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






2. Federal and state rules that regulate how criminal proceedings are conducted.






3. The reference to a particular page within an opinion.






4. 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.






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






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






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






8. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.






9. A method for excusing a prospective juror; no reason need be given.






10. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.






11. All property that is not real property.






12. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.






13. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.






14. An issue that the court has never faced before.






15. Evidence that is derived from an illegal search or interrogation is inadmissible.






16. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.






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






18. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.






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






20. 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.






21. When the defendant does not have sufficient money or other assets to pay the judgment.






22. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.






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






24. Law that creates rights and duties.






25. 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.






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






27. When an appellate court overturns or negates the decision of a lower court.






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






29. Liability without having to prove fault.






30. A suspicion based on specific facts; less than probable cause.






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






32. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






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






34. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.






35. When an appellate court sends a case back to the trial court for a new trial or other action.






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






37. Evidence that suggests the defendant's guilt.






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






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






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






41. A law enacted by a state legislature or by Congress.






42. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.






43. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.






44. The questioning of an opposing witness.






45. A tort committed by one who intends to do the act that creates the harm.






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






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






48. The number of hours - or parts of an hour - that can be charged to a specific client.






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






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