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 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.






2. The chronological publication of statutes at the end of a legislative session.






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






4. The process of legislative enactment of areas of the law previously governed solely by the common law.






5. 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.






6. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.






7. 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.






8. A statute establishing and setting out the powers of an administrative agency.






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






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






11. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.






12. Liability without having to prove fault.






13. A person who initiates a lawsuit.






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






15. Evidence that supports previous testimony but that comes in a different form.






16. A case listed in Shepard's that cites your case.






17. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.






18. Summary of one legal point in a court opinion; written by the editors at West.






19. 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.






20. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.






21. An opinion in which a majority of the court joins.






22. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.






23. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.






24. 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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25. 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.






26. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.






27. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.






28. 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.






29. 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.






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






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






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.






33. 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).






34. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.






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






36. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.






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






38. An opinion that agrees with the majority's result but disagrees with its reasoning.






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






40. The judge informs the jurors of the law they need to know to make their decision.






41. An opinion that agrees with the majority's result but disagrees with the reasoning.






42. Standard used by appellate courts when reviewing a trial court's findings of fact.






43. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.






44. A defense requiring proof that the defendant was not mentally responsible.






45. Questions that suggest the answer.






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






47. 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.






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






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






50. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.