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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. A law enacted by a state legislature or by Congress.
Reverse
Comparative negligence
Federal question jurisdiction
Statute
2. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Double jeopardy
Duress
Contributory negligence
Miranda warnings
3. The purpose of the legislature at the time it enacted the statute.
Rules of criminal procedure
Legislative intent
Fruit of the poisonous tree doctrine
Respondeat superior
4. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Laws
Quiet enjoyment
Disbarment
Limited liability partnership (LLP)
5. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Motion to suppress
Irresistible impulse test
Fixed Fee
Rules of evidence
6. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Guardian
Hourly rate
Billable hours
Pleadings
7. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Loislaw
Broad holding
Plea bargaining
Contingency fee
8. A computerized database that contains key information about the content of documents - such as medical records.
Real property
Structured database
Overbreadth
Circumstantial evidence
9. Courts that determine whether lower courts have made errors of law.
Issue of first impression
Appellate courts
Leading questions
Proving a case within a case
10. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Subsequent case history
Civil law
Legal Reasoning
Cross-claim
11. Monetary compensation - including compensatory - punitive - and nominal damages.
Ethical wall or screen or cone of silence
Enabling act
Reverse
Damages
12. The reference to a particular page within an opinion.
Full-text searches
Search engine
Distinguishable cases
Pinpoint cite
13. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Federalism
Limited liability partnership (LLP)
Criminal law
Arrest
14. A court opinion that establishes new law in an important area.
Bill of Rights
Landmark decision
Adverse possession
Alternative dispute resolution (ADR)
15. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Judicial activism
Restatement of the Law of Torts - Second
Compensatory damages
National Federation of Paralegal Associations (NFPA) www.paralegals.org
16. In a case brief - the general legal principle in existence before the case began.
Comparative negligence
Rule
Tort law
Full-text searches
17. The chronological publication of statutes at the end of a legislative session.
Proximate cause
Headnote
Majority opinion
Statutes at large or session laws
18. Written questions sent by one side to the opposing side - answered under oath.
Road Map paragraph
Legal technician
Interrogatories
Legal Research
19. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Principle
Contributory negligence
Third-party claim
Rules of evidence
20. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Removal
Judgment
Recklessness
Compulsory joinder
21. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Implied warranty of habitability
Corroborative evidence
Comparative negligence
Irresistible impulse test
22. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Voir dire
Secondary authority
Bailment
Lay a foundation
23. 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.
Service
Constitutional law
Broad holding
Constructive eviction
24. A trial court error that is not sufficient to warrant reversing the decision.
Appellant or petitioner
Plain meaning
Quiet enjoyment
Harmless error
25. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Practice of law
Unauthorized practice of law
Documentary evidence
Registration
26. The revocation of an attorney's license.
Personal jurisdiction
Trial courts
Disbarment
Standing
27. A case listed in Shepard's that cites your case.
Pocket part
Citing case
Motion
Affirm
28. A meeting of the attorneys and the judge prior to the beginning of the trial.
Lexis
Certificated
Pretrial conference
Power of judicial review
29. The status of having received a certificate documenting that the person has successfully completed an educational program.
Conflict of interest
M'Naghten test
Certificated
Criminal law
30. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Caption
Substantial capacity test
Majority opinion
Challenge for cause
31. Law that regulates how the legal system operates.
Leading question
Procedural law
Overrule
Westlaw
32. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Federalism
Exhaustion of administrative remedies
Overrule
Issue
33. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Legal clinic
Plain meaning
Count
Voir dire
34. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Legislative history
Actual cause
Notice
Common law
35. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Power of judicial review
Full-text searches
Subpoena duces tecum
Overrule
36. Governmental publication of court opinions.
Legal fiction
Materiality
Official reporter
Appellate courts
37. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Jurisdiction
Verification
Analogous cases
Headnote
38. Bad intent.
Affirm
Mens rea
Competency
U.S. Court of Appeals
39. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Directed verdict
Secondary authority
Conflict of interest
Bill of Rights
40. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Internet
Subsequent case history
Nolo contendere
Case reporters
41. Used to describe legislation that changes the common law.
Alternative dispute resolution (ADR)
Judicial restraint
Derogation of the common law
Reverse
42. When more than one court has jurisdiction to hear a case.
Proximate cause
Concurrent jurisdiction
Writ of execution
Persuasive authority
43. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Property law
Summary jury trials
Entrapment
Writ of certiorari
44. 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.
Overbreadth
Pretrial motion
Overrule
Tenancy in common
45. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Minor premise
Arbitration
Challenge for cause
Procedural law
46. A document that lists statements regarding specific items for the other party to admit or deny.
Guardian
Irresistible impulse test
Personal property
Request for admissions
47. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Issue
Proximate cause
Plaintiff
Challenge for cause
48. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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49. A witness who possesses skill and knowledge beyond that of the average person.
Subpoena
Expert witness
Contract
Partnership
50. A form in which statutes are published; they are printed individually at the time they are first enacted.
Laws
Slip laws
Popular name table
Personal jurisdiction