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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. The process of finding the law.
Plea bargaining
Legal writing
Legal Research
Lexis
2. Information about the law - such as that contained in encyclopedias and law review articles.
Subsequent case history
Property
Secondary authority
Legal Reasoning
3. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Remedial statute
Motion for a new trial
Exclusionary rule
Client trust account
4. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Substantial capacity test
Contract
Harmless error
Implied warranty of habitability
5. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Eminent Domain
Reverse
Citation
Separation of powers
6. The highest federal appellate court - consisting of nine appointed members.
Deposition
Potential conflict
Professional Corporation (PC)
U.S. Supreme Court
7. A calendering system that records key dates and important deadlines.
Property law
Trial courts
Tickler System
Comparative negligence
8. 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.
Judicial review
Overrule
Assumption of the risk
Entrapment
9. The papers that begin a lawsuit-generally - the complaint and the answer.
Concurrent jurisdiction
Pleadings
Judgment notwithstanding the verdict (judgment N.O.V.)
Damages
10. A person who permits or directs another person to act on the principal's behalf.
Principle
Grand jury
Count
Model Rules of Professional Conduct
11. A form in which statutes are published; they are printed individually at the time they are first enacted.
Questions of fact
Cumulative evidence
Slip laws
Strict liability
12. The publication of false statements that harm a person's reputation.
Defamation
Rules of criminal procedure
Statute of limitations
Tort law
13. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Deponent
Plain meaning
U.S. Court of Appeals
Federal question jurisdiction
14. 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.
Appellant or petitioner
Inculpatory evidence
Shepardizing
Major premise
15. When an appellate court that normally sits in panels sits as a whole.
Conflict of interest
Consideration
En banc
Remand
16. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Overrule
Pretrial conference
Substantive law
17. The transfer of a case from one state court to a federal court.
Writ of habeas corpus
Canons of construction
Removal
Exhaustion of administrative remedies
18. 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.
Circumstantial evidence
Nominal damages
Exclusionary rule
Landmark decision
19. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Stare decisis
Judgment notwithstanding the verdict (judgment N.O.V.)
Exigent circumstances
Subpoena
20. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Necessity
Prima facie case
Statutory element
Cause of action
21. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Products liability
Trial courts
Best evidence rule
Evidence
22. A provision that purports to waive liability.
Slip laws
Comparative negligence
Mandatory authority
Exculpatory clause
23. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Arbitration
Tenancy in common
Case reporters
Freelance Paralegal
24. A defense requiring proof that the defendant was not mentally responsible.
Personal recognizance bond
Insanity defense
Original jurisdiction
Disposition
25. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Certified
Doctrine of implied powers
Procedural facts
Judicial notice
26. The intermediate appellate courts in the federal system.
Lay witness
Headnote
U.S. Court of Appeals
Personal property
27. In logic - a belief that justifies one in arguing a conclusion.
Hearsay
Legal malpractice
Eminent Domain
Assumption
28. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
Pleadings
Open Questions
Conflict of interest
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.
Preemption
Exhaustion of administrative remedies
Retreat exception
Rules of evidence
30. Generally - an emergency situation that allows a search to proceed without a warrant.
Rules of criminal procedure
Appellate or petitioner
Exigent circumstances
Relevancy
31. A set charge for a specific service - such as drafting a simple will.
Caption
Fixed Fee
Fruit of the poisonous tree doctrine
Trial courts
32. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Deponent
Easement
Treatment
Pocket part
33. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Plea bargaining
Booking
Double jeopardy
Holding
34. The chronological publication of statutes at the end of a legislative session.
Plain view doctrine
Model Rules of Professional Conduct
Minor premise
Statutes at large or session laws
35. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Class action suit
Holding
Arrest
36. A right to use property owned by another for a limited purpose.
Easement
Reasonable suspicion
Rule 56 motion (summary judgment motion)
Void for vagueness
37. A grand jury's written accusation that a given individual has committed a crime.
Comparative negligence
Cross-examination
Indictment
U.S. Supreme Court
38. A witness who possesses skill and knowledge beyond that of the average person.
Statute in derogation of the common law
Charging the jury
Expert witness
Federalism
39. A court's power to hear only specialized cases.
Intellectual Property
Prior case history
Motion to require a finding of not guilty
Limited jurisdiction
40. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Enabling act
Persuasive authority
Double jeopardy
Motion to require a finding of not guilty
41. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Minor premise
Proving a case within a case
Arbitration
Limited jurisdiction
42. A claim by the defendant against the plaintiff.
Subpoena
Loislaw
Warrant
Counterclaim
43. Bad intent.
Mens rea
Doctrine of implied powers
Case citation
Battery
44. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Harmless error
Open Questions
Retainer agreement
Holding
45. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Notice pleading
Arbitration
Remand
Punitive damages
46. The opinion of a jury on a question of fact.
Judgment notwithstanding the verdict (judgment N.O.V.)
Verdict
Billable hours
Procedural law
47. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Road Map paragraph
Liberal construction
Beyond a reasonable doubt
Plain view doctrine
48. Law that deals with harm to a person or a person's property.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Holding
Tort law
Alternative dispute resolution (ADR)
49. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Proximate cause
Procedural law
Contingency fee
50. Monetary compensation - including compensatory - punitive - and nominal damages.
Power of judicial review
Grand jury
Damages
Overbreadth