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






2. A witness who has not been shown to have any special expertise.






3. A law promulgated by an administrative agency.






4. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.






5. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.






6. The new legal principle established by a court opinion.






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






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






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






10. Used to describe legislation that changes the common law.






11. A court's power to hear only specialized cases.






12. Money or something else of value that is held by the government to ensure the defendant's appearance in court.






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






14. 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.






15. '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.






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






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






18. 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.






19. 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






20. Any tangible object - like a bloody glove.






21. 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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22. A warrant that allows the police to enter without announcing their presence in advance.






23. A requirement that a party fulfill his or her contractual obligations.






24. A set charge for a specific service - such as drafting a simple will.






25. An agreement supported by consideration.






26. Information that can be presented in a court of law as proof of some fact.






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






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






29. The transfer of a case from one state court to a federal court.






30. Courts that determine the facts and apply the law to the facts.






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






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






33. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.






34. 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.






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






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






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






38. Voluntarily and knowingly subjecting oneself to danger.






39. In a case brief - the rule of law applied to the case's specific facts.






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






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






42. A person who initiates a lawsuit.






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






44. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






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






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






47. To perform.






48. Law that deals with harm to an individual.






49. 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.






50. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.