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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 form in which statutes are published; they are printed individually at the time they are first enacted.
Concluding paragraph
Federal question jurisdiction
Slip laws
Alternative dispute resolution (ADR)
2. An opinion in which a majority of the court joins.
Majority opinion
Direct examination
Indictment
Easement
3. A canon of construction meaning 'of the same class.:
Ejusdem generis
Real property
Complaint
Cross-claim
4. 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.
Alternative dispute resolution (ADR)
Writ of execution
Substantial capacity test
Lexis
5. Broad questions that put few limits on the freedom of the respondent.
Bill of Rights
Remand
Open Questions
Bailment
6. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Client trust account
Professional Corporation (PC)
Hearsay
7. A right to use property owned by another for a limited purpose.
Reverse
Easement
Client trust account
Documentary evidence
8. The process of legislative enactment of areas of the law previously governed solely by the common law.
Full-text searches
Restatement of the Law of Torts - Second
Exclusive jurisdiction
Codification of the common law
9. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Harmless error
Warrant
Proximate cause
Closed Questions
10. Evidence that suggests the defendant's innocence.
Exculpatory evidence
Valid
Court of record
Mens rea
11. Representing someone who is in a position adverse to a prior client.
Successive conflict of interest
Product misuse
Preponderance of the evidence
U.S. Court of Appeals
12. Law that regulates how the legal system operates.
Procedural law
Plain view doctrine
Corroborative evidence
Mandatory authority
13. An issue that the court has never faced before.
Statute
Negligence
Citing case
Issue of first impression
14. Rules of conduct promulgated and enforced by the government.
Laws
Pattern jury instructions
Pretrial motion
Direct examination
15. Liability without having to prove fault.
Subsequent case history
Shepardizing
Deponent
Strict liability
16. The new legal principle established by a court opinion.
Complaint
Legislative intent
12(b)(6) motion
Holding
17. 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.
Affirmative defense
Statute in derogation of the common law
Arraignment
Conflict of interest
18. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Issue
Reversible error
Annotated statutes
Broad holding
19. A court opinion that establishes new law in an important area.
Grand jury
Landmark decision
Compulsory joinder
Rules of evidence
20. Cases that involve different facts and/or rules of law.
Distinguishable cases
Tickler System
Remedial statute
Code
21. A set charge for a specific service - such as drafting a simple will.
Open Questions
Major premise
Fixed Fee
Affirm
22. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Concurrent jurisdiction
Defendant
Practice of law
Citation
23. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Trial courts
Stop and frisk
Assumption
Issue of first impression
24. 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.
Appellate brief
Broad holding
Overrule
Black-letter law
25. Written questions sent by one side to the opposing side - answered under oath.
Liberal construction
Interrogatories
Hourly rate
Retainer
26. The requirement that relief be sought from an administrative agency before proceeding to court.
Exhaustion of administrative remedies
Citing case
Analogous cases
U.S. Supreme Court
27. The judge informs the jurors of the law they need to know to make their decision.
Constructive
Open Questions
Charging the jury
Products liability
28. The pleading that begins a lawsuit.
Exigent circumstances
Separation of powers
Complaint
Execute
29. The number of hours - or parts of an hour - that can be charged to a specific client.
Strict liability
Remedial statute
Rules of criminal procedure
Billable hours
30. A set of standardized jury instructions.
Pinpoint cite
Pattern jury instructions
Void for vagueness
Canons of construction
31. 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.
Statutes of limitations
Overrule
Overbreadth
Unauthorized practice of law
32. Disregarding a substantial and unjustifiable risk that harm will result.
Recklessness
Federalism
Best evidence rule
Ejusdem generis
33. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Indictment
Road Map paragraph
Legal malpractice
Nominal damages
34. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Statutory element
Remedial statute
American Association for Paralegal Education (AAfPE) www.aafpe.org
Concurring opinion
35. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Overrule
Judicial activism
Contributory negligence
Concurring opinion
36. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Void for vagueness
Respondeat superior
U.S. Supreme Court
Miranda warnings
37. A calendering system that records key dates and important deadlines.
Irresistible impulse test
M'Naghten test
Personal property
Tickler System
38. To perform.
Personal jurisdiction
Analogous cases
Execute
Annotated statutes
39. The power of a court to hear a case.
Service
Motion to suppress
Reverse
Jurisdiction
40. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
Appellant or petitioner
Freelance Paralegal
Statutes of limitations
41. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Answer
Personal recognizance bond
Products liability
Concurrent conflict of interest
42. A computerized database that contains the full text of documents - such as court opinions or depositions.
Bench trial
Invasion of Privacy
Full-text database
Charging the jury
43. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Questions of fact
Actual cause
Contributory negligence
44. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Retainer agreement
Default judgment
Tort law
Summary jury trials
45. The process of organizing statutes by subject matter.
Codification
Negligence per se
Persuasive authority
Distinguishable cases
46. The purpose of the legislature at the time it enacted the statute.
Authentication
Legislative intent
Pocket part
Codification
47. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Federalism
U.S. Supreme Court
Legal Research
Popular name table
48. The rules whereby all members of a law firm are treated as though they had represented the former client.
Headnote
Full-text database
Vicarious representation
per curium
49. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Specific performance
Potential conflict
American Association for Paralegal Education (AAfPE) www.aafpe.org
Third-party claim
50. An opinion that agrees with the majority's result but disagrees with its reasoning.
Insanity defense
Concurring opinion
Minor premise
Res ipsa loquitur