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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 statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Compulsory joinder
Caption
Regulation
Broad holding
2. The new legal principle established by a court opinion.
Code of Federal Regulations (C.F.R.)
Issue
Holding
Closed Questions
3. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Procedural law
Nolo contendere
Concurrent jurisdiction
4. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Dissenting opinion
Conflict of interest
Circumstantial evidence
Discovery
5. A judicial philosophy that supports an active role for the judiciary in changing the law.
Pattern jury instructions
Judicial notice
Judicial activism
Legal fiction
6. A court order requiring a party to perform a specific act or to cease doing a specific act.
Negligence
Dictum
Subsequent case history
Injunction
7. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Lexis
Assumption of the risk
Full-text searches
Pretrial conference
8. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Authentication
Legal services offices
Personal property
Suspension
9. Law that deals with harm to an individual.
M'Naghten test
Legal writing
Double jeopardy
Civil law
10. Federal and state rules that regulate how criminal proceedings are conducted.
Verdict
Recklessness
Rules of criminal procedure
Preponderance of the evidence
11. A determination that an attorney may not practice law for a set period of time.
Prior case history
Recidivist
Suspension
National Federation of Paralegal Associations (NFPA) www.paralegals.org
12. Voluntarily and knowingly subjecting oneself to danger.
Miranda warnings
Agent
Assumption of the risk
Competency
13. All property that is not real property.
Holding
Remedial statute
Personal property
Assumption of the risk
14. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Best evidence rule
Remand
Motion in limine
Entrapment
15. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Issue
Fact
Reverse
Constructive eviction
16. Court decisions from a higher court in the same jurisdiction.
Mandatory authority
Enabling act
Code of Federal Regulations (C.F.R.)
Retainer agreement
17. An agreement supported by consideration.
Documentary evidence
Headnote
Contract
Constructive eviction
18. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Closed Questions
Issue
Strict construction
19. The power of a court to force a person to appear before it.
Appellee or respondent
Personal jurisdiction
Citing case
Lay witness
20. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Concurring opinion
Writ of execution
Court of record
Strict construction
21. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Criminal law
Nolo contendere
Proving a case within a case
Exigent circumstances
22. 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.
Narrow Holding
Writ of execution
Battered woman's or spouse's syndrome
Property
23. A suspicion based on specific facts; less than probable cause.
Primary authority
Bail
Reasonable suspicion
Evidence
24. A set charge for a specific service - such as drafting a simple will.
Fixed Fee
Proximate cause
Contributory negligence
Legal writing
25. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Reverse
Exigent circumstances
Original jurisdiction
Pinpoint cite
26. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Appellate or petitioner
Overbreadth
Materiality
Shepardizing
27. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Property
Judicial restraint
Common law
Separation of powers
28. A tort committed by one who intends to do the act that creates the harm.
Legal malpractice
Intentional tort
Dissenting opinion
Tenancy by the entirety
29. The educated ability to apply law to specific facts.
Subsequent case history
Professional judgment
Discovery
Paralegal
30. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Request for admissions
Deposition
Subsequent case history
Mistrial
31. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Pinpoint cite
Arbitration
Reverse
Clear and convincing
32. A constitutional protection against being tried twice for the same crime.
Open Questions
Double jeopardy
Products liability
Tickler System
33. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Paralegal
Structured database
Rule
Irresistible impulse test
34. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Affirmative defense
Statutes at large or session laws
Cross-claim
Products liability
35. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Strict construction
Reverse
Concluding paragraph
Necessity
36. A request made to the court.
Lay a foundation
Motion
Comparative negligence
Writ of execution
37. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Personal property
Exclusive jurisdiction
Voir dire
Stop and frisk
38. A repeat offender; one who continues to commit more crimes.
Recidivist
Registration
Exculpatory evidence
Judicial notice
39. The transfer of a case from one state court to a federal court.
Subpoena
Removal
Motion in limine
Successive conflict of interest
40. Governmental publication of court opinions.
Judicial activism
Official reporter
per curium
Adverse possession
41. When a higher court agrees with what lower court has done.
Disposition
Writ of execution
Nolo contendere
Affirm
42. The revocation of an attorney's license.
Restrictive covenant
Implied warranty of habitability
Disbarment
Paralegal
43. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Digest
Assault
Judgment notwithstanding the verdict (judgment N.O.V.)
Appellate courts
44. An approach whereby the courts give a statute a narrow interpretation.
Full-text database
Annotated statutes
Contributory negligence
Strict construction
45. Specific questions that usually demand very short or yes-no answers.
Direct evidence
Damages
Overrule
Closed Questions
46. The modern pretrial procedure by which one party gains information from the adverse party.
Bill of Rights
Concurring opinion
Entrapment
Discovery
47. 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.
Negligence
Miranda warnings
Arraignment
Proving a case within a case
48. Disregarding a substantial and unjustifiable risk that harm will result.
Recklessness
Active Listening
Concurrent jurisdiction
Federalism
49. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
Summons
Lexis
Actual cause
50. Books that contain appellate court decisions. There are both official and unofficial reporters.
Certified
Limited jurisdiction
Case citation
Case reporters