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Test your basic knowledge |
Paralegal 101
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Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
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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. Bad act.
Defendant
Void for vagueness
Actus rea
Statutory element
2. A case listed in Shepard's that cites your case.
Broad holding
Citing case
Challenge for cause
Appellee or respondent
3. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Certificated
Dictum
Personal jurisdiction
4. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Headnote
Execute
Ejusdem generis
5. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Motion to require a finding of not guilty
American Association for Paralegal Education (AAfPE) www.aafpe.org
Affirm
Direct examination
6. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Statute in derogation of the common law
Beyond a reasonable doubt
Cross-claim
Negligence
7. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Products liability
Power of judicial review
Majority opinion
Reprimand or censure
8. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Equity
Hypertext links
Testimonial evidence
Challenge for cause
9. Not factually true - but accepted by the courts as being legally true.
Mandatory authority
Voir dire
Corroborative evidence
Constructive
10. A national organization of paralegal programs that promotes high standards for paralegal education.
Common law
American Association for Paralegal Education (AAfPE) www.aafpe.org
Real Property
Persuasive authority
11. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Adverse possession
Arraignment
Defamation
Leading questions
12. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Proving a case within a case
Request for admissions
Doctrine of implied powers
Legislative history
13. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Harmless error
Ejusdem generis
Lay a foundation
14. The educated ability to apply law to specific facts.
Open Questions
Professional judgment
Intentional tort
Invasion of Privacy
15. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Counterclaim
Hypertext links
Power of judicial review
16. 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.
Appellate courts
Implied warranty of habitability
Property
Plain meaning
17. A compilation of federal administrative regulations arranged by agency.
Stare decisis
Disposition
Black-letter law
Code of Federal Regulations (C.F.R.)
18. The failure of an attorney to act reasonably.
Legislative intent
Lay witness
Criminal law
Legal malpractice
19. A witness who possesses skill and knowledge beyond that of the average person.
Expert witness
Clearly erroneous
Actual cause
Fruit of the poisonous tree doctrine
20. The modern pretrial procedure by which one party gains information from the adverse party.
Discovery
Canons of construction
Arraignment
Summary jury trials
21. 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.
Plaintiff
Statutes of limitations
Code of Federal Regulations (C.F.R.)
Intellectual Property
22. The party in a case against whom an appeal has been filed.
Competency
Statutes at large or session laws
Diversity jurisdiction
Appellee or respondent
23. Law that deals with harm to an individual.
Defendant
Miranda warnings
Jurisdiction
Civil law
24. The justified use of force to protect oneself or others.
Pretrial motion
Self-defense
Prima facie case
Bailment
25. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Proximate cause
Citing case
Reverse
26. 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.
Comparative negligence
Unauthorized practice of law
Prior case history
Leading question
27. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Constitutional law
Codification of the common law
Substantial capacity test
Exclusionary rule
28. 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.
Administrative law
Competency
Subsequent case history
Pinpoint cite
29. The tort theory that an employer can be sued for the negligent acts of its employees.
Legal malpractice
Restatement of the Law of Torts - Second
Respondeat superior
Hourly rate
30. A suspicion based on specific facts; less than probable cause.
Confidentiality
Analogous cases
Reasonable suspicion
Active Listening
31. 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.
Notice
Billable hours
Overrule
Concluding paragraph
32. Courts that determine the facts and apply the law to the facts.
Trial courts
Discovery
Attorney-client privilege
Entrapment
33. Questions relating to the interpretation or application of the law.
Consideration
Rule 56 motion (summary judgment motion)
Questions of law
Principle
34. A tangible object or a right or ownership interest.
Minor premise
Citation
Property
Narrow Holding
35. A court order requiring a party to perform a specific act or to cease doing a specific act.
Slip laws
Disposition
Injunction
Billable hours
36. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Reverse
Holding
Contingency Fee
37. A token sum awarded when liability has been found but monetary damages cannot be shown.
Nominal damages
On all fours
Execute
Bail
38. An opinion in which a majority of the court joins.
Vicarious representation
Pleading in the alternative
Majority opinion
Pretrial motion
39. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Search engine
Counterclaim
Practice of law
Concluding paragraph
40. The questioning of an opposing witness.
Mandatory authority
Cross-examination
Double jeopardy
Motion for a new trial
41. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Power of judicial review
Questions of fact
Certified
Diversity jurisdiction
42. A bank account used to hold money belonging to the client or to a third party.
Syllabus
Appellate courts
Affirm
Client trust account
43. A witness who has not been shown to have any special expertise.
Questions of law
Fixed Fee
Insanity defense
Lay witness
44. A defendant's personal promise to appear in court.
Personal recognizance bond
Statutes at large or session laws
No-knock warrant
Strict liability
45. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Transition
Corroborative evidence
Headnote
Writ of habeas corpus
46. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Tenancy by the entirety
Attorney-client privilege
Procedural law
Subsequent case history
47. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
International Paralegal Management Association (IPMA) www.paralegal management.org
Westlaw
Arrest
Case citation
48. To perform.
Execute
Freelance Paralegal
Appellee or respondent
Disposition
49. When only one court has the power to hear a case.
Disbarment
Stare decisis
Exclusive jurisdiction
Plea bargaining
50. Any tangible object - like a bloody glove.
Reverse
Narrow Holding
Real or physical evidence
Limited jurisdiction
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