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






2. Federal and state rules that regulate how criminal proceedings are conducted.






3. A book that contains court opinion headnotes arranged by subject matter.






4. The failure of an attorney to act reasonably.






5. 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.






6. A computerized database that contains key information about the content of documents - such as medical records.






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






8. A court's power to hear any type of case arising within its geographical area.






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






10. Not factually true - but accepted by the courts as being legally true.






11. Any tangible object - like a bloody glove.






12. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.






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






14. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.






15. When more than one court has jurisdiction to hear a case.






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






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






18. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.






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






20. 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.






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






22. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne






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






24. An act by a landlord that makes the premises unfit or unsuitable for occupancy.






25. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.






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






27. Specific questions that usually demand very short or yes-no answers.






28. 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.






29. 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.






30. A summary of one legal point in a court opinion; written by the editors at West.






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






33. A situation in which a conflict of interest may arise in the future--for example - representing business partners.






34. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.






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






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






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






38. A repeat offender; one who continues to commit more crimes.






39. The process of legislative enactment of areas of the law previously governed solely by the common law.






40. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






41. 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.






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






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






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






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






46. 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.






47. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.






48. A national paralegal association.






49. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.

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