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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 method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Deponent
Distinguishable cases
Substantive law
2. 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)
Principle
Implied warranty of habitability
Arraignment
3. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Unofficial reporter
Real Property
Circumstantial evidence
U.S. Court of Appeals
4. Questions that suggest the answer.
Invasion of Privacy
Case reporters
Concluding paragraph
Leading questions
5. The failure of an attorney to act reasonably.
Administrative law
Disbarment
Legal malpractice
Syllabus
6. A worldwide network of computer networks.
Questions of fact
Pleading in the alternative
Internet
Distinguishable cases
7. 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.
Duress
Leading question
Loislaw
Bailment
8. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Client trust account
Implied warranty of habitability
Major premise
9. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Easement
Westlaw
Directed verdict
Personal property
10. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Implied warranty of habitability
Invasion of Privacy
Canons of construction
Notice
11. 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.
Search engine
Successive conflict of interest
Arraignment
Plea bargaining
12. The justified use of force to protect oneself or others.
Appellee or respondent
Principle
Self-defense
Restrictive covenant
13. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Pinpoint cite
Personal property
Confidentiality
En banc
14. Also known as real estate; land and items growing on or permanently attached to that land.
Contingency fee
Real Property
Necessity
Loislaw
15. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Model Rules of Professional Conduct
Original jurisdiction
Overrule
Quiet enjoyment
16. Without the need for a warrant - the police may seize objects that are openly visible.
Freelance Paralegal
Specific performance
Plain view doctrine
Judicial activism
17. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Legal writing
Hypertext links
Entrapment
Suspension
18. Including more than one count in a complaint; the counts do not need to be consistent.
Battery
Freelance Paralegal
Assumption
Pleading in the alternative
19. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
On all fours
Answer
Constructive
Judgment notwithstanding the verdict (judgment N.O.V.)
20. 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
Testimonial evidence
Limited jurisdiction
Issue of first impression
21. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Reversible error
Internet
Comparative negligence
Annotated statutes
22. A defense whereby the defendant offers new evidence to avoid judgment.
Preemption
Affirmative defense
Diversity jurisdiction
Verdict
23. An agreement supported by consideration.
Evidence
Contract
Expert witness
Statutes at large or session laws
24. In a case brief - the general legal principle in existence before the case began.
Direct examination
Defamation
Annotated statutes
Rule
25. A term used to describe a case that is similar to another case.
Arbitration
On point
Internet
Assault
26. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Federalism
Concurrent conflict of interest
Landmark decision
27. Bad act.
Actus rea
Corroborative evidence
Restrictive covenant
Contingency Fee
28. A set of standardized jury instructions.
Double jeopardy
Pattern jury instructions
Certified
Exculpatory clause
29. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Rule
Compulsory joinder
Issue
Default judgment
30. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Valid
Stop and frisk
Invasion of Privacy
Annotated statutes
31. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Laws
Reverse
Successive conflict of interest
Limited liability partnership (LLP)
32. Someone who has the power to act in the place of another.
Professional judgment
Agent
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Legislative intent
33. A court opinion that establishes new law in an important area.
Leading question
Landmark decision
Testimonial evidence
Summons
34. Cases that involve similar facts and rules of law.
Legal Reasoning
Personal jurisdiction
Contingency Fee
Analogous cases
35. 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.
Beyond a reasonable doubt
Overrule
Legislative intent
Substantive law
36. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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37. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Miranda warnings
Vicarious representation
Booking
Irresistible impulse test
38. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Proximate cause
Major premise
Tort law
Contingency fee
39. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Caption
Narrow Holding
Comparative negligence
Consideration
40. 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.
U.S. district courts
Grand jury
Pretrial conference
Leading questions
41. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Regulation
Writ of certiorari
Relevancy
42. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Legal technician
Discovery
Void for vagueness
Entrapment
43. The requirement that relief be sought from an administrative agency before proceeding to court.
Exhaustion of administrative remedies
Discovery
Harmless error
Circumstantial evidence
44. Liability without a showing of fault.
Statutes of limitations
Rules of evidence
Persuasive authority
Strict liability
45. When an appellate court sends a case back to the trial court for a new trial or other action.
Pattern jury instructions
Remand
per curium
Official reporter
46. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Registration
Statutes of limitations
Plain meaning
Practice of law
47. 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.
Pattern jury instructions
Strict liability
Stare decisis
Beyond a reasonable doubt
48. Money is awarded to a plaintiff in payment for his or her actual losses.
Federalism
Plain view doctrine
Statute in derogation of the common law
Compensatory damages
49. The first ten amendments to the U.S. Constitution.
Bill of Rights
M'Naghten test
Interrogatories
Authentication
50. The questioning of an opposing witness.
Laws
Attorney-client privilege
Cross-examination
Quiet enjoyment