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 defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.






2. 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.






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






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






5. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.






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






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






8. The power of a court to force a person to appear before it.






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






10. The rules whereby all members of a law firm are treated as though they had represented the former client.






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






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






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






14. A claim by the defendant against the plaintiff.






15. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.






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






17. Liability without having to prove fault.






18. Without the need for a warrant - the police may seize objects that are openly visible.






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






20. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.






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






22. 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.






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






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






25. A national association of paralegal associations.






26. The application of legal rules to a client's specific factual situation; also known as legal analysis.






27. The process of organizing statutes by subject matter.






28. A person who initiates a lawsuit.






29. The educated ability to apply law to specific facts.






30. 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.






31. An approach whereby the courts give a statute a broad interpretation.






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






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






34. '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.






35. 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.






36. 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.






37. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.






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






39. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.






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






41. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.






42. A document that lists statements regarding specific items for the other party to admit or deny.






43. A term used to describe a case that is similar to another case.






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






45. Rules and regulations created by administrative agencies.






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






47. 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.






48. In a complaint - one cause of action.






49. Monetary compensation - including compensatory - punitive - and nominal damages.






50. 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.