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






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






3. 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.






4. All property that is not real property.






5. Proof that the evidence is what it is said to be.






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






7. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.






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






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






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






11. 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.






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






13. When a person must be brought into a lawsuit as either a plaintiff or a defendant.






14. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.






15. 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.






16. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.






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






18. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.






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






20. 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.






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 criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.






23. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.






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






25. Someone who has the power to act in the place of another.






26. Simultaneously representing adverse clients.






27. 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.






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






29. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.






30. 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.






31. Courts that determine whether lower courts have made errors of law.






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






33. The party in a lawsuit against whom an appeal has been filed.






34. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.






35. 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.






36. Generally - an emergency situation that allows a search to proceed without a warrant.






37. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.






38. '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.






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






40. Questions that suggest the answer.






41. 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.






42. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.






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






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






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






46. A business run by two or more persons as co-owners.






47. 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






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






49. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.






50. Bad intent.