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. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.






2. The opinion of a jury on a question of fact.






3. A fee calculated as a percentage of the settlement or award in the case.






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






5. A term used to describe a case that is similar to another case.






6. An agreement supported by consideration.






7. The new legal principle established by a court opinion.






8. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.






9. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.






10. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.






11. 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.






12. A statute that changes the common law.






13. 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.






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






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






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






17. The general jurisdiction trial courts in the federal system.






18. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.






19. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.






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






21. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.






22. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a






23. 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.






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






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






26. Broad questions that put few limits on the freedom of the respondent.






27. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.






28. Liability without a showing of fault.






29. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.






30. A defendant's plea meaning that the defendant neither admits nor denies the charges.






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






32. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).






33. A computerized database that contains the full text of documents - such as court opinions or depositions.






34. An approach whereby the courts give a statute a broad interpretation.






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






36. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.






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






38. 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.






39. A reason for invalidating a statute where it covers both protected and criminal activity.






40. A judicial philosophy that supports an active role for the judiciary in changing the law.






41. In logic - a belief that justifies one in arguing a conclusion.






42. 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






43. A separable part of a statute that must be satisfied for the statute to apply.






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






45. 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.






46. An act by a landlord that makes the premises unfit or unsuitable for occupancy.






47. The power of government to take private property for public purposes.






48. To perform.






49. A public or private statement that an attorney's conduct violated the code of ethics.






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