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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 paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Lay advocate
Third-party claim
Pleading in the alternative
Freelance Paralegal
2. The publication of false statements that harm a person's reputation.
Negligence per se
Defamation
Motion in limine
Ethical wall or screen or cone of silence
3. A pamphlet inserted into the back of a book containing information new since the volume was published.
Personal jurisdiction
Voir dire
Pocket part
Statute
4. Questions that suggest the answer.
Successive conflict of interest
Leading questions
Product misuse
Pocket part
5. Questions relating to the interpretation or application of the law.
Separation of powers
Pretrial conference
Questions of law
Punitive damages
6. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Power of judicial review
Lexis
Legal fiction
7. The revocation of an attorney's license.
Court of record
Landmark decision
Disbarment
Bail
8. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Self-defense
Hourly rate
Deposition
9. A computerized database that contains key information about the content of documents - such as medical records.
Structured database
Harmless error
Diversity jurisdiction
Fruit of the poisonous tree doctrine
10. A set of standardized jury instructions.
Pattern jury instructions
Unauthorized practice of law
Pretrial motion
Exclusive jurisdiction
11. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Canons of construction
Diversity jurisdiction
Contributory negligence
Legal Research
12. The rule that in order to claim self-defense there must have been no possibility of retreat.
Retreat exception
Arbitration
Interrogatories
Affirmative defense
13. A token sum awarded when liability has been found but monetary damages cannot be shown.
Judicial activism
American Bar Association (ABA) www.abanet.org
Nominal damages
per curium
14. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Unofficial reporter
Count
Code of Federal Regulations (C.F.R.)
Battery
15. The first ten amendments to the U.S. Constitution.
Negligence per se
Bill of Rights
Restrictive covenant
En banc
16. 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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17. The judge informs the jurors of the law they need to know to make their decision.
Rule
Charging the jury
Federal question jurisdiction
Appellate courts
18. Standard used by appellate courts when reviewing a trial court's findings of fact.
Products liability
Loislaw
Affirmative defense
Clearly erroneous
19. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Substantive facts
Popular name table
Unofficial reporter
Challenge for cause
20. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
En banc
Bail
Specific performance
On point
21. The power of a court to hear a case.
Relevancy
Jurisdiction
Issue of first impression
Caption
22. A calendering system that records key dates and important deadlines.
Successive conflict of interest
Subsequent case history
Pretrial motion
Tickler System
23. The party in a case against whom an appeal has been filed.
Appellee or respondent
Rule 56 motion (summary judgment motion)
Tickler System
Pretrial conference
24. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Narrow Holding
Constitutional law
Corroborative evidence
Court of record
25. The person who is being asked questions at a deposition.
Defamation
Deponent
Official reporter
Affirmative defense
26. A request that the court prohibit the use of certain evidence at the trial.
Codification
Motion to suppress
Double jeopardy
Road Map paragraph
27. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Grand jury
On all fours
Syllabus
Necessity
28. A trial court error that is not sufficient to warrant reversing the decision.
Paralegal
Harmless error
Retainer agreement
Power of judicial review
29. The failure to act reasonably under the circumstances.
Negligence
Contingency fee
per curium
Request for admissions
30. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Respondeat superior
Judicial review
Rule 56 motion (summary judgment motion)
Indictment
31. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Strict construction
Recklessness
Legal writing
12(b)(6) motion
32. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Plaintiff
Personal property
Citation
Hearsay
33. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Clearly erroneous
Compensatory damages
Judgment notwithstanding the verdict (judgment N.O.V.)
34. The new legal principle established by a court opinion.
Insanity defense
Holding
Power of judicial review
Products liability
35. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Narrow Holding
Judgment notwithstanding the verdict (judgment N.O.V.)
Confidentiality
Fact
36. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Caption
Code of Federal Regulations (C.F.R.)
Potential conflict
Assumption
37. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Necessity
Assumption of the risk
Original jurisdiction
Judicial activism
38. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Voir dire
Subsequent case history
False imprisonment
Constitutional law
39. The general jurisdiction trial courts in the federal system.
Legal fiction
Reverse
Legal malpractice
U.S. district courts
40. A person who permits or directs another person to act on the principal's behalf.
Principle
Easement
Constructive
Third-party claim
41. The power of government to take private property for public purposes.
Eminent Domain
Third-party claim
Hourly rate
Adverse possession
42. The status of having received a certificate documenting that the person has successfully completed an educational program.
Exclusionary rule
Questions of fact
Certificated
U.S. district courts
43. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Court of record
Defamation
Confidentiality
44. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Answer
Circumstantial evidence
Remedial statute
Limited liability partnership (LLP)
45. When an appellate court sends a case back to the trial court for a new trial or other action.
Reasonable suspicion
Remand
Plea bargaining
Official reporter
46. The reference to a particular page within an opinion.
Subpoena duces tecum
Remedial statute
Pleadings
Pinpoint cite
47. A national organization of paralegal programs that promotes high standards for paralegal education.
Injunction
Service
General jurisdiction
American Association for Paralegal Education (AAfPE) www.aafpe.org
48. 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
Equity
12(b)(6) motion
Substantive facts
Legal fiction
49. The failure to act reasonably under the circumstances.
Original jurisdiction
Negligence
National Association of Legal Assistants (NALA) www.nala.org
Products liability
50. The pretrial oral questioning of a witness under oath.
Concurrent conflict of interest
Deposition
Ejusdem generis
Concluding paragraph