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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. The justified use of force to protect oneself or others.
Vicarious representation
Issue
Self-defense
Bailment
2. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Legal writing
Trial courts
Confidentiality
Treatment
3. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Appellate brief
Complaint
Evidence
Intellectual Property
4. A grand jury's written accusation that a given individual has committed a crime.
Harmless error
Bench trial
Indictment
Conflict of interest
5. 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.
Prima facie case
Loislaw
Limited jurisdiction
Directed verdict
6. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Mens rea
Search engine
Separation of powers
Statute of limitations
7. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Power of judicial review
False imprisonment
Affirm
Documentary evidence
8. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Appellee or respondent
Exigent circumstances
Preponderance of the evidence
Appellate courts
9. The process of organizing statutes by subject matter.
Codification
Insanity defense
Contributory negligence
Consideration
10. 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.
Writ of execution
Duress
Standing
Default judgment
11. A summary of a court opinion that appears at the beginning of the case.
Rule 56 motion (summary judgment motion)
Disbarment
Syllabus
Federalism
12. A tangible object or a right or ownership interest.
Syllabus
Persuasive authority
Property
Exigent circumstances
13. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Overrule
Original jurisdiction
Subsequent case history
Reverse
14. 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
Grand jury
Diversity jurisdiction
Reverse
15. A requirement that a party fulfill his or her contractual obligations.
Entrapment
Judicial restraint
Count
Specific performance
16. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Lexis
Judicial notice
Deductive reasoning
Civil law
17. A trial conducted without a jury.
Freelance Paralegal
Bench trial
Invasion of Privacy
National Association of Legal Assistants (NALA) www.nala.org
18. When an appellate court sends a case back to the trial court for a new trial or other action.
Statutory element
Remand
Complaint
Codification
19. A national association of paralegal managers.
Subsequent case history
International Paralegal Management Association (IPMA) www.paralegal management.org
Consideration
Minor premise
20. A person who initiates a lawsuit.
Plaintiff
Exclusive jurisdiction
Reprimand or censure
Notice pleading
21. An opinion that agrees with the majority's result but disagrees with the reasoning.
Implied warranty of habitability
Lexis
Property
Concurring opinion
22. Cases that involve different facts and/or rules of law.
Reversible error
Distinguishable cases
Beyond a reasonable doubt
Assumption
23. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Cumulative evidence
Case citation
Compulsory joinder
Necessity
24. A witness who has not been shown to have any special expertise.
Distinguishable cases
Lay witness
Full-text searches
Model Rules of Professional Conduct
25. A national association of paralegal associations.
Arraignment
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Westlaw
Ejusdem generis
26. 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.
Popular name table
Hearsay
Doctrine of implied powers
Statute of limitations
27. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Practice of law
Motion to require a finding of not guilty
Registration
Directed verdict
28. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Pattern jury instructions
Assault
Bill of Rights
Issue
29. A canon of construction meaning 'of the same class.:
Civil law
Ejusdem generis
Intentional tort
Cause of action
30. 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.
Affirmative defense
Procedural law
Guardian
Caption
31. When more than one court has jurisdiction to hear a case.
Practice of law
Compensatory damages
Counterclaim
Concurrent jurisdiction
32. A constitutional protection against being tried twice for the same crime.
Limited jurisdiction
Exigent circumstances
Double jeopardy
Negligence
33. Evidence that suggests the defendant's innocence.
Alternative dispute resolution (ADR)
Concurring opinion
Probable cause
Exculpatory evidence
34. 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.
Hourly rate
Statutes of limitations
Internet
Statutory element
35. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Invasion of Privacy
Active Listening
Disposition
Specific performance
36. A request that the court order that certain information not be mentioned in the presence of the jury.
Reversible error
Real or physical evidence
Motion in limine
Remand
37. A book that contains court opinion headnotes arranged by subject matter.
Narrow Holding
Digest
Default judgment
Notice pleading
38. Generally - an emergency situation that allows a search to proceed without a warrant.
Miranda warnings
Cause of action
Double jeopardy
Exigent circumstances
39. A case listed in Shepard's that cites your case.
Citing case
Best evidence rule
Invasion of Privacy
Issue
40. Information about the law - such as that contained in encyclopedias and law review articles.
Overrule
Secondary authority
Circumstantial evidence
Equity
41. A national voluntary organization of lawyers.
Documentary evidence
Service
American Bar Association (ABA) www.abanet.org
Successive conflict of interest
42. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Freelance Paralegal
Unauthorized practice of law
Materiality
Hearsay
43. The law itself - such as statutes and court opinions.
Legal clinic
Leading questions
Hourly rate
Primary authority
44. 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
Mandatory authority
Doctrine of implied powers
Pleading in the alternative
45. A determination that an attorney may not practice law for a set period of time.
Suspension
Easement
Certified
Exclusionary rule
46. A calendering system that records key dates and important deadlines.
Tickler System
Shepardizing
Constructive
Issue
47. The party in a case against whom an appeal has been filed.
Doctrine of implied powers
Proximate cause
Summary jury trials
Appellee or respondent
48. An approach whereby the courts give a statute a broad interpretation.
Mediation
Liberal construction
Intellectual Property
Legal malpractice
49. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Disbarment
Reversible error
Leading question
50. A person who initiates an appeal.
Assumption of the risk
Appellant or petitioner
Remand
Judicial review