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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 court's power to hear only specialized cases.
Products liability
Summary jury trials
Open Questions
Limited jurisdiction
2. The power of a court to hear a case.
Jurisdiction
Fixed Fee
Narrow Holding
Authentication
3. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Issue
National Association of Legal Assistants (NALA) www.nala.org
Original jurisdiction
Contingency fee
4. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Civil law
Bail
Exclusive jurisdiction
Assumption of the risk
5. The requirement that relief be sought from an administrative agency before proceeding to court.
Exhaustion of administrative remedies
Appellee or respondent
Judicial restraint
Product misuse
6. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Active Listening
Strict liability
Remedial statute
Competency
7. Rules of conduct promulgated and enforced by the government.
Westlaw
Distinguishable cases
Documentary evidence
Laws
8. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Bill of Rights
Negligence per se
Real property
Mistrial
9. When more than one court has jurisdiction to hear a case.
Active Listening
Authentication
Defamation
Concurrent jurisdiction
10. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Statute of limitations
Hearsay
Direct evidence
Nolo contendere
11. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Necessity
Restrictive covenant
Fact
12. The law itself - such as statutes and court opinions.
Entrapment
Practice of law
Primary authority
Bill of Rights
13. Liability without a showing of fault.
Strict liability
Caption
Client trust account
American Association for Paralegal Education (AAfPE) www.aafpe.org
14. Money is awarded to a plaintiff in payment for his or her actual losses.
Broad holding
Compensatory damages
Voir dire
Assault
15. The reference to a particular page within an opinion.
Proximate cause
Jurisdiction
Complaint
Pinpoint cite
16. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Affirmative defense
12(b)(6) motion
Legal fiction
U.S. Supreme Court
17. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Contributory negligence
Paralegal
U.S. district courts
Products liability
18. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Direct examination
Prima facie case
Jurisdiction
Proving a case within a case
19. The first ten amendments to the U.S. Constitution.
Real Property
Double jeopardy
Persuasive authority
Bill of Rights
20. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Exhaustion of administrative remedies
Battery
Affirmative defense
Deductive reasoning
21. To perform.
Paralegal
Fact
Execute
12(b)(6) motion
22. A person who initiates an appeal.
Appellant or petitioner
Digest
Persuasive authority
Bill of Rights
23. A statement in a judicial opinion not necessary for the decision of the case.
Rule 56 motion (summary judgment motion)
Caption
Dictum
Derogation of the common law
24. A special type of joint tenancy applicable only to married couples.
Insanity defense
Practice of law
Tenancy by the entirety
Exculpatory clause
25. Evidence that suggests the defendant's innocence.
Remand
Exculpatory evidence
Code
Comparative negligence
26. Governmental publication of court opinions.
Official reporter
Affirmative defense
Preemption
Res ipsa loquitur
27. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Compulsory joinder
Contingency fee
Statutes at large or session laws
Materiality
28. A national association of paralegal associations.
Probable cause
Warrant
Citing case
National Federation of Paralegal Associations (NFPA) www.paralegals.org
29. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Verdict
Reverse
Exculpatory evidence
Preemption
30. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Affirmative defense
Statute of limitations
Full-text searches
Mandatory authority
31. The new legal principle established by a court opinion.
Holding
Search engine
Overbreadth
Lay advocate
32. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Property law
Pattern jury instructions
Attorney-client privilege
33. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Statutes of limitations
Practice of law
Codification of the common law
Specific performance
34. The chronological publication of statutes at the end of a legislative session.
Judgment
Specific performance
Statutes at large or session laws
Headnote
35. Land and objects permanently attached to land.
Real property
Practice of law
Plaintiff
Reverse
36. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Voir dire
Lay advocate
Exigent circumstances
Prima facie case
37. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Loislaw
Discovery
Intellectual Property
38. Rules and regulations created by administrative agencies.
Digest
Appellate brief
Administrative law
Practice of law
39. 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.
Subject matter jurisdiction
Charging the jury
Pinpoint cite
Evidence
40. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Implied warranty of habitability
Internet
National Association of Legal Assistants (NALA) www.nala.org
Attorney-client privilege
41. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Common law
Plaintiff
Judicial restraint
Nolo contendere
42. A summary of one legal point in a court opinion; written by the editors at West.
Constitutional law
Headnote
Appellate or petitioner
Miranda warnings
43. Law that regulates how the legal system operates.
Procedural law
Slip laws
Persuasive authority
Necessity
44. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Federalism
Treatment
Subject matter jurisdiction
Compulsory joinder
45. 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.
Irresistible impulse test
Subpoena duces tecum
Hearsay
Exhaustion of administrative remedies
46. In logic - a belief that justifies one in arguing a conclusion.
Remand
False imprisonment
Assumption
Syllabus
47. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Reverse
Invasion of Privacy
Disposition
Full-text database
48. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Subsequent case history
Strict construction
Concurrent jurisdiction
Hypertext links
49. A request that the court prohibit the use of certain evidence at the trial.
Proximate cause
Disposition
U.S. district courts
Motion to suppress
50. Indirect evidence - used to prove facts by implication.
Client trust account
Loislaw
Circumstantial evidence
Booking