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






2. Bad intent.






3. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.






4. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.






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






6. A grand jury's written accusation that a given individual has committed a crime.






7. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.






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






9. A suspicion based on specific facts; less than probable cause.






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






11. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.






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






13. The highest federal appellate court - consisting of nine appointed members.






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






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






16. 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.






17. An intentional act that creates a harmful or offensive physical contact.






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






19. Evidence that does not add any new information but that confirms facts that already have been established.






20. Law that deals with harm to an individual.






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






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






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






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






25. In a case brief - the rule of law applied to the case's specific facts.






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






27. A court opinion that establishes new law in an important area.






28. A national association of paralegal associations.






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






30. 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.






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






32. The justified use of force to protect oneself or others.






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






34. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.






35. A national voluntary organization of lawyers.






36. A reason for invalidating a statute where it covers both protected and criminal activity.






37. The power of the federal courts to hear matters of federal law.






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






39. Representing someone who is in a position adverse to a prior client.






40. A person who permits or directs another person to act on the principal's behalf.






41. A summary of a court opinion that appears at the beginning of the case.






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






43. All property that is not real property.






44. The pleading that begins a lawsuit.






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






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






47. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.






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






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






50. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.