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 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.






2. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.






3. When the law is applied to the client's facts and the result is not obvious - an issue is created.






4. 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.






5. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.






6. Books that contain appellate court decisions. There are both official and unofficial reporters.






7. The delivery of a pleading or other paper in a lawsuit to the opposing party.






8. When the defendant does not have sufficient money or other assets to pay the judgment.






9. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.






10. 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.






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






12. Questions that suggest the answer.






13. Cases that involve similar facts and rules of law.






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






15. The party in a case against whom an appeal has been filed.






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






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






18. 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






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






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






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






22. A request made to the court.






23. Simultaneously representing adverse clients.






24. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.






25. 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.






26. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.






27. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.






28. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.






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






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






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






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






33. A token sum awarded when liability has been found but monetary damages cannot be shown.






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






35. Consists of records - contracts - leases - wills - and other written instruments.






36. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.






37. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.






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






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






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






41. The questioning of an opposing witness.






42. 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.






43. The court's power to review statutes to decide whether they conform to the Constitution.






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






45. Occurs when the police restrain a person's freedom and charge the person with a crime.






46. To perform.






47. Violation of a statute as proof of negligence






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






49. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.






50. A special type of joint tenancy applicable only to married couples.