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. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.






2. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.






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






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






5. A meeting of the attorneys and the judge prior to the beginning of the trial.






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






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






8. A defense requiring proof that the defendant would not have committed the crime but for police trickery.






9. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.






10. A set of standardized jury instructions.






11. 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.






12. The failure to act reasonably under the circumstances.






13. The questioning of your own witness.






14. Also known as real estate; land and items growing on or permanently attached to that land.






15. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.






16. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.






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






18. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.






19. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.






20. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.






21. A statement in a judicial opinion not necessary for the decision of the case.






22. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.






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






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






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






26. Law that deals with harm to a person or a person's property.






27. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.






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






29. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.






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






31. 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.






32. When a higher court agrees with what lower court has done.






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






34. 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.






35. A decision is reversed when an appellate court overturns or negates the decision of a lower court.






36. 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.






37. 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.






38. 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.






39. 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.






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






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






42. A national association of paralegal associations.






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






44. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.






45. 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.






46. 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.






47. A bank account used to hold money belonging to the client or to a third party.






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






49. The modern pretrial procedure by which one party gains information from the adverse party.






50. A provision in a deed that prohibits specified uses of the property.