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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. Written questions sent by one side to the opposing side - answered under oath.
Lexis
Statutory element
Strict construction
Interrogatories
2. When more than one court has jurisdiction to hear a case.
Concurrent jurisdiction
Leading question
Full-text searches
Bailment
3. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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4. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Valid
Legal malpractice
Real or physical evidence
5. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Arrest
Bail
Official reporter
Unauthorized practice of law
6. Questions relating to what happened: who - what - when - where - and how.
12(b)(6) motion
Questions of fact
Motion to suppress
Statutes of limitations
7. A court's prior permission for the police to search and seize.
Warrant
Leading question
Personal jurisdiction
Fact
8. The rule requiring that the original document be produced at trial.
Exculpatory evidence
Transition
Best evidence rule
Subpoena duces tecum
9. Summary of one legal point in a court opinion; written by the editors at West.
Headnote
Holding
Plea bargaining
Contributory negligence
10. A form in which statutes are published; they are printed individually at the time they are first enacted.
Agent
Slip laws
Proximate cause
Authentication
11. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Fruit of the poisonous tree doctrine
Restrictive covenant
Class action suit
American Association for Paralegal Education (AAfPE) www.aafpe.org
12. Generally accepted legal principles.
Limited jurisdiction
Constructive
Harmless error
Black-letter law
13. An advance or down payment that is given to engage the services of an attorney.
Pleading in the alternative
Property law
Retainer
International Paralegal Management Association (IPMA) www.paralegal management.org
14. 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
Stop and frisk
Consideration
Recklessness
Stare decisis
15. A claim by the defendant against the plaintiff.
Expert witness
U.S. Supreme Court
Landmark decision
Counterclaim
16. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Notice
Constructive eviction
Counterclaim
Subject matter jurisdiction
17. A warrant that allows the police to enter without announcing their presence in advance.
Leading question
Broad holding
No-knock warrant
Mediation
18. A witness who has not been shown to have any special expertise.
Writ of execution
Lay witness
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Separation of powers
19. A request that the court prohibit the use of certain evidence at the trial.
Stare decisis
Motion to suppress
Implied warranty of habitability
Tenancy by the entirety
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.
Judgment notwithstanding the verdict (judgment N.O.V.)
Major premise
Majority opinion
Motion for a new trial
21. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Assumption of the risk
Compensatory damages
Recidivist
Limited liability partnership (LLP)
22. Money is awarded to a plaintiff in payment for his or her actual losses.
Respondeat superior
Battery
Judgment notwithstanding the verdict (judgment N.O.V.)
Compensatory damages
23. The party in a case against whom an appeal has been filed.
Appellee or respondent
Narrow Holding
Substantive facts
Direct examination
24. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Best evidence rule
Subsequent case history
Suspension
25. 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.
Booking
Reverse
Respondeat superior
Official reporter
26. The failure of an attorney to act reasonably.
Legal malpractice
Disbarment
Exigent circumstances
Affirmative defense
27. A court's power to hear only specialized cases.
Common law
Dissenting opinion
Limited jurisdiction
Transition
28. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Direct examination
Legislative history
Administrative law
Materiality
29. The process of finding the law.
Doctrine of implied powers
Legal Research
Affirmative defense
Actual cause
30. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
U.S. Supreme Court
Original jurisdiction
Judgment
Testimonial evidence
31. A request that the court order that certain information not be mentioned in the presence of the jury.
National Association of Legal Assistants (NALA) www.nala.org
Stare decisis
Motion in limine
Criminal law
32. The purpose of the legislature at the time it enacted the statute.
Legislative intent
Property
Full-text database
Client trust account
33. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Real property
Legal Reasoning
En banc
Registration
34. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Res ipsa loquitur
Implied warranty of habitability
Limited liability partnership (LLP)
Annotated statutes
35. The rule that in order to claim self-defense there must have been no possibility of retreat.
Booking
Evidence
Regulation
Retreat exception
36. Law that deals with harm to a person or a person's property.
Tort law
Partnership
Remedial statute
Strict liability
37. A public or private statement that an attorney's conduct violated the code of ethics.
Annotated statutes
American Association for Paralegal Education (AAfPE) www.aafpe.org
Mens rea
Reprimand or censure
38. Evidence that does not add any new information but that confirms facts that already have been established.
Valid
Property law
Questions of law
Cumulative evidence
39. A national association of paralegal managers.
No-knock warrant
Landmark decision
Materiality
International Paralegal Management Association (IPMA) www.paralegal management.org
40. Violation of a statute as proof of negligence
Confidentiality
Negligence per se
Relevancy
General jurisdiction
41. Questions that suggest the answer.
Leading questions
Product misuse
Counterclaim
Regulation
42. Law that creates rights and duties.
Substantive law
Deponent
Substantive facts
Bail
43. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Concurrent conflict of interest
Subpoena duces tecum
Codification of the common law
Valid
44. A requirement that a party fulfill his or her contractual obligations.
Codification of the common law
Specific performance
Federalism
Contributory negligence
45. The papers that begin a lawsuit-generally - the complaint and the answer.
Res ipsa loquitur
Pleadings
Separation of powers
Enabling act
46. A term used to describe a case that is similar to another case.
Pretrial conference
Writ of execution
Search engine
On point
47. 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.
Disbarment
Federalism
Rules of criminal procedure
Removal
48. Any tangible object - like a bloody glove.
Materiality
Certificated
General jurisdiction
Real or physical evidence
49. A trial conducted without a jury.
Assumption of the risk
Bench trial
Booking
Complaint
50. 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.
Plaintiff
Default judgment
Motion
Tenancy in common