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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. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Battery
Intellectual Property
Execute
Testimonial evidence
2. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Evidence
Search engine
Challenge for cause
National Association of Legal Assistants (NALA) www.nala.org
3. A case listed in Shepard's that cites your case.
Citing case
Challenge for cause
Reasonable suspicion
Hearsay
4. 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.
Prima facie case
Actus rea
Annotated statutes
Regulation
5. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Exculpatory evidence
Tickler System
Legal fiction
Questions of fact
6. A court's prior permission for the police to search and seize.
Deposition
Subject matter jurisdiction
Warrant
Writ of execution
7. A defense whereby the defendant offers new evidence to avoid judgment.
Expert witness
Affirmative defense
Lay a foundation
Overrule
8. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Legal technician
Hearsay
Interrogatories
Appellate brief
9. Broad questions that put few limits on the freedom of the respondent.
Plea bargaining
Open Questions
Ethical wall or screen or cone of silence
Pocket part
10. The division of governmental power among the legislative - executive - and judicial branches.
Request for admissions
Separation of powers
Property law
Procedural facts
11. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Active Listening
Reversible error
Verification
Affirm
12. Indirect evidence - used to prove facts by implication.
Count
Constructive
Circumstantial evidence
Tickler System
13. A statement in a judicial opinion not necessary for the decision of the case.
On point
Concurrent jurisdiction
Structured database
Dictum
14. 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.
Pretrial conference
Active Listening
Product misuse
Motion for a new trial
15. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Attorney-client privilege
Disposition
Freelance Paralegal
Pretrial conference
16. 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.
Lay witness
Professional judgment
Implied warranty of habitability
Statutory element
17. In a case brief - facts that deal with what happened to the parties before the litigation began.
Appellate brief
Substantive facts
Lexis
Headnote
18. Specific questions that usually demand very short or yes-no answers.
Exculpatory clause
Closed Questions
Overrule
Original jurisdiction
19. 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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20. A computerized database that contains key information about the content of documents - such as medical records.
Contingency fee
Structured database
Strict construction
Summons
21. The pretrial oral questioning of a witness under oath.
Prior case history
Questions of fact
Proving a case within a case
Deposition
22. The intermediate appellate courts in the federal system.
Criminal law
Black-letter law
Client trust account
U.S. Court of Appeals
23. The highest federal appellate court - consisting of nine appointed members.
Vicarious representation
12(b)(6) motion
U.S. Supreme Court
Self-defense
24. The process of properly identifying and authenticating evidence so that it can be introduced.
Trial courts
Suspension
Lay a foundation
Valid
25. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Primary authority
Ethical wall or screen or cone of silence
Recidivist
Deductive reasoning
26. A statute establishing and setting out the powers of an administrative agency.
Liberal construction
Cross-examination
Contract
Enabling act
27. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Legislative history
Retainer
12(b)(6) motion
28. Consists of records - contracts - leases - wills - and other written instruments.
Removal
Assumption
Internet
Documentary evidence
29. Law that regulates how the legal system operates.
Stop and frisk
Procedural law
National Association of Legal Assistants (NALA) www.nala.org
Appellee or respondent
30. A calendering system that records key dates and important deadlines.
Limited jurisdiction
Tickler System
Tort law
Defamation
31. A separable part of a statute that must be satisfied for the statute to apply.
Substantive law
Overrule
Statutory element
Deponent
32. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Circumstantial evidence
Class action suit
Proving a case within a case
Canons of construction
33. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Judgment notwithstanding the verdict (judgment N.O.V.)
Stop and frisk
Legal Reasoning
Peremptory challenge
34. Written questions sent by one side to the opposing side - answered under oath.
Grand jury
Court of record
Interrogatories
Concluding paragraph
35. A warrant that allows the police to enter without announcing their presence in advance.
No-knock warrant
Statutes at large or session laws
Motion for a new trial
Procedural facts
36. The general jurisdiction trial courts in the federal system.
Preponderance of the evidence
Personal recognizance bond
U.S. district courts
Specific performance
37. A person who initiates a lawsuit.
Plaintiff
Assumption of the risk
Writ of habeas corpus
Judicial review
38. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Negligence
Practice of law
Affirmative defense
Lay a foundation
39. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Personal property
Probable cause
Tenancy by the entirety
Citation
40. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Landmark decision
Corroborative evidence
Judicial restraint
Plain meaning
41. A provision that purports to waive liability.
Exculpatory clause
Civil law
Administrative law
Pattern jury instructions
42. The rule requiring that the original document be produced at trial.
Overrule
Criminal law
Best evidence rule
Internet
43. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Legal technician
Assault
Substantial capacity test
Personal property
44. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Concurring opinion
Verification
Notice pleading
Unofficial reporter
45. A court order authorizing a sheriff to take property in order to enforce a judgment.
Competency
American Association for Paralegal Education (AAfPE) www.aafpe.org
Self-defense
Writ of execution
46. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Comparative negligence
Conflict of interest
Evidence
Dictum
47. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Judgment notwithstanding the verdict (judgment N.O.V.)
On point
Actual cause
Harmless error
48. Questions that suggest the answer.
Arbitration
Federal question jurisdiction
Leading questions
Proximate cause
49. A court opinion that establishes new law in an important area.
Res ipsa loquitur
Landmark decision
Pretrial conference
Ejusdem generis
50. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Proximate cause
Lay a foundation
Judgment proof
Search engine