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 term used to describe a case that is similar to another case.






2. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.






3. Land and objects permanently attached to land.






4. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.






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






6. 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.






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






8. 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.






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






10. A court's power to review statutes to decide if they conform to the federal or a state constitution.






11. '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.






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






13. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.






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






15. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.






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






17. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.






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






19. Law dealing with ownership.






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






21. 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






22. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.






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






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






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






26. The new legal principle established by a court opinion.






27. A defendant's personal promise to appear in court.






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






29. 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.






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






31. 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.






32. Consists of the description of events that a witness testifies to under oath in a legal proceeding.






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






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






35. Indirect evidence - used to prove facts by implication.






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






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






38. A person who initiates an appeal.






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






40. The questioning of your own witness.






41. An opinion that agrees with the majority's result but disagrees with the reasoning.






42. Evidence that supports previous testimony but that comes in a different form.






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






44. A judgment entered against a party who fails to complete a required step - such as answering the complaint.






45. 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.






46. 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.






47. A bank account used to hold money belonging to the client or to a third party.






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






49. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.






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