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. 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.






2. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.






3. A canon of construction meaning 'of the same class.:






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






5. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.






6. A constitutional protection against being tried twice for the same crime.






7. Proof that the evidence is what it is said to be.






8. Court decisions from a higher court in the same jurisdiction.






9. The court's power to review statutes to decide whether they conform to the Constitution.






10. 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.






11. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.






12. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.






13. A request that the court order that certain information not be mentioned in the presence of the jury.






14. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00






15. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.






16. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.






17. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.






18. Simultaneously representing adverse clients.






19. Money is awarded to a plaintiff in payment for his or her actual losses.






20. The process of finding the law.






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






22. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.






23. The party in a case who has initiated an appeal.






24. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.






25. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.






26. Being informed of some act done or about to be done.






27. Disregarding a substantial and unjustifiable risk that harm will result.






28. A national organization of paralegal programs that promotes high standards for paralegal education.






29. In a complaint - one cause of action.






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






31. A calendering system that records key dates and important deadlines.






32. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.






33. Cases that involve similar facts and rules of law.






34. 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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35. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






36. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.






37. A court's prior permission for the police to search and seize.






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






39. Law dealing with ownership.






40. 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.






41. Voluntarily and knowingly subjecting oneself to danger.






42. Monetary compensation - including compensatory - punitive - and nominal damages.






43. The justified use of force to protect oneself or others.






44. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.






45. Consists of records - contracts - leases - wills - and other written instruments.






46. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.






47. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.






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






49. A special type of joint tenancy applicable only to married couples.






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