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Test your basic knowledge |
Paralegal 101
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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. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Insanity defense
Holding
12(b)(6) motion
Legal malpractice
2. A right to use property owned by another for a limited purpose.
Self-defense
Interrogatories
Judicial restraint
Easement
3. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Direct examination
Deposition
Battery
Verification
4. '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
Nominal damages
Writ of execution
Major premise
5. Questions relating to what happened: who - what - when - where - and how.
Affirmative defense
Tort law
Questions of fact
Closed Questions
6. A request that the court release the defendant because of the illegality of the incarceration.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Writ of habeas corpus
Rules of criminal procedure
Issue
7. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Defamation
Expert witness
Self-defense
Third-party claim
8. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Registration
Complaint
Motion to require a finding of not guilty
9. Federal and state rules that govern the admissibility of evidence in court.
Plea bargaining
Rules of evidence
Westlaw
Active Listening
10. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Successive conflict of interest
Conflict of interest
Insanity defense
Active Listening
11. 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.
Derogation of the common law
Structured database
Statutes of limitations
Pretrial motion
12. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Legal services offices
Lay advocate
Circumstantial evidence
13. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Attorney-client privilege
Reverse
Judgment
Compulsory joinder
14. A method for excusing a prospective juror; no reason need be given.
Prior case history
Contingency Fee
Legal malpractice
Peremptory challenge
15. A form in which statutes are published; they are printed individually at the time they are first enacted.
Specific performance
Power of judicial review
Charging the jury
Slip laws
16. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
American Bar Association (ABA) www.abanet.org
Assumption of the risk
Nominal damages
Voir dire
17. A national association of paralegal managers.
Reversible error
Actual cause
International Paralegal Management Association (IPMA) www.paralegal management.org
Issue of first impression
18. A court order authorizing a sheriff to take property in order to enforce a judgment.
Deductive reasoning
Service
Writ of execution
Concluding paragraph
19. Evidence that suggests the defendant's innocence.
Cause of action
Affirm
Exculpatory evidence
Lay advocate
20. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Statutes of limitations
International Paralegal Management Association (IPMA) www.paralegal management.org
Preemption
Invasion of Privacy
21. The tort theory that an employer can be sued for the negligent acts of its employees.
Personal recognizance bond
Closed Questions
Concurring opinion
Respondeat superior
22. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Charging the jury
Direct evidence
Intellectual Property
Separation of powers
23. The party in a case who has initiated an appeal.
Loislaw
International Paralegal Management Association (IPMA) www.paralegal management.org
Appellate or petitioner
Narrow Holding
24. Evidence that does not add any new information but that confirms facts that already have been established.
Cumulative evidence
Preponderance of the evidence
International Paralegal Management Association (IPMA) www.paralegal management.org
Reasonable suspicion
25. A requirement that a party fulfill his or her contractual obligations.
Removal
Concurring opinion
Specific performance
Doctrine of implied powers
26. 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
Doctrine of implied powers
Duress
Strict liability
27. A request made to the court.
Motion
Summons
Appellant or petitioner
Client trust account
28. A national organization of paralegal programs that promotes high standards for paralegal education.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Rule
Legislative intent
Property law
29. A term used to describe a case that is similar to another case.
On point
Overbreadth
Diversity jurisdiction
Exclusive jurisdiction
30. A court order requiring a person to appear to testify at a trial or deposition.
Verification
Subpoena
Arraignment
Legislative intent
31. The person who is being asked questions at a deposition.
Nominal damages
Direct examination
Deponent
Nolo contendere
32. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Judicial review
Charging the jury
Exhaustion of administrative remedies
Legal writing
33. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Arraignment
Unofficial reporter
Landmark decision
34. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Clear and convincing
Legal Research
Jurisdiction
Contributory negligence
35. The court's power to review statutes to decide whether they conform to the Constitution.
Judgment proof
Overrule
Judicial review
Damages
36. 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.
Recidivist
Fact
Strict liability
Statute of limitations
37. The failure to act reasonably under the circumstances.
Leading questions
Battered woman's or spouse's syndrome
Double jeopardy
Negligence
38. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Class action suit
Testimonial evidence
Invasion of Privacy
Legal Reasoning
39. 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.
American Bar Association (ABA) www.abanet.org
American Association for Paralegal Education (AAfPE) www.aafpe.org
Contingency fee
Retainer agreement
40. Law that deals with harm to an individual.
Appellate brief
Civil law
Insanity defense
Concluding paragraph
41. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Digest
Nolo contendere
Overrule
Tenancy in common
42. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Writ of habeas corpus
Discovery
Personal property
Westlaw
43. A trial court error that is not sufficient to warrant reversing the decision.
Hearsay
Harmless error
Entrapment
Vicarious representation
44. Questions that suggest the answer.
Prior case history
per curium
Leading questions
Warrant
45. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Rule
Exculpatory evidence
Grand jury
Property law
46. An opinion that agrees with the majority's result but disagrees with its reasoning.
Motion
Concurring opinion
Cross-claim
Proving a case within a case
47. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Closed Questions
Contingency fee
Annotated statutes
Concurring opinion
48. A person who initiates an appeal.
Codification of the common law
Attorney-client privilege
Citation
Appellant or petitioner
49. 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.
Authentication
Landmark decision
Prima facie case
Exigent circumstances
50. A worldwide network of computer networks.
Internet
Appellant or petitioner
Power of judicial review
Conflict of interest
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