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. When an appellate court that normally sits in panels sits as a whole.






2. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.






3. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.






4. A provision that purports to waive liability.






5. A trial conducted without a jury.






6. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.






7. A law enacted by a state legislature or by Congress.






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






9. 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.






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






11. A meeting of the attorneys and the judge prior to the beginning of the trial.






12. Broad questions that put few limits on the freedom of the respondent.






13. Law that regulates how the legal system operates.






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






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






16. In a case brief - facts that deal with what happened to the parties before the litigation began.






17. 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.






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






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






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






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






22. Including more than one count in a complaint; the counts do not need to be consistent.






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






24. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.






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






26. 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.






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






28. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.






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






30. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).






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






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






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






34. Voluntarily and knowingly subjecting oneself to danger.






35. 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.






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






37. A tangible object or a right or ownership interest.






38. Evidence that suggests the defendant's guilt.






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






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






41. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.






42. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.






43. The failure to act reasonably under the circumstances.






44. A request that the court release the defendant because of the illegality of the incarceration.






45. A separable part of a statute that must be satisfied for the statute to apply.






46. 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






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






48. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.






49. A national association of paralegal associations.






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