Duke Essentials for Paralegals Cumulative
Final Exam Rate A
Which of the following is a pleading? - ANSWER-*cross claim*
interrogatories
depositions
all of the above are pleadings
Research is generally about: - ANSWER-Finding law
True or false? A paralegal may give limited legal advice. - ANSWER-False
Which of the following would be a good resource when drafting a complaint? -
ANSWER-Am. Jur. Proof of Facts
Which of the following is a form of online legal research? - ANSWER-Westlaw, Lexis
When researching online, research systems are generally organized by: - ANSWER-
True or False? A paralegal may draft legal documents under the supervision of an
attorney. - ANSWER-True
When conducting online legal research, prior to entering a search query, a
researcher must choose: - ANSWER-
Special treatments added to the end of a word in online research to broaden
potential results are called: - ANSWER-expanders or extenders
A dissenting opinion: - ANSWER-should generally not be quoted
Which of the following contain the federal statutes? - ANSWER-U.S.C., U.S.C.A.,
and U.S.C.S.
Which of the following is not a form book? - ANSWER-A.L.R
True or False? Synthesizing authority involves multiple legal authorities being
analyzed in a single analysis. - ANSWER-True
Which of the following is not form of online validation? - ANSWER-Vericite
This is a valid reason to sue: - ANSWER-a cause of action
The collection of words and phrases used when conducting online legal research is
,called a: - ANSWER-Query
Which of the following statements is accurate? - ANSWER-There are multiple sets of
Restatements covering different areas of law
When researching in a set of research books for the first time, a good place to start
is: - ANSWER-The index
True or False? Digests act as an index to statutes. - ANSWER-False
When creating online search queries, "/s" means: - ANSWER-the two terms
surrounding that indicator may be found in the same sentence
When creating online search queries, the word "and" means: - ANSWER-
When creating online search queries, the indicator "/p" means: - ANSWER-
When creating online search queries, the indicator "w/15" means: - ANSWER-Within
15 words
An indicator that informs the research system (such as Westlaw or Lexis) what
relationship two words should have to each other is called a: - ANSWER-proximity
locator
Restatements are a: - ANSWER-legal treatise
Restatements would likely be considered: - ANSWER-
How are Restatements updated? - ANSWER-
What are the three branches of the government? - ANSWER-Judicial, legislative and
executive
What are the three branches functions? - ANSWER-Judicial: interpret laws
Legislative: create the laws
Executive: enforce law
Name three courts in the federal judicial system: - ANSWER-The United States
Supreme Court
The United States Court of Appeals
The United States District Court
A statement that is sworn under oath. - ANSWER-An affidavit
What is eminent domain? - ANSWER-The right the government possess to take
private property for public usage when the public interest is at stake. However, just
compensation is supposed to be paid.
, What is the difference between a plea bargain and a settlement? - ANSWER-A plea
bargain is done in criminal court and a settlement is done in civil court
This is when a party does not plead guilty or innocent but instead does not contest
the charges - ANSWER-Nolo Contendere, aka no contest
The collection of the documents, testimony and exhibits from the trial. - ANSWER-
The record
This kind of law involves harm to an individual - ANSWER-Civil law
This kind of law involves harm to the community - ANSWER-Criminal law
This court has a judge, jury and is where evidence is presented - ANSWER-Trial
court
Name and define three forms of jurisdiction - ANSWER-In personam: Jurisdiction
over the person.
In rem: Jurisdiction over the controversy, which is often property
Quasi in rem: Jurisdiction over property when the property is not the controversy
This is when a federal court has jurisdiction over a case that is normally a state
matter, due to the fact that the parties are from different jurisdictions and the
amount is more than $75,000. - ANSWER-Diversity of Citizenship
Define a prima facie case - ANSWER-If all the things claimed are proven true at
trial, the plaintiff would deserve damages.
What is the burden of proof in a civil case? - ANSWER-preponderance of the
evidence
What is the burden of proof in a criminal case? - ANSWER-Beyond a reasonable
doubt
A reasonable basis to believe a crime has been committed. - ANSWER-probable
cause
The point at which an event begins, ending in an event with damages occurring. -
ANSWER-Proximate cause
What are the two ways jurors on a jury panel can be challenged? - ANSWER-
Challenge for cause and peremptory challenge
Define a judgment - ANSWER-the determination of a judge, usually following a trial.
Define a default judgment - ANSWER-the determination of a judge, following a non-
appearance or response to a lawsuit
Final Exam Rate A
Which of the following is a pleading? - ANSWER-*cross claim*
interrogatories
depositions
all of the above are pleadings
Research is generally about: - ANSWER-Finding law
True or false? A paralegal may give limited legal advice. - ANSWER-False
Which of the following would be a good resource when drafting a complaint? -
ANSWER-Am. Jur. Proof of Facts
Which of the following is a form of online legal research? - ANSWER-Westlaw, Lexis
When researching online, research systems are generally organized by: - ANSWER-
True or False? A paralegal may draft legal documents under the supervision of an
attorney. - ANSWER-True
When conducting online legal research, prior to entering a search query, a
researcher must choose: - ANSWER-
Special treatments added to the end of a word in online research to broaden
potential results are called: - ANSWER-expanders or extenders
A dissenting opinion: - ANSWER-should generally not be quoted
Which of the following contain the federal statutes? - ANSWER-U.S.C., U.S.C.A.,
and U.S.C.S.
Which of the following is not a form book? - ANSWER-A.L.R
True or False? Synthesizing authority involves multiple legal authorities being
analyzed in a single analysis. - ANSWER-True
Which of the following is not form of online validation? - ANSWER-Vericite
This is a valid reason to sue: - ANSWER-a cause of action
The collection of words and phrases used when conducting online legal research is
,called a: - ANSWER-Query
Which of the following statements is accurate? - ANSWER-There are multiple sets of
Restatements covering different areas of law
When researching in a set of research books for the first time, a good place to start
is: - ANSWER-The index
True or False? Digests act as an index to statutes. - ANSWER-False
When creating online search queries, "/s" means: - ANSWER-the two terms
surrounding that indicator may be found in the same sentence
When creating online search queries, the word "and" means: - ANSWER-
When creating online search queries, the indicator "/p" means: - ANSWER-
When creating online search queries, the indicator "w/15" means: - ANSWER-Within
15 words
An indicator that informs the research system (such as Westlaw or Lexis) what
relationship two words should have to each other is called a: - ANSWER-proximity
locator
Restatements are a: - ANSWER-legal treatise
Restatements would likely be considered: - ANSWER-
How are Restatements updated? - ANSWER-
What are the three branches of the government? - ANSWER-Judicial, legislative and
executive
What are the three branches functions? - ANSWER-Judicial: interpret laws
Legislative: create the laws
Executive: enforce law
Name three courts in the federal judicial system: - ANSWER-The United States
Supreme Court
The United States Court of Appeals
The United States District Court
A statement that is sworn under oath. - ANSWER-An affidavit
What is eminent domain? - ANSWER-The right the government possess to take
private property for public usage when the public interest is at stake. However, just
compensation is supposed to be paid.
, What is the difference between a plea bargain and a settlement? - ANSWER-A plea
bargain is done in criminal court and a settlement is done in civil court
This is when a party does not plead guilty or innocent but instead does not contest
the charges - ANSWER-Nolo Contendere, aka no contest
The collection of the documents, testimony and exhibits from the trial. - ANSWER-
The record
This kind of law involves harm to an individual - ANSWER-Civil law
This kind of law involves harm to the community - ANSWER-Criminal law
This court has a judge, jury and is where evidence is presented - ANSWER-Trial
court
Name and define three forms of jurisdiction - ANSWER-In personam: Jurisdiction
over the person.
In rem: Jurisdiction over the controversy, which is often property
Quasi in rem: Jurisdiction over property when the property is not the controversy
This is when a federal court has jurisdiction over a case that is normally a state
matter, due to the fact that the parties are from different jurisdictions and the
amount is more than $75,000. - ANSWER-Diversity of Citizenship
Define a prima facie case - ANSWER-If all the things claimed are proven true at
trial, the plaintiff would deserve damages.
What is the burden of proof in a civil case? - ANSWER-preponderance of the
evidence
What is the burden of proof in a criminal case? - ANSWER-Beyond a reasonable
doubt
A reasonable basis to believe a crime has been committed. - ANSWER-probable
cause
The point at which an event begins, ending in an event with damages occurring. -
ANSWER-Proximate cause
What are the two ways jurors on a jury panel can be challenged? - ANSWER-
Challenge for cause and peremptory challenge
Define a judgment - ANSWER-the determination of a judge, usually following a trial.
Define a default judgment - ANSWER-the determination of a judge, following a non-
appearance or response to a lawsuit
