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. 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.






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






3. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.






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






5. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.






6. Disregarding a substantial and unjustifiable risk that harm will result.






7. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.






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






9. Information about the law - such as that contained in encyclopedias and law review articles.






10. A judicial philosophy that supports an active role for the judiciary in changing the law.






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






12. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.






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






14. 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.






15. 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.






16. Cases that involve different facts and/or rules of law.






17. In a complaint - one cause of action.






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






19. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.






20. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.






21. To perform.






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






23. 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.






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






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






26. The rule that in order to claim self-defense there must have been no possibility of retreat.






27. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.






28. Representing someone who is in a position adverse to a prior client.






29. A case listed in Shepard's that cites your case.






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






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






32. 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.






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






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






35. A request that the court order that certain information not be mentioned in the presence of the jury.






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






37. Being informed of some act done or about to be done.






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






39. Cases that involve similar facts and rules of law.






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






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






42. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.






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






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






45. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.






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






47. Occurs when the police restrain a person's freedom and charge the person with a crime.






48. The questioning of an opposing witness.






49. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.






50. A defendant's plea meaning that the defendant neither admits nor denies the charges.