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. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.






2. A request that the court release the defendant because of the illegality of the incarceration.






3. A document that lists statements regarding specific items for the other party to admit or deny.






4. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.






5. A court order requiring a party to perform a specific act or to cease doing a specific act.






6. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.






7. 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.






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






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






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






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






12. The publication of false statements that harm a person's reputation.






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






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






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






16. Not factually true - but accepted by the courts as being legally true.






17. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.






18. A person who permits or directs another person to act on the principal's behalf.






19. A repeat offender; one who continues to commit more crimes.






20. The educated ability to apply law to specific facts.






21. 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.






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






23. 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.






24. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.






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






26. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.






27. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.






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






29. A form in which statutes are published; they are printed individually at the time they are first enacted.






30. Bad act.






31. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.






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






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






34. 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.






35. All property that is not real property.






36. A national association of paralegal associations.






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






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






39. Evidence that suggests the defendant's innocence.






40. 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.






41. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






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






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






45. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.






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






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






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






49. Specific questions that usually demand very short or yes-no answers.






50. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne