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 situation in which a conflict of interest may arise in the future--for example - representing business partners.






2. 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.






3. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.






4. The law itself - such as statutes and court opinions.






5. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a






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






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






8. A court's power to review statutes to decide if they conform to the federal or a state constitution.






9. Liability without having to prove fault.






10. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.






11. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.






12. An opinion in which a majority of the court joins.






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






14. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.






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






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






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






18. A court's prior permission for the police to search and seize.






19. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.






20. The intermediate appellate courts in the federal system.






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






22. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.






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






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






25. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.






26. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.






27. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.






28. Standard used by appellate courts when reviewing a trial court's findings of fact.






29. Evidence that suggests the defendant's innocence.






30. Any tangible object - like a bloody glove.






31. Law dealing with ownership.






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






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






34. Evidence that supports previous testimony but that comes in a different form.






35. 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.






36. The rules whereby all members of a law firm are treated as though they had represented the former client.






37. A defense whereby the defendant offers new evidence to avoid judgment.






38. A request made to the court.






39. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.






40. A constitutional protection against being tried twice for the same crime.






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






42. An intentional act that creates a harmful or offensive physical contact.






43. The power of the federal courts to hear matters of federal law.






44. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.






45. An introductory paragraph listing issues to be discussed in the order they are to be discussed.






46. When more than one court has jurisdiction to hear a case.






47. 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.






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






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






50. Generally accepted legal principles.