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. The failure to act reasonably under the circumstances.
U.S. Court of Appeals
Real Property
Negligence
Respondeat superior
2. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Federalism
Comparative negligence
U.S. Court of Appeals
Unofficial reporter
3. Law dealing with ownership.
Substantive law
Property law
Joint tenancy
Overbreadth
4. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Remedial statute
Legal technician
Cumulative evidence
Agent
5. A set of standardized jury instructions.
Best evidence rule
Exigent circumstances
Directed verdict
Pattern jury instructions
6. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Damages
Actus rea
Questions of law
7. The questioning of an opposing witness.
Res ipsa loquitur
Necessity
Cross-examination
Model Rules of Professional Conduct
8. The pleading that begins a lawsuit.
Competency
Disbarment
Complaint
Principle
9. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Leading questions
Common law
Injunction
Arbitration
10. The process of finding the law.
Constructive
Professional judgment
Limited liability partnership (LLP)
Legal Research
11. A determination that an attorney may not practice law for a set period of time.
Major premise
Suspension
Evidence
Beyond a reasonable doubt
12. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Statutes at large or session laws
Laws
Tickler System
Active Listening
13. Being informed of some act done or about to be done.
Tenancy in common
Entrapment
Notice
Overrule
14. The person who is being asked questions at a deposition.
Charging the jury
Deponent
Summons
Subpoena
15. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Summary jury trials
Exhaustion of administrative remedies
Documentary evidence
Mistrial
16. A national paralegal association.
Concurring opinion
Laws
National Association of Legal Assistants (NALA) www.nala.org
Appellate brief
17. The party in a case against whom an appeal has been filed.
Statute
Shepardizing
Appellee or respondent
Judicial notice
18. The questioning of your own witness.
Subject matter jurisdiction
Legal writing
Writ of certiorari
Direct examination
19. The number of hours - or parts of an hour - that can be charged to a specific client.
Comparative negligence
Billable hours
Entrapment
Full-text searches
20. A summary of a court opinion that appears at the beginning of the case.
Writ of execution
Syllabus
Affirmative defense
Defendant
21. Information that can be presented in a court of law as proof of some fact.
Procedural facts
Hypertext links
Evidence
Deductive reasoning
22. A person who permits or directs another person to act on the principal's behalf.
Principle
Full-text searches
Substantive facts
Exclusive jurisdiction
23. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Property
Assumption of the risk
Lay a foundation
24. 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
Affirm
Popular name table
Grand jury
25. The status of having received a certificate documenting that the person has successfully completed an educational program.
Self-defense
Certificated
U.S. Court of Appeals
Case reporters
26. The publication of false statements that harm a person's reputation.
Federalism
Direct evidence
Stop and frisk
Defamation
27. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Legal fiction
Writ of certiorari
Paralegal
Actual cause
28. An opinion that disagrees with the majority's decision and its reasoning.
Questions of fact
Products liability
Dissenting opinion
Case reporters
29. An opinion that agrees with the majority's result but disagrees with its reasoning.
Fixed Fee
Certified
Concurring opinion
Judgment proof
30. 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.
Headnote
Substantive law
Standing
Mens rea
31. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Majority opinion
Remedial statute
Ejusdem generis
Reverse
32. Generally - an emergency situation that allows a search to proceed without a warrant.
Probable cause
Exigent circumstances
Complaint
Stop and frisk
33. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Mandatory authority
Search engine
Negligence
Annotated statutes
34. A trial conducted without a jury.
Bench trial
Voir dire
Judicial notice
Freelance Paralegal
35. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Jurisdiction
per curium
On all fours
Retreat exception
36. Law that deals with harm to an individual.
Inculpatory evidence
Civil law
Headnote
Hearsay
37. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Res ipsa loquitur
Compulsory joinder
12(b)(6) motion
Court of record
38. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Adverse possession
Secondary authority
Indictment
Issue of first impression
39. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Statutory element
Personal jurisdiction
Writ of certiorari
Prima facie case
40. A form in which statutes are published; they are printed individually at the time they are first enacted.
Federalism
Disposition
Slip laws
Court of record
41. The failure of an attorney to act reasonably.
Personal recognizance bond
Joint tenancy
Subpoena duces tecum
Legal malpractice
42. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Nolo contendere
Default judgment
Dismissal with prejudice
Tenancy in common
43. An opinion in which a majority of the court joins.
Corroborative evidence
Partnership
Majority opinion
Doctrine of implied powers
44. The power of a court to force a person to appear before it.
Tickler System
Pleading in the alternative
Personal jurisdiction
Power of judicial review
45. Rules of conduct promulgated and enforced by the government.
Writ of execution
Laws
M'Naghten test
Pretrial motion
46. The educated ability to apply law to specific facts.
Professional judgment
American Bar Association (ABA) www.abanet.org
Real Property
Power of judicial review
47. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Lay advocate
Concurring opinion
Legal writing
Concurrent conflict of interest
48. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Arbitration
Class action suit
Disposition
Liberal construction
49. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Fruit of the poisonous tree doctrine
Preponderance of the evidence
Suspension
Issue
50. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Adverse possession
Attorney-client privilege
Standing
Consideration