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. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.






2. Questions relating to the interpretation or application of the law.






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






4. The chronological publication of statutes at the end of a legislative session.






5. Courts that determine whether lower courts have made errors of law.






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






7. A national association of paralegal managers.






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






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






10. An advance or down payment that is given to engage the services of an attorney.






11. Rules of conduct promulgated and enforced by the government.






12. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.






13. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.






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






15. A court order requiring a person to appear to testify at a trial or deposition.






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






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






18. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.






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






20. Land and objects permanently attached to land.






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






22. Including more than one count in a complaint; the counts do not need to be consistent.






23. Law dealing with ownership.






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






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






26. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.






27. When the law is applied to the client's facts and the result is not obvious - an issue is created.






28. All property that is not real property.






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






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






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






32. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.






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






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






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






36. When an appellate court that normally sits in panels sits as a whole.






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






38. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.






39. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.






40. 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.






41. The failure to act reasonably under the circumstances.






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






43. A fee calculated as a percentage of the settlement or award in the case.






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






45. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.






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






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






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






49. The person who is being asked questions at a deposition.






50. To perform.