder
12. The rule that in order to claim self-defense there must have been no possibility of retreat.
Stop and frisk
Retreat exception
Motion for a new trial
Legislative intent
13. A national association of paralegal managers.
Case reporters
Shepardizing
U.S. Supreme Court
International Paralegal Management Association (IPMA) www.paralegal management.org
14. The highest federal appellate court - consisting of nine appointed members.
Paralegal
Legal malpractice
Judicial activism
U.S. Supreme Court
15. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Unauthorized practice of law
Alternative dispute resolution (ADR)
Reverse
Pleading in the alternative
16. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Equity
Procedural facts
Directed verdict
Affirmative defense
17. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Defendant
Nominal damages
Tenancy in common
Contingency Fee
18. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Bailment
Reverse
Dictum
Appellee or respondent
19. The publication of false statements that harm a person's reputation.
Subsequent case history
Nolo contendere
Defamation
Judicial review
20. A worldwide network of computer networks.
Pretrial motion
Internet
Syllabus
Rules of evidence
21. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Contract
Dictum
Challenge for cause
Reasonable suspicion
22. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Motion to require a finding of not guilty
Writ of certiorari
Subsequent case history
Notice pleading
23. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Documentary evidence
Legal services offices
Plain meaning
Execute
24. A provision that purports to waive liability.
Judicial notice
Proximate cause
Limited jurisdiction
Exculpatory clause
25. The purpose of the legislature at the time it enacted the statute.
Exclusive jurisdiction
Legislative intent
Arraignment
Self-defense
26. Bad act.
Prima facie case
Exhaustion of administrative remedies
Warrant
Actus rea
27. The power of a court to force a person to appear before it.
Testimonial evidence
Personal jurisdiction
Comparative negligence
Doctrine of implied powers
28. The opinion of a jury on a question of fact.
Verdict
Lexis
Invasion of Privacy
Execute
29. A public or private statement that an attorney's conduct violated the code of ethics.
Full-text searches
Reprimand or censure
Stop and frisk
Arrest
30. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Statutes of limitations
Invasion of Privacy
Narrow Holding
Entrapment
31. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Lay witness
On all fours
Headnote
International Paralegal Management Association (IPMA) www.paralegal management.org
32. Law that creates rights and duties.
Substantive law
Clear and convincing
Competency
Loislaw
33. General principles that guide the courts in their interpretation of statutes.
Rule
Federalism
Canons of construction
Freelance Paralegal
34. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Specific performance
Shepardizing
Hypertext links
Intentional tort
35. Written questions sent by one side to the opposing side - answered under oath.
Derogation of the common law
National Association of Legal Assistants (NALA) www.nala.org
Interrogatories
Subsequent case history
36. A defense whereby the defendant offers new evidence to avoid judgment.
Majority opinion
Caption
Affirmative defense
Exclusive jurisdiction
37. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Closed Questions
Guardian
Warrant
38. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Appellate brief
Paralegal
Joint tenancy
39. In a complaint - one cause of action.
Direct examination
Res ipsa loquitur
Count
Relevancy
40. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Secondary authority
Judicial restraint
Dissenting opinion
Miranda warnings
41. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Disbarment
Statute
Conflict of interest
Notice
42. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Harmless error
Exclusionary rule
Primary authority
Pocket part
43. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Questions of law
Shepardizing
Pleading in the alternative
Appellate courts
44. The person who is being asked questions at a deposition.
Dictum
Deponent
Confidentiality
Void for vagueness
45. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Cross-claim
Case reporters
National Federation of Paralegal Associations (NFPA) www.paralegals.org
46. Law dealing with ownership.
Contingency fee
Property law
Subpoena
Popular name table
47. The rules whereby all members of a law firm are treated as though they had represented the former client.
Authentication
Procedural law
Removal
Vicarious representation
48. A witness who has not been shown to have any special expertise.
Rule 56 motion (summary judgment motion)
Grand jury
U.S. district courts
Lay witness
49. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Discovery
Freelance Paralegal
Third-party claim
Slip laws
50. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Secondary authority
Reversible error
Standing
Slip laws