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Test your basic knowledge |
Paralegal 101
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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. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Major premise
Concluding paragraph
Relevancy
Issue of first impression
2. A defense requiring proof that the defendant was not mentally responsible.
Insanity defense
Pinpoint cite
Codification
Circumstantial evidence
3. Questions relating to the interpretation or application of the law.
Questions of law
Lay witness
Recklessness
Arrest
4. A term used to describe a case that is similar to another case.
Headnote
Guardian
On point
Deductive reasoning
5. 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.
Laws
Dismissal with prejudice
Overbreadth
Case citation
6. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Pinpoint cite
Relevancy
Federal question jurisdiction
Leading question
7. An advance or down payment that is given to engage the services of an attorney.
Statutes of limitations
Retainer
Doctrine of implied powers
Citing case
8. A suspicion based on specific facts; less than probable cause.
Specific performance
Derogation of the common law
Clearly erroneous
Reasonable suspicion
9. An agreement supported by consideration.
Contract
False imprisonment
Reverse
Structured database
10. A set charge for a specific service - such as drafting a simple will.
Battered woman's or spouse's syndrome
Jurisdiction
per curium
Fixed Fee
11. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Federalism
Overrule
Entrapment
Battered woman's or spouse's syndrome
12. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Fact
Cross-examination
Judicial notice
Joint tenancy
13. Evidence that suggests the defendant's innocence.
Issue of first impression
Documentary evidence
Exculpatory evidence
Persuasive authority
14. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Contingency Fee
Cross-examination
Freelance Paralegal
Major premise
15. The transfer of a case from one state court to a federal court.
Practice of law
Contributory negligence
Removal
Minor premise
16. A tangible object or a right or ownership interest.
Third-party claim
Ethical wall or screen or cone of silence
Property
Separation of powers
17. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Valid
Unofficial reporter
Strict liability
Evidence
18. Court decisions from a higher court in the same jurisdiction.
Judicial review
Mandatory authority
Active Listening
Slip laws
19. The requirement that relief be sought from an administrative agency before proceeding to court.
Tenancy in common
Appellant or petitioner
Exhaustion of administrative remedies
Writ of execution
20. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Compensatory damages
Injunction
Duress
Model Rules of Professional Conduct
21. A statute establishing and setting out the powers of an administrative agency.
Questions of fact
Enabling act
Vicarious representation
Request for admissions
22. Proof that the evidence is what it is said to be.
Motion to require a finding of not guilty
Fixed Fee
Authentication
Remand
23. The rule requiring that the original document be produced at trial.
Statute in derogation of the common law
Best evidence rule
Suspension
Standing
24. The process of finding the law.
Overrule
Judicial activism
Legal Research
Official reporter
25. An actual incident or condition; not a legal consequence.
Questions of law
Rules of evidence
Legal writing
Fact
26. Federal and state rules that regulate how criminal proceedings are conducted.
Legal fiction
Subsequent case history
Rules of criminal procedure
Statutory element
27. The purpose of the legislature at the time it enacted the statute.
Affirm
Cause of action
Legislative intent
Arbitration
28. A fee calculated as a percentage of the settlement or award in the case.
Cause of action
Cumulative evidence
Statute of limitations
Contingency Fee
29. A court's power to hear any type of case arising within its geographical area.
Conflict of interest
Westlaw
General jurisdiction
Counterclaim
30. A law enacted by a state legislature or by Congress.
Paralegal
Indictment
Statute
U.S. Supreme Court
31. The status of having received a certificate documenting that the person has successfully completed an educational program.
Judicial review
Certificated
Preemption
Conflict of interest
32. A determination that an attorney may not practice law for a set period of time.
Suspension
Tort law
Constitutional law
Standing
33. 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.
Motion to require a finding of not guilty
Bailment
Code of Federal Regulations (C.F.R.)
Recidivist
34. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Compulsory joinder
Summary jury trials
Legal services offices
Federalism
35. Cases that involve different facts and/or rules of law.
Distinguishable cases
Holding
Professional judgment
Implied warranty of habitability
36. Federal and state rules that govern the admissibility of evidence in court.
Conflict of interest
Injunction
Rules of evidence
Expert witness
37. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Limited jurisdiction
Comparative negligence
Power of judicial review
Professional Corporation (PC)
38. The power of a court to hear a case.
Jurisdiction
Client trust account
Exhaustion of administrative remedies
Exclusionary rule
39. A warrant that allows the police to enter without announcing their presence in advance.
No-knock warrant
Lay advocate
Exculpatory evidence
Challenge for cause
40. A defense whereby the defendant offers new evidence to avoid judgment.
Statutory element
Beyond a reasonable doubt
Guardian
Affirmative defense
41. When an appellate court sends a case back to the trial court for a new trial or other action.
U.S. Supreme Court
Remand
Product misuse
Judgment notwithstanding the verdict (judgment N.O.V.)
42. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Attorney-client privilege
Principle
Shepardizing
Prima facie case
43. An opinion that agrees with the majority's result but disagrees with its reasoning.
Canons of construction
Harmless error
Concurring opinion
Mediation
44. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Class action suit
Jurisdiction
Products liability
National Association of Legal Assistants (NALA) www.nala.org
45. The reference to a particular page within an opinion.
Cross-examination
Active Listening
Pinpoint cite
Unofficial reporter
46. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Strict liability
Legal services offices
Deductive reasoning
Legal malpractice
47. 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.
Legal Reasoning
Statutes of limitations
Direct evidence
Inculpatory evidence
48. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Pretrial motion
Beyond a reasonable doubt
Principle
Conflict of interest
49. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Probable cause
U.S. Court of Appeals
Voir dire
Plaintiff
50. The tort theory that an employer can be sued for the negligent acts of its employees.
Actual cause
Clearly erroneous
Respondeat superior
Administrative law
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