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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 national voluntary organization of lawyers.
American Bar Association (ABA) www.abanet.org
Analogous cases
Plain view doctrine
Road Map paragraph
2. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Double jeopardy
Relevancy
Dictum
3. Information that can be presented in a court of law as proof of some fact.
Disposition
Evidence
Concluding paragraph
Freelance Paralegal
4. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Case reporters
Dismissal with prejudice
Hypertext links
Specific performance
5. The power of a court to hear a particular type of case.
Subject matter jurisdiction
Cause of action
Arbitration
Slip laws
6. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Subsequent case history
Inculpatory evidence
Legal Reasoning
Prior case history
7. A defense requiring proof that the defendant was not mentally responsible.
Billable hours
Tickler System
Insanity defense
Concurring opinion
8. A method for excusing a prospective juror; no reason need be given.
Peremptory challenge
Personal property
Doctrine of implied powers
U.S. Court of Appeals
9. A national association of paralegal associations.
Reverse
Documentary evidence
Ejusdem generis
National Federation of Paralegal Associations (NFPA) www.paralegals.org
10. 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.
Case citation
Certified
Restrictive covenant
Suspension
11. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Separation of powers
Case citation
Certified
Alternative dispute resolution (ADR)
12. In a case brief - facts that deal with what happened to the parties before the litigation began.
Removal
Respondeat superior
Substantive facts
American Association for Paralegal Education (AAfPE) www.aafpe.org
13. A tangible object or a right or ownership interest.
Notice pleading
Property
Overbreadth
Major premise
14. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Voir dire
Enabling act
Hypertext links
Headnote
15. The failure to act reasonably under the circumstances.
U.S. Supreme Court
Negligence
Entrapment
Punitive damages
16. A court opinion that establishes new law in an important area.
Legal technician
Landmark decision
Nominal damages
Case reporters
17. A case listed in Shepard's that cites your case.
Trial courts
Rules of criminal procedure
Respondeat superior
Citing case
18. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Tickler System
Freelance Paralegal
Arrest
Pinpoint cite
19. 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.
Full-text searches
Conflict of interest
Overrule
Substantive facts
20. 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.
Prima facie case
Motion to suppress
Punitive damages
Statute
21. Law dealing with ownership.
Rules of criminal procedure
Intentional tort
Hearsay
Property law
22. The intermediate appellate courts in the federal system.
U.S. Court of Appeals
Conflict of interest
Criminal law
Removal
23. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Legal clinic
Analogous cases
Structured database
24. The publication of false statements that harm a person's reputation.
Defamation
Exigent circumstances
Direct evidence
Valid
25. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Administrative law
Dismissal with prejudice
Proving a case within a case
Legal Research
26. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Lay witness
Personal recognizance bond
Motion to require a finding of not guilty
Professional Corporation (PC)
27. When a higher court agrees with what lower court has done.
Affirm
International Paralegal Management Association (IPMA) www.paralegal management.org
Exigent circumstances
Real property
28. The process of finding the law.
Digest
Materiality
Legal Research
Strict liability
29. In a case brief - the general legal principle in existence before the case began.
Charging the jury
Statutes of limitations
Rule
Cumulative evidence
30. '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
Actual cause
Grand jury
Constitutional law
31. A fee calculated as a percentage of the settlement or award in the case.
Summary jury trials
Affirm
Contingency Fee
Common law
32. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Leading question
Legal malpractice
Road Map paragraph
Active Listening
33. 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.
Directed verdict
Judgment proof
Reverse
M'Naghten test
34. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Ethical wall or screen or cone of silence
Stare decisis
Preemption
Pretrial conference
35. Evidence that supports previous testimony but that comes in a different form.
Comparative negligence
Intentional tort
Corroborative evidence
National Federation of Paralegal Associations (NFPA) www.paralegals.org
36. Indirect evidence - used to prove facts by implication.
Reverse
Negligence
Motion to suppress
Circumstantial evidence
37. The educated ability to apply law to specific facts.
Hypertext links
Professional judgment
Stare decisis
Joint tenancy
38. 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
Subpoena
Reversible error
Subpoena duces tecum
39. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Judicial restraint
Battered woman's or spouse's syndrome
Attorney-client privilege
40. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Negligence
Rules of criminal procedure
Void for vagueness
Legal fiction
41. A suspicion based on specific facts; less than probable cause.
Equity
Lay advocate
Comparative negligence
Reasonable suspicion
42. When an appellate court overturns or negates the decision of a lower court.
Defendant
Materiality
Reverse
Real or physical evidence
43. 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.
Standing
Defendant
Easement
Alternative dispute resolution (ADR)
44. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Stop and frisk
Concurrent conflict of interest
Arbitration
Certified
45. Books that contain appellate court decisions. There are both official and unofficial reporters.
Personal recognizance bond
Case reporters
Indictment
Exclusive jurisdiction
46. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Preponderance of the evidence
Code of Federal Regulations (C.F.R.)
Legal clinic
Loislaw
47. Summary of one legal point in a court opinion; written by the editors at West.
Relevancy
Legal clinic
Headnote
Concurrent jurisdiction
48. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Freelance Paralegal
Court of record
Summons
Restrictive covenant
49. An agreement supported by consideration.
Guardian
Statute
Arraignment
Contract
50. A constitutional protection against being tried twice for the same crime.
Full-text searches
Clearly erroneous
Appellant or petitioner
Double jeopardy