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 tort committed by one who intends to do the act that creates the harm.






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






3. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.






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






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






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






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






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






9. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.






10. A national voluntary organization of lawyers.






11. Disregarding a substantial and unjustifiable risk that harm will result.






12. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.






13. 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.






14. Violation of a statute as proof of negligence






15. A right to use property owned by another for a limited purpose.






16. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.






17. Law dealing with ownership.






18. When an appellate court overturns or negates the decision of a lower court.






19. A constitutional protection against being tried twice for the same crime.






20. Money is awarded to a plaintiff in payment for his or her actual losses.






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






22. Being informed of some act done or about to be done.






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






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






25. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.






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






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






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






29. 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.






30. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.






31. Law that deals with harm to an individual.






32. 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.






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






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






35. 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.






36. A provision in a deed that prohibits specified uses of the property.






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






38. The judge informs the jurors of the law they need to know to make their decision.






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






40. A judgment entered against a party who fails to complete a required step - such as answering the complaint.






41. A defendant's personal promise to appear in court.






42. 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.






43. The status of having received a certificate documenting that the person has successfully completed an educational program.






44. 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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45. A national organization of paralegal programs that promotes high standards for paralegal education.






46. Law that regulates how the legal system operates.






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






48. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.






49. The questioning of an opposing witness.






50. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.