Test your basic knowledge |

Paralegal 101

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. The application of legal rules to a client's specific factual situation; also known as legal analysis.






2. A trial court error that is not sufficient to warrant reversing the decision.






3. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.






4. The power of a court to hear a case.






5. 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.






6. A statute that changes the common law.






7. A compilation of federal administrative regulations arranged by agency.






8. When an appellate court that normally sits in panels sits as a whole.






9. When a person must be brought into a lawsuit as either a plaintiff or a defendant.






10. The party in a case against whom an appeal has been filed.






11. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.






12. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.






13. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.






14. A term used to describe two cases that are almost identical - with similar facts and legal issues.






15. General principles that guide the courts in their interpretation of statutes.






16. Information about the law - such as that contained in encyclopedias and law review articles.






17. A law enacted by a state legislature or by Congress.






18. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.






19. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.






20. The power of the federal courts to hear matters of federal law.






21. A witness who has not been shown to have any special expertise.






22. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.






23. Books that contain appellate court decisions. There are both official and unofficial reporters.






24. Also known as real estate; land and items growing on or permanently attached to that land.






25. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.






26. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.






27. An approach whereby the courts give a statute a narrow interpretation.






28. Courts that determine whether lower courts have made errors of law.






29. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.






30. When an appellate court overturns or negates the decision of a lower court.






31. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.






32. A defense whereby the defendant offers new evidence to avoid judgment.






33. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.






34. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.






35. The intermediate appellate courts in the federal system.






36. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.






37. Used to describe legislation that changes the common law.






38. A grand jury's written accusation that a given individual has committed a crime.






39. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.






40. The transfer of a case from one state court to a federal court.






41. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.






42. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.






43. A person who initiates an appeal.






44. Including more than one count in a complaint; the counts do not need to be consistent.






45. A court order requiring a person to appear to testify at a trial or deposition.






46. The process of properly identifying and authenticating evidence so that it can be introduced.






47. A judgment entered against a party who fails to complete a required step - such as answering the complaint.






48. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.






49. The number of hours - or parts of an hour - that can be charged to a specific client.






50. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.