SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. 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
Plain view doctrine
Judgment proof
Competency
2. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
12(b)(6) motion
Reversible error
Strict liability
Leading question
3. A bank account used to hold money belonging to the client or to a third party.
Comparative negligence
Successive conflict of interest
Reverse
Client trust account
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.
Notice pleading
Standing
Affirmative defense
Exculpatory clause
5. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Deposition
Persuasive authority
Clearly erroneous
6. A method for excusing a prospective juror; no reason need be given.
Open Questions
Specific performance
Partnership
Peremptory challenge
7. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Open Questions
Lay advocate
Stop and frisk
Implied warranty of habitability
8. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Dictum
Closed Questions
Assault
Doctrine of implied powers
9. A defendant's personal promise to appear in court.
Negligence
Statute in derogation of the common law
Personal recognizance bond
Major premise
10. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Clear and convincing
Separation of powers
Entrapment
11. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Legislative history
Paralegal
Nolo contendere
Legislative intent
12. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Successive conflict of interest
Canons of construction
Voir dire
Pretrial conference
13. An opinion that agrees with the majority's result but disagrees with the reasoning.
Affirmative defense
Concurrent conflict of interest
Pretrial conference
Concurring opinion
14. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Affirmative defense
Registration
Exculpatory evidence
Count
15. Generally - an emergency situation that allows a search to proceed without a warrant.
Paralegal
Exigent circumstances
Motion to suppress
Notice
16. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Competency
Evidence
Cause of action
Plain view doctrine
17. The rule requiring that the original document be produced at trial.
Best evidence rule
Narrow Holding
Deductive reasoning
Separation of powers
18. A computerized database that contains key information about the content of documents - such as medical records.
Rule
Warrant
Structured database
Third-party claim
19. Broad questions that put few limits on the freedom of the respondent.
Guardian
Statutory element
Irresistible impulse test
Open Questions
20. 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.
Plea bargaining
Contributory negligence
Actual cause
Negligence per se
21. A summary of one legal point in a court opinion; written by the editors at West.
Leading question
Headnote
Concurring opinion
Conflict of interest
22. A case listed in Shepard's that cites your case.
Overrule
Self-defense
Citing case
Evidence
23. Questions that suggest the answer.
Leading questions
Valid
Legal malpractice
Enabling act
24. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Answer
Beyond a reasonable doubt
Search engine
Headnote
25. The judge informs the jurors of the law they need to know to make their decision.
Necessity
Legal writing
Jurisdiction
Charging the jury
26. The first ten amendments to the U.S. Constitution.
Pinpoint cite
Distinguishable cases
Plaintiff
Bill of Rights
27. 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.
Judicial restraint
Loislaw
American Bar Association (ABA) www.abanet.org
Doctrine of implied powers
28. Establishes a direct link to the event that must be proven.
Syllabus
Direct evidence
Concurrent conflict of interest
Compulsory joinder
29. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Probable cause
Lay witness
Service
Tickler System
30. A set of standardized jury instructions.
Products liability
Fruit of the poisonous tree doctrine
Pattern jury instructions
Legislative history
31. Information about the law - such as that contained in encyclopedias and law review articles.
Dissenting opinion
Secondary authority
Necessity
Structured database
32. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Road Map paragraph
Assault
Judicial restraint
Injunction
33. A national organization of paralegal programs that promotes high standards for paralegal education.
Insanity defense
American Association for Paralegal Education (AAfPE) www.aafpe.org
Compensatory damages
Contributory negligence
34. A national association of paralegal associations.
Full-text database
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Judgment
Duress
35. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Suspension
Tenancy in common
U.S. Supreme Court
Legal fiction
36. 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.
Bail
Defamation
Lexis
Competency
37. 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.
Legislative history
Property
Service
Cumulative evidence
38. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Subsequent case history
Vicarious representation
Appellee or respondent
Contingency fee
39. When only one court has the power to hear a case.
Mandatory authority
Pleading in the alternative
Count
Exclusive jurisdiction
40. The revocation of an attorney's license.
Removal
Disposition
Annotated statutes
Disbarment
41. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Negligence
Guardian
Intentional tort
Third-party claim
42. Land and objects permanently attached to land.
Transition
Real property
12(b)(6) motion
Standing
43. A judicial philosophy that supports an active role for the judiciary in changing the law.
Judicial activism
Restrictive covenant
Alternative dispute resolution (ADR)
Attorney-client privilege
44. Used to describe legislation that changes the common law.
Substantive facts
Jurisdiction
Reverse
Derogation of the common law
45. A statement in a judicial opinion not necessary for the decision of the case.
Constructive
Mediation
Assumption of the risk
Dictum
46. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
per curium
Freelance Paralegal
Statutes at large or session laws
Trial courts
47. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Punitive damages
Client trust account
Plain meaning
Verification
48. A term used to describe a case that is similar to another case.
Affirmative defense
On point
Complaint
No-knock warrant
49. A fee calculated as a percentage of the settlement or award in the case.
Tenancy by the entirety
Common law
General jurisdiction
Contingency Fee
50. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Compulsory joinder
Property law
Cumulative evidence