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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 constitutional protection against being tried twice for the same crime.
Jurisdiction
Double jeopardy
Doctrine of implied powers
Landmark decision
2. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Full-text database
Necessity
Summary jury trials
Writ of habeas corpus
3. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Headnote
Trial courts
Request for admissions
4. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Stare decisis
Canons of construction
Billable hours
Tenancy by the entirety
5. All property that is not real property.
Exculpatory clause
Successive conflict of interest
Bill of Rights
Personal property
6. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Judicial notice
Documentary evidence
Mens rea
Popular name table
7. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
12(b)(6) motion
Verification
Self-defense
Stare decisis
8. A request that the court order that certain information not be mentioned in the presence of the jury.
Motion in limine
Class action suit
Distinguishable cases
Strict liability
9. A determination that an attorney may not practice law for a set period of time.
Loislaw
Inculpatory evidence
Corroborative evidence
Suspension
10. Generally - an emergency situation that allows a search to proceed without a warrant.
Tenancy by the entirety
Affirmative defense
Subpoena
Exigent circumstances
11. A fee calculated as a percentage of the settlement or award in the case.
Legal clinic
Certified
Contingency Fee
Removal
12. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Probable cause
Separation of powers
Appellant or petitioner
Plaintiff
13. The judge informs the jurors of the law they need to know to make their decision.
Charging the jury
U.S. Court of Appeals
Suspension
Products liability
14. Questions that suggest the answer.
Guardian
International Paralegal Management Association (IPMA) www.paralegal management.org
Writ of execution
Leading questions
15. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Competency
Necessity
Exculpatory evidence
Legislative history
16. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Shepardizing
Inculpatory evidence
Bailment
Federal question jurisdiction
17. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Judicial restraint
Lay witness
Dissenting opinion
Tenancy by the entirety
18. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Pretrial conference
Guardian
Products liability
Strict liability
19. 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.
Appellate or petitioner
Registration
Paralegal
Writ of certiorari
20. A statute establishing and setting out the powers of an administrative agency.
Overbreadth
Leading questions
Enabling act
Booking
21. The publication of false statements that harm a person's reputation.
Defamation
Rules of evidence
No-knock warrant
Clearly erroneous
22. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Personal recognizance bond
Recklessness
Joint tenancy
23. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Tenancy in common
Pleadings
Restrictive covenant
Popular name table
24. Information that can be presented in a court of law as proof of some fact.
Subpoena
Evidence
Valid
Mediation
25. A repeat offender; one who continues to commit more crimes.
Narrow Holding
Recidivist
Unauthorized practice of law
Materiality
26. 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.
Reverse
Plea bargaining
Res ipsa loquitur
Count
27. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Code
Battered woman's or spouse's syndrome
Negligence per se
Codification
28. When an appellate court sends a case back to the trial court for a new trial or other action.
Void for vagueness
Remand
Contingency Fee
Major premise
29. A token sum awarded when liability has been found but monetary damages cannot be shown.
Nominal damages
Potential conflict
Diversity jurisdiction
Reverse
30. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Constructive eviction
Property
Clearly erroneous
Service
31. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
Contract
Probable cause
Directed verdict
32. A business run by two or more persons as co-owners.
Partnership
Exclusive jurisdiction
Retreat exception
Diversity jurisdiction
33. A court's power to hear any type of case arising within its geographical area.
Leading questions
General jurisdiction
Case reporters
Appellant or petitioner
34. 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.
Power of judicial review
Digest
Civil law
Adverse possession
35. A statement in a judicial opinion not necessary for the decision of the case.
Code
Preponderance of the evidence
Dissenting opinion
Dictum
36. A defense whereby the defendant offers new evidence to avoid judgment.
Punitive damages
Affirmative defense
Appellee or respondent
Fruit of the poisonous tree doctrine
37. The justified use of force to protect oneself or others.
Answer
Self-defense
Ethical wall or screen or cone of silence
Third-party claim
38. A national organization of paralegal programs that promotes high standards for paralegal education.
Headnote
Duress
Specific performance
American Association for Paralegal Education (AAfPE) www.aafpe.org
39. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Code
Pretrial motion
Easement
Necessity
40. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Strict liability
Legal fiction
Warrant
Defamation
41. A court order requiring a person to appear to testify at a trial or deposition.
Case citation
Subpoena
Transition
Consideration
42. The questioning of your own witness.
Mandatory authority
Certified
Probable cause
Direct examination
43. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Cause of action
Analogous cases
Overrule
Duress
44. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Clearly erroneous
Hearsay
Fact
45. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Structured database
Pattern jury instructions
Potential conflict
46. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Limited liability partnership (LLP)
Original jurisdiction
Certified
Headnote
47. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Exclusive jurisdiction
Federalism
Legal writing
Judicial restraint
48. A defense requiring proof that the defendant was not mentally responsible.
Retainer
Insanity defense
Concurring opinion
Pattern jury instructions
49. A set of standardized jury instructions.
Entrapment
Diversity jurisdiction
Invasion of Privacy
Pattern jury instructions
50. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Lexis
Civil law
Retainer agreement