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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. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Challenge for cause
Guardian
Appellate courts
Arraignment
2. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Substantial capacity test
Major premise
Concurrent conflict of interest
Exigent circumstances
3. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
No-knock warrant
Implied warranty of habitability
Secondary authority
Recidivist
4. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Miranda warnings
Registration
Punitive damages
Testimonial evidence
5. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Popular name table
Treatment
Holding
National Association of Legal Assistants (NALA) www.nala.org
6. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Rules of evidence
Proving a case within a case
Motion for a new trial
Conflict of interest
7. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Subpoena
Model Rules of Professional Conduct
Pleadings
Motion to require a finding of not guilty
8. Courts that determine whether lower courts have made errors of law.
Conflict of interest
Appellate courts
Guardian
Appellee or respondent
9. 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.
Subject matter jurisdiction
Legal fiction
Cause of action
Exculpatory clause
10. A reason for invalidating a statute where it covers both protected and criminal activity.
Landmark decision
Overbreadth
Inculpatory evidence
Affirm
11. A public or private statement that an attorney's conduct violated the code of ethics.
Standing
Exclusive jurisdiction
Tenancy in common
Reprimand or censure
12. Questions relating to the interpretation or application of the law.
Questions of law
Legal writing
Deposition
Broad holding
13. The power of a court to force a person to appear before it.
Directed verdict
Personal jurisdiction
Assumption of the risk
Strict liability
14. Evidence that does not add any new information but that confirms facts that already have been established.
Jurisdiction
Cumulative evidence
Subject matter jurisdiction
Actus rea
15. The rule that in order to claim self-defense there must have been no possibility of retreat.
Writ of certiorari
Attorney-client privilege
Retreat exception
Arbitration
16. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Subject matter jurisdiction
Cumulative evidence
National Federation of Paralegal Associations (NFPA) www.paralegals.org
17. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Entrapment
Appellant or petitioner
Overrule
18. A provision in a deed that prohibits specified uses of the property.
Restrictive covenant
Remand
U.S. Court of Appeals
Mediation
19. Books that contain appellate court decisions. There are both official and unofficial reporters.
Valid
Summons
Conflict of interest
Case reporters
20. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Road Map paragraph
Actual cause
Exigent circumstances
21. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Verdict
Personal property
Contributory negligence
Personal property
22. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Legal malpractice
Judicial activism
Rules of criminal procedure
Constructive eviction
23. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Count
Retainer agreement
Concluding paragraph
Tickler System
24. Information that can be presented in a court of law as proof of some fact.
Evidence
Booking
Tenancy in common
Guardian
25. The law itself - such as statutes and court opinions.
Guardian
Primary authority
Recklessness
Questions of fact
26. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Complaint
Void for vagueness
Direct examination
27. Questions relating to what happened: who - what - when - where - and how.
Separation of powers
Pretrial conference
Dissenting opinion
Questions of fact
28. 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.
Guardian
Exclusive jurisdiction
Intellectual Property
Request for admissions
29. Being informed of some act done or about to be done.
False imprisonment
Common law
Leading question
Notice
30. A person who permits or directs another person to act on the principal's behalf.
Internet
Principle
Relevancy
Minor premise
31. A national association of paralegal managers.
Code of Federal Regulations (C.F.R.)
Legal technician
Preemption
International Paralegal Management Association (IPMA) www.paralegal management.org
32. Disregarding a substantial and unjustifiable risk that harm will result.
Retainer
Closed Questions
Recklessness
Legal Reasoning
33. The papers that begin a lawsuit-generally - the complaint and the answer.
Pleadings
Distinguishable cases
Direct examination
Exclusionary 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.
Doctrine of implied powers
Judicial activism
Minimum contacts
Concurrent conflict of interest
35. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Lexis
Statute of limitations
Double jeopardy
Concurring opinion
36. Violation of a statute as proof of negligence
Hypertext links
Judgment notwithstanding the verdict (judgment N.O.V.)
Arrest
Negligence per se
37. 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
Diversity jurisdiction
Motion to require a finding of not guilty
Partnership
Reasonable suspicion
38. 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.
Reverse
Preponderance of the evidence
Grand jury
Corroborative evidence
39. 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.
Guardian
Damages
Invasion of Privacy
Hourly rate
40. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Questions of law
Mediation
Damages
41. Proof that the evidence is what it is said to be.
Shepardizing
Contingency Fee
Authentication
Landmark decision
42. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Holding
Questions of law
Negligence
43. 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
Model Rules of Professional Conduct
Persuasive authority
Equity
Judicial restraint
44. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Statutes of limitations
Service
Void for vagueness
Entrapment
45. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Double jeopardy
Actus rea
Motion in limine
Holding
46. 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.
Necessity
Specific performance
Case citation
Deponent
47. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
International Paralegal Management Association (IPMA) www.paralegal management.org
Products liability
Bail
Potential conflict
48. A set of standardized jury instructions.
Codification of the common law
Pattern jury instructions
Implied warranty of habitability
Minor premise
49. Representing someone who is in a position adverse to a prior client.
Successive conflict of interest
Judgment proof
False imprisonment
Stop and frisk
50. Voluntarily and knowingly subjecting oneself to danger.
Distinguishable cases
Assumption of the risk
Verdict
Plea bargaining
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