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 trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.






2. Land and objects permanently attached to land.






3. Violation of a statute as proof of negligence






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






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






6. 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.






7. The failure to act reasonably under the circumstances.






8. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.






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






10. 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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11. An issue that the court has never faced before.






12. The papers that begin a lawsuit-generally - the complaint and the answer.






13. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.






14. 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.






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






16. 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.






17. 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.






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






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






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






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






22. All property that is not real property.






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






24. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.






25. 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.






26. The final paragraph in a written legal analysis that summarizes the writer's conclusions.






27. Governmental publication of court opinions.






28. 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.






29. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.






30. A worldwide network of computer networks.






31. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.






32. A defendant's plea meaning that the defendant neither admits nor denies the charges.






33. 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.






34. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.






35. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.






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






37. 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






38. 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.






39. 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.






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






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






42. 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.






43. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.






44. A court's power to hear any type of case arising within its geographical area.






45. A request made to the court.






46. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.






47. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.






48. A computerized database that contains key information about the content of documents - such as medical records.






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






50. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.