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. In logic - a belief that justifies one in arguing a conclusion.






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






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






4. A temporary transfer of personal property to someone other than the owner for a specified purpose.






5. The failure to act reasonably under the circumstances.






6. 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






7. Violation of a statute as proof of negligence






8. 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.






9. A canon of construction meaning 'of the same class.:






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






11. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.






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






13. 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.






14. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.






15. 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.






16. A defense requiring proof that the defendant was not mentally responsible.






17. The failure of an attorney to act reasonably.






18. A special type of joint tenancy applicable only to married couples.






19. 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.






20. 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.






21. The party in a case who has initiated an appeal.






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






23. Court decisions from a higher court in the same jurisdiction.






24. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.






25. 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.






26. Books that contain appellate court decisions. There are both official and unofficial reporters.






27. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.






28. Something of value exchanged to form the basis of a contract.






29. 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.






30. A trial court error that is not sufficient to warrant reversing the decision.






31. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.






32. The purpose of the legislature at the time it enacted the statute.






33. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.






34. Without the need for a warrant - the police may seize objects that are openly visible.






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






36. 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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37. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.






38. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.






39. A meeting of the attorneys and the judge prior to the beginning of the trial.






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






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






42. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).






43. The delivery of a pleading or other paper in a lawsuit to the opposing party.






44. Located in most codified statutes - this table lists statutes by their popular names along with their citations.






45. A national paralegal association.






46. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.






47. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.






48. A defense requiring proof that the defendant would not have committed the crime but for police trickery.






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






50. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.