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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 summary of one legal point in a court opinion; written by the editors at West.
Headnote
Negligence
Notice
Double jeopardy
2. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Stop and frisk
Respondeat superior
Mistrial
Personal property
3. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Personal jurisdiction
Cross-claim
Stop and frisk
4. Court decisions from a higher court in the same jurisdiction.
Statute
Overbreadth
Case reporters
Mandatory authority
5. A court order requiring a person to appear to testify at a trial or deposition.
Request for admissions
Subpoena
Cross-examination
Pocket part
6. A witness who has not been shown to have any special expertise.
Lay witness
Concluding paragraph
Plain view doctrine
Appellee or respondent
7. A national association of paralegal associations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Specific performance
Writ of habeas corpus
Lay advocate
8. The failure of an attorney to act reasonably.
On all fours
Pleadings
Vicarious representation
Legal malpractice
9. The opinion of a jury on a question of fact.
National Association of Legal Assistants (NALA) www.nala.org
Derogation of the common law
Verdict
Battered woman's or spouse's syndrome
10. Used to describe legislation that changes the common law.
Charging the jury
Res ipsa loquitur
Derogation of the common law
Issue of first impression
11. Indirect evidence - used to prove facts by implication.
Circumstantial evidence
Product misuse
Legislative intent
Personal property
12. Courts that determine whether lower courts have made errors of law.
Appellate courts
Expert witness
Exculpatory evidence
Code of Federal Regulations (C.F.R.)
13. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Motion for a new trial
Legal Research
Joint tenancy
Constructive eviction
14. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Unofficial reporter
Judgment proof
Invasion of Privacy
Federalism
15. The failure to act reasonably under the circumstances.
Competency
Negligence
Loislaw
Third-party claim
16. A set of standardized jury instructions.
Vicarious representation
Necessity
Procedural law
Pattern jury instructions
17. The pleading that begins a lawsuit.
Evidence
Appellant or petitioner
Complaint
Prima facie case
18. A national voluntary organization of lawyers.
Stop and frisk
Clearly erroneous
American Bar Association (ABA) www.abanet.org
Circumstantial evidence
19. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Westlaw
Analogous cases
Product misuse
Intentional tort
20. A determination that an attorney may not practice law for a set period of time.
Appellate or petitioner
Disbarment
Suspension
Arrest
21. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Writ of execution
Practice of law
Agent
Testimonial evidence
22. The number of hours - or parts of an hour - that can be charged to a specific client.
Procedural facts
Billable hours
Concurring opinion
Dismissal with prejudice
23. Something of value exchanged to form the basis of a contract.
Notice pleading
Annotated statutes
Consideration
Loislaw
24. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Pleadings
Testimonial evidence
Directed verdict
Cause of action
25. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Legislative intent
Specific performance
Nominal damages
26. A calendering system that records key dates and important deadlines.
Arraignment
Tickler System
Restatement of the Law of Torts - Second
Billable hours
27. In a case brief - facts that deal with what happened to the parties before the litigation began.
Affirm
Substantive facts
Concurrent jurisdiction
Narrow Holding
28. 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.
Grand jury
Internet
Summary jury trials
Legal Reasoning
29. Occurs when the police restrain a person's freedom and charge the person with a crime.
Case citation
Tort law
Service
Arrest
30. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Lexis
Bench trial
Legislative history
False imprisonment
31. Evidence that does not add any new information but that confirms facts that already have been established.
Appellate or petitioner
Annotated statutes
Motion to require a finding of not guilty
Cumulative evidence
32. A requirement that a party fulfill his or her contractual obligations.
Notice pleading
Reversible error
Specific performance
Loislaw
33. Land and objects permanently attached to land.
Real property
Appellate courts
Legal fiction
Strict construction
34. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Citation
Confidentiality
Peremptory challenge
Headnote
35. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Arraignment
Miranda warnings
Administrative law
Case reporters
36. When a higher court agrees with what lower court has done.
Affirm
Legal services offices
Evidence
Judicial review
37. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Specific performance
Defendant
Reversible error
Code
38. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Miranda warnings
Canons of construction
Annotated statutes
Pocket part
39. 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.
Adverse possession
Harmless error
Persuasive authority
International Paralegal Management Association (IPMA) www.paralegal management.org
40. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Exculpatory clause
Paralegal
Class action suit
Transition
41. 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.
Leading questions
Compulsory joinder
Substantial capacity test
Exclusionary rule
42. The party in a case against whom an appeal has been filed.
Assault
Affirmative defense
Appellee or respondent
Indictment
43. 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
Appellee or respondent
Black-letter law
Original jurisdiction
44. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Rule
Interrogatories
Judgment notwithstanding the verdict (judgment N.O.V.)
Negligence
45. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Statutes of limitations
Discovery
Tickler System
46. The revocation of an attorney's license.
Lay witness
Plain view doctrine
Hypertext links
Disbarment
47. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Strict liability
Affirm
Concurrent jurisdiction
Rule
48. A reason for invalidating a statute where it covers both protected and criminal activity.
Overbreadth
Certified
Regulation
Writ of certiorari
49. Cases that involve different facts and/or rules of law.
Distinguishable cases
Personal recognizance bond
Search engine
Procedural facts
50. 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
Exhaustion of administrative remedies
Stop and frisk
Stare decisis
Reversible error