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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. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Stare decisis
Conflict of interest
Tenancy in common
Shepardizing
2. Courts that determine the facts and apply the law to the facts.
On point
Tort law
Professional Corporation (PC)
Trial courts
3. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Clear and convincing
Active Listening
Pattern jury instructions
Lay advocate
4. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Loislaw
Substantive law
Fixed Fee
Hourly rate
5. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Deposition
Model Rules of Professional Conduct
Clear and convincing
False imprisonment
6. 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.
Case reporters
Arraignment
Mandatory authority
Civil law
7. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Successive conflict of interest
Duress
Judgment notwithstanding the verdict (judgment N.O.V.)
Beyond a reasonable doubt
8. An opinion that disagrees with the majority's decision and reasoning.
Codification
Strict construction
Writ of certiorari
Dissenting opinion
9. Federal and state rules that regulate how criminal proceedings are conducted.
Personal property
Pleadings
Rules of criminal procedure
National Federation of Paralegal Associations (NFPA) www.paralegals.org
10. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Res ipsa loquitur
Reprimand or censure
Headnote
Answer
11. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Practice of law
Hourly rate
Insanity defense
Popular name table
12. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Motion
Entrapment
Pleadings
Registration
13. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Confidentiality
Invasion of Privacy
12(b)(6) motion
14. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Bill of Rights
Rules of criminal procedure
Legal Reasoning
Practice of law
15. The power of government to take private property for public purposes.
Reverse
Bill of Rights
Eminent Domain
Appellate or petitioner
16. Governmental publication of court opinions.
Digest
Official reporter
Constructive
M'Naghten test
17. A requirement that a party fulfill his or her contractual obligations.
Legal Reasoning
Specific performance
On point
Documentary evidence
18. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Full-text database
Nolo contendere
Legal technician
No-knock warrant
19. A business run by two or more persons as co-owners.
Code
Partnership
Legal Reasoning
Bailment
20. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Internet
Concurrent jurisdiction
Irresistible impulse test
Fact
21. 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.
Guardian
Case reporters
Alternative dispute resolution (ADR)
Liberal construction
22. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Pleading in the alternative
Reversible error
Nolo contendere
Service
23. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Nominal damages
Diversity jurisdiction
Conflict of interest
Client trust account
24. Law that deals with harm to a person or a person's property.
Ethical wall or screen or cone of silence
Arraignment
False imprisonment
Tort law
25. The questioning of your own witness.
Expert witness
Closed Questions
Recklessness
Direct examination
26. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Proving a case within a case
Hearsay
Deponent
Paralegal
27. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
Legal services offices
Ejusdem generis
Statutes at large or session laws
28. Questions relating to the interpretation or application of the law.
Landmark decision
Substantive facts
Questions of law
Treatment
29. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Unauthorized practice of law
Exhaustion of administrative remedies
Mediation
Battered woman's or spouse's syndrome
30. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Verification
Request for admissions
Documentary evidence
31. An issue that the court has never faced before.
Shepardizing
Assumption
Issue of first impression
Motion
32. 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.
Subpoena
Administrative law
Annotated statutes
Directed verdict
33. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Code
Code of Federal Regulations (C.F.R.)
Minor premise
Secondary authority
34. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Canons of construction
Notice
Major premise
Judicial restraint
35. Someone who has the power to act in the place of another.
Statutory element
Retreat exception
Agent
Appellate brief
36. Not factually true - but accepted by the courts as being legally true.
Original jurisdiction
Constructive
Specific performance
Professional Corporation (PC)
37. Courts that determine whether lower courts have made errors of law.
Appellate courts
Slip laws
Statutes at large or session laws
Notice pleading
38. Representing someone who is in a position adverse to a prior client.
Overbreadth
Successive conflict of interest
Overrule
Slip laws
39. A special type of joint tenancy applicable only to married couples.
Court of record
Certificated
Tenancy by the entirety
Vicarious representation
40. A pamphlet inserted into the back of a book containing information new since the volume was published.
Closed Questions
Real Property
Pocket part
Reverse
41. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Judgment proof
Federal question jurisdiction
Challenge for cause
Pinpoint cite
42. When only one court has the power to hear a case.
Strict liability
Exclusive jurisdiction
Lexis
Retainer
43. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Road Map paragraph
Implied warranty of habitability
Treatment
Complaint
44. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Code
Assumption
Affirm
Plain meaning
45. 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
Diversity jurisdiction
Rules of criminal procedure
Judgment proof
Negligence per se
46. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Eminent Domain
Contingency fee
Confidentiality
Narrow Holding
47. A repeat offender; one who continues to commit more crimes.
Beyond a reasonable doubt
Statutory element
Recidivist
Issue of first impression
48. A trial court error that is not sufficient to warrant reversing the decision.
Subpoena duces tecum
Challenge for cause
Harmless error
Exculpatory clause
49. Evidence that is derived from an illegal search or interrogation is inadmissible.
Counterclaim
Clear and convincing
Fruit of the poisonous tree doctrine
Disposition
50. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Plain view doctrine
Original jurisdiction
Minimum contacts
Hypertext links