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 person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.






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






3. Evidence that suggests the defendant's innocence.






4. A person who initiates an appeal.






5. A request made to the court.






6. 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.






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






8. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.






9. A statute establishing and setting out the powers of an administrative agency.






10. A determination that an attorney may not practice law for a set period of time.






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






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






13. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.

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






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






16. Written questions sent by one side to the opposing side - answered under oath.






17. A reason for invalidating a statute where it covers both protected and criminal activity.






18. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.






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






20. An agreement supported by consideration.






21. Summary of one legal point in a court opinion; written by the editors at West.






22. When only one court has the power to hear a case.






23. 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.






24. A national paralegal association.






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






26. 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.






27. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.






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






29. 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.






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






31. A token sum awarded when liability has been found but monetary damages cannot be shown.






32. The opinion of a jury on a question of fact.






33. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance






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






35. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.






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






37. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.






38. Bad intent.






39. Voluntarily and knowingly subjecting oneself to danger.






40. Questions relating to what happened: who - what - when - where - and how.






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






42. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.






43. 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.






44. A computerized database that contains the full text of documents - such as court opinions or depositions.






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






46. Monetary compensation - including compensatory - punitive - and nominal damages.






47. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.






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






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






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