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 nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.






2. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.






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






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






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






6. A document that lists statements regarding specific items for the other party to admit or deny.






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






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






9. The tort theory that an employer can be sued for the negligent acts of its employees.






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






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






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






13. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.






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






15. The division of governmental power among the legislative - executive - and judicial branches.






16. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.






17. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.






18. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.






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






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






21. A tangible object or a right or ownership interest.






22. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.






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






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






25. A statement in a judicial opinion not necessary for the decision of the case.






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






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






28. The party in a case against whom an appeal has been filed.






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






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






31. A witness who possesses skill and knowledge beyond that of the average person.






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






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






34. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.






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






36. Law dealing with ownership.






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






38. An actual incident or condition; not a legal consequence.






39. 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.






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






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






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






43. 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.






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






45. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.






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






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






48. 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






49. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.






50. A court's prior permission for the police to search and seize.