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Test your basic knowledge |
Paralegal 101
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Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
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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 business run by two or more persons as co-owners.
Reverse
Federal question jurisdiction
Interrogatories
Partnership
2. 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.
Concluding paragraph
Official reporter
Statutes of limitations
Insanity defense
3. An opinion that disagrees with the majority's decision and its reasoning.
Removal
Dissenting opinion
Disposition
Leading question
4. A court's power to hear any type of case arising within its geographical area.
Recklessness
U.S. Court of Appeals
General jurisdiction
Statute of limitations
5. The result reached in a particular case.
Assumption of the risk
Disposition
Primary authority
Appellee or respondent
6. A trial conducted without a jury.
M'Naghten test
Certificated
Holding
Bench trial
7. Disregarding a substantial and unjustifiable risk that harm will result.
Damages
Recklessness
Appellant or petitioner
Grand jury
8. The opinion of a jury on a question of fact.
Verdict
Shepardizing
Statutory element
Separation of powers
9. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Motion to suppress
Clearly erroneous
Compulsory joinder
Open Questions
10. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Liberal construction
Expert witness
American Bar Association (ABA) www.abanet.org
Limited liability partnership (LLP)
11. 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
Tenancy in common
Equity
Entrapment
Probable cause
12. A national voluntary organization of lawyers.
Recidivist
Recklessness
Original jurisdiction
American Bar Association (ABA) www.abanet.org
13. When an appellate court overturns or negates the decision of a lower court.
Punitive damages
Procedural law
Products liability
Reverse
14. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Practice of law
Partnership
Westlaw
Judgment proof
15. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Beyond a reasonable doubt
Inculpatory evidence
International Paralegal Management Association (IPMA) www.paralegal management.org
Answer
16. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Personal jurisdiction
Duress
Damages
Reasonable suspicion
17. All property that is not real property.
Defendant
Personal property
Corroborative evidence
Remand
18. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Direct evidence
Caption
Federal question jurisdiction
Stop and frisk
19. A person who initiates an appeal.
Appellant or petitioner
Judicial activism
Clearly erroneous
Negligence
20. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Legal clinic
Contingency fee
Reverse
Active Listening
21. A provision in a deed that prohibits specified uses of the property.
Harmless error
Restrictive covenant
Professional Corporation (PC)
Damages
22. The judge informs the jurors of the law they need to know to make their decision.
Charging the jury
Motion to suppress
Verification
Deponent
23. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Headnote
Questions of law
Restatement of the Law of Torts - Second
Transition
24. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Intellectual Property
Exculpatory evidence
Res ipsa loquitur
Writ of execution
25. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Ejusdem generis
12(b)(6) motion
Structured database
Legal Reasoning
26. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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27. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Tort law
Charging the jury
Bailment
28. 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.
Retreat exception
Writ of certiorari
Mediation
Insanity defense
29. A trial court error that is not sufficient to warrant reversing the decision.
Statute of limitations
Concurring opinion
Harmless error
Dismissal with prejudice
30. A national association of paralegal managers.
International Paralegal Management Association (IPMA) www.paralegal management.org
Deposition
Equity
Dissenting opinion
31. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Pretrial motion
Preemption
Code
Double jeopardy
32. Information about the law - such as that contained in encyclopedias and law review articles.
Pretrial conference
Secondary authority
Court of record
Minor premise
33. Simultaneously representing adverse clients.
Verdict
Void for vagueness
Concurrent conflict of interest
Rule
34. 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.
Closed Questions
En banc
Minimum contacts
Notice
35. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Nolo contendere
Cumulative evidence
On all fours
Personal property
36. Federal and state rules that regulate how criminal proceedings are conducted.
Rules of criminal procedure
Comparative negligence
Suspension
Civil law
37. An opinion that disagrees with the majority's decision and reasoning.
Comparative negligence
Actual cause
Dissenting opinion
Issue
38. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Issue
Appellate courts
Relevancy
Arraignment
39. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Concluding paragraph
Legal Reasoning
Motion for a new trial
Reverse
40. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Negligence
Legal Reasoning
Contributory negligence
Service
41. 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.
Caption
Hourly rate
Property
Majority opinion
42. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Conflict of interest
Reverse
Subsequent case history
Dissenting opinion
43. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Concurring opinion
Legal writing
Procedural facts
Internet
44. Law that deals with harm to an individual.
No-knock warrant
Judgment
Preponderance of the evidence
Civil law
45. A suspicion based on specific facts; less than probable cause.
Vicarious representation
Reasonable suspicion
Battery
Analogous cases
46. 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.
Persuasive authority
Assumption of the risk
Competency
Attorney-client privilege
47. 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.
Billable hours
Diversity jurisdiction
Legal technician
Lay advocate
48. A request made to the court.
Class action suit
Contract
Lay advocate
Motion
49. An agreement supported by consideration.
Contract
En banc
Regulation
Indictment
50. When more than one court has jurisdiction to hear a case.
Substantive law
Plain meaning
Concurrent jurisdiction
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