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 rule requiring that the original document be produced at trial.






2. The questioning of your own witness.






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






4. Bad intent.






5. A defense whereby the defendant offers new evidence to avoid judgment.






6. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.






7. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.






8. A set charge for a specific service - such as drafting a simple will.






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






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






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






12. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.






13. A book that contains court opinion headnotes arranged by subject matter.






14. 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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15. The party in a case who has initiated an appeal.






16. Federal and state rules that govern the admissibility of evidence in court.






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






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






19. 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.






20. 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.






21. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.






22. A defendant's plea meaning that the defendant neither admits nor denies the charges.






23. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.






24. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.






25. A trial conducted without a jury.






26. A court order requiring a party to perform a specific act or to cease doing a specific act.






27. A business run by two or more persons as co-owners.






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






29. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.






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






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






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






33. A public or private statement that an attorney's conduct violated the code of ethics.






34. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.






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






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






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






38. Generally accepted legal principles.






39. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance






40. 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.






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






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






43. A court's prior permission for the police to search and seize.






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






45. An issue that the court has never faced before.






46. The requirement that relief be sought from an administrative agency before proceeding to court.






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






48. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.






49. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.






50. The result reached in a particular case.