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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. Establishes a direct link to the event that must be proven.
Prima facie case
Tenancy by the entirety
On all fours
Direct evidence
2. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Invasion of Privacy
Stare decisis
Analogous cases
Pleading in the alternative
3. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Answer
Federal question jurisdiction
Rules of criminal procedure
Case citation
4. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Default judgment
Grand jury
Specific performance
5. The status of having received a certificate documenting that the person has successfully completed an educational program.
Miranda warnings
Certificated
Clear and convincing
Billable hours
6. The tort theory that an employer can be sued for the negligent acts of its employees.
Persuasive authority
Concurrent conflict of interest
Respondeat superior
Injunction
7. Any tangible object - like a bloody glove.
Landmark decision
Real Property
Nolo contendere
Real or physical evidence
8. An agreement supported by consideration.
Contract
Active Listening
Consideration
Persuasive authority
9. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Open Questions
Personal recognizance bond
Hearsay
Request for admissions
10. A special type of joint tenancy applicable only to married couples.
Tenancy by the entirety
Challenge for cause
Booking
Prima facie case
11. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Assumption of the risk
En banc
Judicial restraint
12. A set charge for a specific service - such as drafting a simple will.
Compensatory damages
Questions of law
Fixed Fee
Affirmative defense
13. The process of properly identifying and authenticating evidence so that it can be introduced.
Pleading in the alternative
Lay a foundation
Codification of the common law
Irresistible impulse test
14. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Grand jury
Proving a case within a case
Deductive reasoning
Appellant or petitioner
15. A calendering system that records key dates and important deadlines.
Testimonial evidence
Tickler System
Certified
Open Questions
16. Broad questions that put few limits on the freedom of the respondent.
Legal technician
Deponent
Open Questions
Criminal law
17. A court order requiring a person to appear to testify at a trial or deposition.
Certificated
Subpoena
Duress
Nominal damages
18. A token sum awarded when liability has been found but monetary damages cannot be shown.
Irresistible impulse test
Nominal damages
Nolo contendere
Battered woman's or spouse's syndrome
19. A constitutional protection against being tried twice for the same crime.
Billable hours
Double jeopardy
Arraignment
Narrow Holding
20. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Duress
Motion for a new trial
Majority opinion
Judgment
21. General principles that guide the courts in their interpretation of statutes.
Remedial statute
Canons of construction
Rules of evidence
Restatement of the Law of Torts - Second
22. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Separation of powers
Prior case history
Personal jurisdiction
Procedural facts
23. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Prima facie case
Principle
Contingency Fee
Lay advocate
24. Simultaneously representing adverse clients.
Defendant
Contingency Fee
Concurrent conflict of interest
Entrapment
25. When an appellate court sends a case back to the trial court for a new trial or other action.
Active Listening
Federal question jurisdiction
False imprisonment
Remand
26. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Clear and convincing
Writ of certiorari
Nolo contendere
27. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Corroborative evidence
On all fours
Assault
Pretrial motion
28. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Interrogatories
Comparative negligence
Citation
Mediation
29. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Direct evidence
Constructive
Affirmative defense
30. An approach whereby the courts give a statute a broad interpretation.
Liberal construction
Successive conflict of interest
Exculpatory clause
Code of Federal Regulations (C.F.R.)
31. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Laws
Affirmative defense
Preemption
per curium
32. A grand jury's written accusation that a given individual has committed a crime.
Motion to require a finding of not guilty
Indictment
International Paralegal Management Association (IPMA) www.paralegal management.org
Issue
33. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Headnote
Actual cause
Attorney-client privilege
Negligence
34. A witness who possesses skill and knowledge beyond that of the average person.
Contract
Power of judicial review
Expert witness
Contingency fee
35. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Harmless error
Active Listening
Legal Reasoning
Questions of law
36. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Reverse
Motion to require a finding of not guilty
Search engine
Punitive damages
37. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Treatment
Default judgment
Agent
Judicial notice
38. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Answer
Service
Judgment proof
Evidence
39. 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.
Headnote
Statutes of limitations
Motion to suppress
Plea bargaining
40. The process of finding the law.
Agent
Legal Research
Code of Federal Regulations (C.F.R.)
Specific performance
41. Court decisions from a higher court in the same jurisdiction.
Mandatory authority
Potential conflict
Alternative dispute resolution (ADR)
Class action suit
42. Specific questions that usually demand very short or yes-no answers.
Defamation
Exhaustion of administrative remedies
Pattern jury instructions
Closed Questions
43. An actual incident or condition; not a legal consequence.
Pretrial motion
Fact
Administrative law
Power of judicial review
44. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Legal writing
Registration
Defendant
Issue
45. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Motion
Real Property
National Association of Legal Assistants (NALA) www.nala.org
46. When only one court has the power to hear a case.
American Bar Association (ABA) www.abanet.org
Exclusive jurisdiction
Verdict
Interrogatories
47. The rule requiring that the original document be produced at trial.
Derogation of the common law
Fixed Fee
Subpoena
Best evidence rule
48. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
Best evidence rule
Professional judgment
Verdict
49. 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.
Compensatory damages
Hourly rate
Questions of law
Injunction
50. The reference to a particular page within an opinion.
Reverse
Pinpoint cite
Common law
Class action suit