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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. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
M'Naghten test
Exclusionary rule
Assumption
2. When a higher court agrees with what lower court has done.
Arrest
Lay a foundation
Billable hours
Affirm
3. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Dictum
Booking
Potential conflict
Third-party claim
4. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Booking
Substantive law
Standing
Motion in limine
5. A compilation of federal administrative regulations arranged by agency.
Ejusdem generis
Full-text database
Criminal law
Code of Federal Regulations (C.F.R.)
6. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Federalism
Void for vagueness
Appellate or petitioner
Plea bargaining
7. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Arrest
Search engine
Issue
8. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Specific performance
Bail
Contingency fee
Fruit of the poisonous tree doctrine
9. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Landmark decision
Agent
Punitive damages
Cross-claim
10. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Broad holding
Defendant
Plain view doctrine
Res ipsa loquitur
11. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Citing case
Subject matter jurisdiction
Syllabus
12. Governmental publication of court opinions.
Dissenting opinion
National Association of Legal Assistants (NALA) www.nala.org
Motion to suppress
Official reporter
13. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Major premise
Pleading in the alternative
Substantive law
14. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Request for admissions
Overrule
U.S. Court of Appeals
Landmark decision
15. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Professional judgment
Stare decisis
Lexis
16. A book that contains court opinion headnotes arranged by subject matter.
Full-text database
Overrule
Digest
Real or physical evidence
17. The publication of false statements that harm a person's reputation.
Booking
Defamation
Secondary authority
Cross-claim
18. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Headnote
Miranda warnings
Contract
Judgment
19. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Overbreadth
Treatment
Major premise
Digest
20. 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.
Exclusionary rule
M'Naghten test
Legal Reasoning
Billable hours
21. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Issue of first impression
Clearly erroneous
Landmark decision
22. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Retainer agreement
Westlaw
Freelance Paralegal
Cross-claim
23. 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.
Power of judicial review
Certified
Notice
Minimum contacts
24. A national paralegal association.
Confidentiality
Remand
National Association of Legal Assistants (NALA) www.nala.org
Full-text searches
25. A request that the court release the defendant because of the illegality of the incarceration.
Appellant or petitioner
Writ of habeas corpus
Pattern jury instructions
Clear and convincing
26. 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.
Motion for a new trial
Standing
Cumulative evidence
Lexis
27. A witness who possesses skill and knowledge beyond that of the average person.
Expert witness
Certified
Third-party claim
Personal property
28. A defense requiring proof that the defendant was not mentally responsible.
Proximate cause
Insanity defense
Actual cause
Procedural facts
29. Evidence that does not add any new information but that confirms facts that already have been established.
Preponderance of the evidence
Cumulative evidence
Entrapment
Plain meaning
30. A tort committed by one who intends to do the act that creates the harm.
Pinpoint cite
Intentional tort
Cross-claim
Specific performance
31. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Inculpatory evidence
Confidentiality
Reverse
32. The power of a court to hear a particular type of case.
Comparative negligence
Easement
Questions of law
Subject matter jurisdiction
33. An opinion that disagrees with the majority's decision and its reasoning.
Headnote
Limited jurisdiction
Dissenting opinion
Lay a foundation
34. The rule requiring that the original document be produced at trial.
Statutes of limitations
Best evidence rule
Implied warranty of habitability
Double jeopardy
35. A statement in a judicial opinion not necessary for the decision of the case.
Citing case
Concurrent conflict of interest
Judicial review
Dictum
36. 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.
Negligence per se
Challenge for cause
Grand jury
Tenancy by the entirety
37. The questioning of your own witness.
Vicarious representation
Standing
Charging the jury
Direct examination
38. A trial court error that is not sufficient to warrant reversing the decision.
Rules of criminal procedure
Harmless error
Nolo contendere
Minor premise
39. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Materiality
Popular name table
Lay witness
Suspension
40. 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
Dismissal with prejudice
Mandatory authority
Probable cause
Diversity jurisdiction
41. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Open Questions
Notice pleading
Affirmative defense
Issue
42. Land and objects permanently attached to land.
Indictment
Legislative history
Trial courts
Real property
43. A defense whereby the defendant offers new evidence to avoid judgment.
Subject matter jurisdiction
Stare decisis
Substantive facts
Affirmative defense
44. A constitutional protection against being tried twice for the same crime.
Direct examination
Preemption
Double jeopardy
Code of Federal Regulations (C.F.R.)
45. 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.
Personal recognizance bond
Retainer agreement
Federalism
Pleading in the alternative
46. A business run by two or more persons as co-owners.
Popular name table
Nominal damages
Tenancy by the entirety
Partnership
47. A court opinion that establishes new law in an important area.
Landmark decision
Transition
Unauthorized practice of law
Statutes of limitations
48. Establishes a direct link to the event that must be proven.
International Paralegal Management Association (IPMA) www.paralegal management.org
Judicial notice
Exigent circumstances
Direct evidence
49. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Appellate brief
Prima facie case
Minor premise
Legislative intent
50. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Regulation
Deposition
Doctrine of implied powers
Court of record
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