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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. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Hypertext links
Actual cause
Constructive eviction
Billable hours
2. The judge informs the jurors of the law they need to know to make their decision.
Liberal construction
Unofficial reporter
Charging the jury
Loislaw
3. 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
Reverse
Power of judicial review
Persuasive authority
4. 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.
Proximate cause
Deponent
Writ of execution
Dismissal with prejudice
5. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Clearly erroneous
Unofficial reporter
Judgment
Cross-examination
6. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Westlaw
Trial courts
Judicial restraint
Judgment notwithstanding the verdict (judgment N.O.V.)
7. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Execute
Beyond a reasonable doubt
Materiality
Lay advocate
8. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Invasion of Privacy
Exclusionary rule
Verdict
Registration
9. A reason for invalidating a statute where it covers both protected and criminal activity.
Damages
Issue
Overbreadth
Reprimand or censure
10. A set of standardized jury instructions.
Compensatory damages
Pattern jury instructions
Relevancy
Holding
11. Money is awarded to a plaintiff in payment for his or her actual losses.
National Association of Legal Assistants (NALA) www.nala.org
U.S. district courts
Preemption
Compensatory damages
12. The court's power to review statutes to decide whether they conform to the Constitution.
Motion to suppress
Contract
Judicial review
Plea bargaining
13. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Overrule
Remedial statute
Appellant or petitioner
Holding
14. When only one court has the power to hear a case.
Appellant or petitioner
Dissenting opinion
Exclusive jurisdiction
Loislaw
15. The number of hours - or parts of an hour - that can be charged to a specific client.
Billable hours
12(b)(6) motion
Loislaw
Codification
16. Not factually true - but accepted by the courts as being legally true.
Constructive
Best evidence rule
Corroborative evidence
Partnership
17. 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
Discovery
Principle
Pattern jury instructions
18. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Lay witness
Corroborative evidence
Defendant
Substantial capacity test
19. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Leading question
Hypertext links
Authentication
Attorney-client privilege
20. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Cross-examination
Suspension
Reverse
21. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Subsequent case history
Administrative law
Successive conflict of interest
Challenge for cause
22. A defendant's personal promise to appear in court.
Corroborative evidence
Assumption of the risk
Personal recognizance bond
Plain view doctrine
23. A form in which statutes are published; they are printed individually at the time they are first enacted.
Caption
Slip laws
Digest
Attorney-client privilege
24. A method for excusing a prospective juror; no reason need be given.
Intellectual Property
Peremptory challenge
Proximate cause
Constructive
25. A grand jury's written accusation that a given individual has committed a crime.
Judicial activism
Indictment
Appellate or petitioner
Summary jury trials
26. The revocation of an attorney's license.
Code
Criminal law
Disbarment
American Association for Paralegal Education (AAfPE) www.aafpe.org
27. Standard used by appellate courts when reviewing a trial court's findings of fact.
Caption
Clearly erroneous
Charging the jury
Concurring opinion
28. A national association of paralegal associations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Retreat exception
Partnership
Miranda warnings
29. A determination that an attorney may not practice law for a set period of time.
Suspension
Overbreadth
Dictum
Rule 56 motion (summary judgment motion)
30. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Plain view doctrine
Issue
Cross-examination
31. A special type of joint tenancy applicable only to married couples.
Internet
Judicial activism
Counterclaim
Tenancy by the entirety
32. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Lay witness
Beyond a reasonable doubt
Statutes of limitations
Retainer agreement
33. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Consideration
Narrow Holding
Exhaustion of administrative remedies
34. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Fixed Fee
Case citation
Verification
Ethical wall or screen or cone of silence
35. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Statute of limitations
Appellate courts
Registration
36. A separable part of a statute that must be satisfied for the statute to apply.
Inculpatory evidence
Subject matter jurisdiction
Shepardizing
Statutory element
37. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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38. In a complaint - one cause of action.
Count
Shepardizing
Contingency fee
Contributory negligence
39. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Full-text database
Code
Preponderance of the evidence
40. A national paralegal association.
Real property
Citation
National Association of Legal Assistants (NALA) www.nala.org
Affirmative defense
41. A token sum awarded when liability has been found but monetary damages cannot be shown.
Internet
Professional judgment
Road Map paragraph
Nominal damages
42. An opinion that disagrees with the majority's decision and its reasoning.
Dissenting opinion
Materiality
Testimonial evidence
Attorney-client privilege
43. A public or private statement that an attorney's conduct violated the code of ethics.
Questions of law
Reprimand or censure
Mediation
Pleading in the alternative
44. 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.
Codification of the common law
Guardian
Active Listening
Legal fiction
45. The modern pretrial procedure by which one party gains information from the adverse party.
Implied warranty of habitability
Headnote
Discovery
Administrative law
46. 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.
Transition
Minimum contacts
Affirm
Lexis
47. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Issue
Trial courts
Booking
Billable hours
48. 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.
Product misuse
Statutes at large or session laws
Paralegal
Case reporters
49. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Notice pleading
Overrule
Adverse possession
50. The pleading that begins a lawsuit.
Real Property
Removal
Complaint
Reprimand or censure