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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. In logic - a belief that justifies one in arguing a conclusion.
Contributory negligence
Syllabus
Limited jurisdiction
Assumption
2. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Challenge for cause
Persuasive authority
Product misuse
Plain view doctrine
3. Rules and regulations created by administrative agencies.
Strict liability
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Administrative law
Code
4. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Quiet enjoyment
Disbarment
Code
Case reporters
5. Also known as real estate; land and items growing on or permanently attached to that land.
Landmark decision
Real Property
Restrictive covenant
Cause of action
6. A person who initiates a lawsuit.
Cross-claim
Beyond a reasonable doubt
Strict liability
Plaintiff
7. A national association of paralegal managers.
Dissenting opinion
Regulation
Personal recognizance bond
International Paralegal Management Association (IPMA) www.paralegal management.org
8. A defense requiring proof that the defendant was not mentally responsible.
Insanity defense
Dissenting opinion
Statute of limitations
Lay witness
9. Questions relating to the interpretation or application of the law.
Contingency fee
Questions of law
Real Property
Authentication
10. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Procedural law
Canons of construction
Legal malpractice
Persuasive authority
11. Evidence that suggests the defendant's guilt.
Issue
Inculpatory evidence
Judicial restraint
Reverse
12. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Deponent
Registration
Mistrial
Challenge for cause
13. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Lay witness
12(b)(6) motion
Beyond a reasonable doubt
Actual cause
14. '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.
Exculpatory evidence
Adverse possession
Pocket part
Res ipsa loquitur
15. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Comparative negligence
U.S. Supreme Court
Lexis
Common law
16. The chronological publication of statutes at the end of a legislative session.
Primary authority
Comparative negligence
Statutes at large or session laws
Reprimand or censure
17. Bad intent.
Pleadings
Mens rea
Void for vagueness
Consideration
18. The first ten amendments to the U.S. Constitution.
Service
Bill of Rights
International Paralegal Management Association (IPMA) www.paralegal management.org
Grand jury
19. A suspicion based on specific facts; less than probable cause.
Issue
Reasonable suspicion
Diversity jurisdiction
Appellant or petitioner
20. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Invasion of Privacy
Mens rea
Negligence
21. Evidence that suggests the defendant's innocence.
Valid
Exculpatory evidence
Leading question
Remand
22. 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.
Hourly rate
Irresistible impulse test
Legal clinic
Rules of criminal procedure
23. A determination that an attorney may not practice law for a set period of time.
Suspension
Rule 56 motion (summary judgment motion)
Leading question
Regulation
24. A national organization of paralegal programs that promotes high standards for paralegal education.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Summons
Limited jurisdiction
Motion to require a finding of not guilty
25. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Expert witness
Injunction
Verification
Remedial statute
26. An opinion that disagrees with the majority's decision and reasoning.
Dissenting opinion
Peremptory challenge
Fruit of the poisonous tree doctrine
Consideration
27. When an appellate court sends a case back to the trial court for a new trial or other action.
Eminent Domain
Procedural law
Indictment
Remand
28. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Substantial capacity test
Treatment
Road Map paragraph
29. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Materiality
Actus rea
Motion to suppress
Subsequent case history
30. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Legislative intent
Conflict of interest
Court of record
Constructive
31. 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.
Exculpatory evidence
Insanity defense
Writ of certiorari
National Association of Legal Assistants (NALA) www.nala.org
32. A form in which statutes are published; they are printed individually at the time they are first enacted.
On all fours
Motion to suppress
Indictment
Slip laws
33. Violation of a statute as proof of negligence
Conflict of interest
Contingency Fee
Execute
Negligence per se
34. A statement in a judicial opinion not necessary for the decision of the case.
Comparative negligence
M'Naghten test
Intentional tort
Dictum
35. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Constitutional law
On point
Exigent circumstances
Summary jury trials
36. Disregarding a substantial and unjustifiable risk that harm will result.
Confidentiality
Recklessness
Unofficial reporter
Constructive eviction
37. The reference to a particular page within an opinion.
Unauthorized practice of law
Pinpoint cite
Verification
Statute in derogation of the common law
38. A document that lists statements regarding specific items for the other party to admit or deny.
Respondeat superior
Request for admissions
Enabling act
Compulsory joinder
39. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Potential conflict
Punitive damages
Jurisdiction
Documentary evidence
40. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Standing
Direct examination
Leading questions
41. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Rules of evidence
Slip laws
Preemption
Paralegal
42. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Duress
Assumption
Proving a case within a case
Prior case history
43. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Booking
Rules of criminal procedure
Code of Federal Regulations (C.F.R.)
Cross-claim
44. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Headnote
Exculpatory clause
Verification
45. Generally accepted legal principles.
Motion
Black-letter law
American Bar Association (ABA) www.abanet.org
Specific performance
46. The justified use of force to protect oneself or others.
Battery
Proximate cause
Self-defense
Appellate or petitioner
47. A pamphlet inserted into the back of a book containing information new since the volume was published.
Certified
Standing
Appellate or petitioner
Pocket part
48. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Legal writing
Conflict of interest
Recklessness
Personal property
49. A court order requiring a party to perform a specific act or to cease doing a specific act.
Injunction
Reverse
U.S. district courts
Exclusionary rule
50. A canon of construction meaning 'of the same class.:
Writ of execution
En banc
Ejusdem generis
Cross-examination