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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 compilation of federal administrative regulations arranged by agency.
Legal malpractice
Legal writing
Judgment
Code of Federal Regulations (C.F.R.)
2. The person who is being asked questions at a deposition.
Procedural facts
Liberal construction
Real Property
Deponent
3. The publication of false statements that harm a person's reputation.
Defamation
per curium
Professional Corporation (PC)
Clearly erroneous
4. The party in a case who has initiated an appeal.
Assumption of the risk
Service
Expert witness
Appellate or petitioner
5. A tangible object or a right or ownership interest.
Property
Injunction
Personal property
Disbarment
6. A business run by two or more persons as co-owners.
Partnership
Complaint
Invasion of Privacy
Limited jurisdiction
7. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Disbarment
Lay advocate
Products liability
Certificated
8. The rule requiring that the original document be produced at trial.
Mens rea
Best evidence rule
Closed Questions
Service
9. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Concluding paragraph
Entrapment
Unauthorized practice of law
Substantive facts
10. An approach whereby the courts give a statute a broad interpretation.
Liberal construction
Writ of certiorari
Mandatory authority
Nolo contendere
11. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Products liability
Invasion of Privacy
Constructive eviction
Plea bargaining
12. A court's power to hear any type of case arising within its geographical area.
Canons of construction
General jurisdiction
Pinpoint cite
Competency
13. The power of government to take private property for public purposes.
Diversity jurisdiction
Certified
Exculpatory clause
Eminent Domain
14. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Annotated statutes
Valid
Product misuse
Equity
15. General principles that guide the courts in their interpretation of statutes.
Lay a foundation
Canons of construction
Code
Confidentiality
16. A witness who has not been shown to have any special expertise.
Lay witness
Verification
Self-defense
Clearly erroneous
17. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Affirm
Digest
12(b)(6) motion
18. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Grand jury
Exhaustion of administrative remedies
Freelance Paralegal
Subpoena
19. An issue that the court has never faced before.
Mistrial
Execute
Issue of first impression
Request for admissions
20. Voluntarily and knowingly subjecting oneself to danger.
Easement
Relevancy
Assumption of the risk
Practice of law
21. Representing someone who is in a position adverse to a prior client.
Reverse
Contingency Fee
Successive conflict of interest
Judgment proof
22. Simultaneously representing adverse clients.
Concurrent conflict of interest
Legal technician
Internet
Prima facie case
23. 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
Comparative negligence
Full-text searches
Intentional tort
24. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Jurisdiction
Full-text searches
Harmless error
Secondary authority
25. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Probable cause
Contingency fee
Necessity
Assault
26. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
General jurisdiction
Judicial notice
Overrule
Relevancy
27. Voluntarily and knowingly subjecting oneself to danger.
Holding
Assumption of the risk
Bench trial
Leading question
28. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Motion to suppress
Dissenting opinion
Full-text database
Reversible error
29. The first ten amendments to the U.S. Constitution.
Competency
Miranda warnings
Principle
Bill of Rights
30. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Landmark decision
Compensatory damages
Statute
Concluding paragraph
31. 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.
Appellee or respondent
Guardian
Judgment proof
Evidence
32. Establishes a direct link to the event that must be proven.
Direct evidence
Diversity jurisdiction
Deductive reasoning
Writ of habeas corpus
33. 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.
Prima facie case
Search engine
Appellant or petitioner
Competency
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.
Eminent Domain
Adverse possession
Hourly rate
Common law
35. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Major premise
Service
Pattern jury instructions
Removal
36. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Exhaustion of administrative remedies
Compensatory damages
Minimum contacts
Structured database
37. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
Appellate brief
Tenancy in common
Testimonial evidence
38. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Clear and convincing
Confidentiality
Plaintiff
Implied warranty of habitability
39. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Notice
Headnote
Reverse
Registration
40. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Cause of action
Alternative dispute resolution (ADR)
Popular name table
41. The transfer of a case from one state court to a federal court.
Removal
Authentication
Notice pleading
Invasion of Privacy
42. The new legal principle established by a court opinion.
Dictum
Holding
Questions of fact
Documentary evidence
43. Law that deals with harm to an individual.
Probable cause
Civil law
Miranda warnings
Statutory element
44. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Mistrial
Civil law
Potential conflict
Concurrent jurisdiction
45. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Judicial restraint
Citation
Charging the jury
Codification of the common law
46. Summary of one legal point in a court opinion; written by the editors at West.
Defendant
Federal question jurisdiction
Headnote
Overbreadth
47. When a higher court agrees with what lower court has done.
Notice pleading
Headnote
Holding
Affirm
48. 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.
Counterclaim
American Association for Paralegal Education (AAfPE) www.aafpe.org
Preponderance of the evidence
Fixed Fee
49. The judge informs the jurors of the law they need to know to make their decision.
Charging the jury
Legal services offices
Guardian
Certificated
50. A court order requiring a person to appear to testify at a trial or deposition.
Corroborative evidence
Alternative dispute resolution (ADR)
Subpoena
Cross-claim