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 defense requiring proof that the defendant was not mentally responsible.






2. 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.






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






4. A request that the court prohibit the use of certain evidence at the trial.






5. A requirement that a party fulfill his or her contractual obligations.






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






7. 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.






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






9. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.






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






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






12. Bad intent.






13. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.






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






15. Violation of a statute as proof of negligence






16. 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.






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






18. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.






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






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






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






22. A judicial philosophy that supports an active role for the judiciary in changing the law.






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






24. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.






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






26. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.






27. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.






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






29. The tenant's right to be free from interference from the landlord with respect to how the property is used.






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






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






32. 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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33. 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.






34. Evidence that suggests the defendant's innocence.






35. Liability without having to prove fault.






36. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.






37. To perform.






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






39. The intermediate appellate courts in the federal system.






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






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






42. A warrant that allows the police to enter without announcing their presence in advance.






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






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






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






46. A compilation of federal administrative regulations arranged by agency.






47. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.






48. The publication of false statements that harm a person's reputation.






49. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.






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