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. Evidence that suggests the defendant's guilt.






2. A token sum awarded when liability has been found but monetary damages cannot be shown.






3. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.






4. A tangible object or a right or ownership interest.






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






6. Rules of conduct promulgated and enforced by the government.






7. 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.






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






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






10. 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.






11. 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






12. In a complaint - one cause of action.






13. In a case brief - the general legal principle in existence before the case began.






14. 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.






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






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






17. Liability without a showing of fault.






18. When only one court has the power to hear a case.






19. In a case brief - the rule of law applied to the case's specific facts.






20. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.






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






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






23. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.






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






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






26. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.






27. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.






28. All property that is not real property.






29. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.






30. Law dealing with ownership.






31. The failure of an attorney to act reasonably.






32. A temporary transfer of personal property to someone other than the owner for a specified purpose.






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






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






35. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.






36. An opinion that disagrees with the majority's decision and its reasoning.






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






38. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.

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39. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.






40. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.






41. Law that deals with harm to society as a whole.






42. A worldwide network of computer networks.






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






44. A book that contains court opinion headnotes arranged by subject matter.






45. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.






46. The division of governmental power among the legislative - executive - and judicial branches.






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






48. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.






49. A court order authorizing a sheriff to take property in order to enforce a judgment.






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