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 calendering system that records key dates and important deadlines.






2. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.






3. 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.






4. 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.






5. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.






6. An opinion in which a majority of the court joins.






7. 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.






8. Proof that the evidence is what it is said to be.






9. A national voluntary organization of lawyers.






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






11. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.






12. The process of properly identifying and authenticating evidence so that it can be introduced.






13. 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.






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






15. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.






16. 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.






17. An approach whereby the courts give a statute a broad interpretation.






18. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






19. A provision that purports to waive liability.






20. The power of government to take private property for public purposes.






21. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.






22. A law enacted by a state legislature or by Congress.






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






24. The educated ability to apply law to specific facts.






25. A defense requiring proof that the defendant would not have committed the crime but for police trickery.






26. A defense requiring proof that the defendant would not have committed the crime but for police trickery.






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






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






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






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






31. Located in most codified statutes - this table lists statutes by their popular names along with their citations.






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






33. Questions relating to what happened: who - what - when - where - and how.






34. 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.






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






36. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.






37. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.






38. Governmental publication of court opinions.






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






40. Liability without a showing of fault.






41. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.






42. Courts that determine the facts and apply the law to the facts.






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






45. Rules and regulations created by administrative agencies.






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






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






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






49. 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.






50. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.