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. An opinion in which a majority of the court joins.






2. An introductory paragraph listing issues to be discussed in the order they are to be discussed.






3. A decision is reversed when an appellate court overturns or negates the decision of a lower court.






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






5. A court order authorizing a sheriff to take property in order to enforce a judgment.






6. When more than one court has jurisdiction to hear a case.






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






8. Something of value exchanged to form the basis of a contract.






9. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.






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






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






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






13. 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.






14. General principles that guide the courts in their interpretation of statutes.






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






16. 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.






17. 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






18. The rule requiring that the original document be produced at trial.






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






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






21. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.






22. Courts that determine whether lower courts have made errors of law.






23. A statute that changes the common law.






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






25. A computerized database that contains the full text of documents - such as court opinions or depositions.






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






27. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






28. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.






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






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






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






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






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






34. The general jurisdiction trial courts in the federal system.






35. In logic - a belief that justifies one in arguing a conclusion.






36. An actual incident or condition; not a legal consequence.






37. The purpose of the legislature at the time it enacted the statute.






38. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.






39. Specific questions that usually demand very short or yes-no answers.






40. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.






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






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






43. All property that is not real property.






44. An opinion that disagrees with the majority's decision and reasoning.






45. 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.






46. A trial court error that is not sufficient to warrant reversing the decision.






47. The party in a case who has initiated an appeal.






48. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.






49. Voluntarily and knowingly subjecting oneself to danger.






50. Evidence that supports previous testimony but that comes in a different form.