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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 a higher court agrees with what lower court has done.






2. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.






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






4. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.






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






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






7. 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.






8. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.






9. A claim by the defendant against the plaintiff.






10. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.






11. Law that deals with harm to a person or a person's property.






12. The first ten amendments to the U.S. Constitution.






13. A court's power to review statutes to decide if they conform to the federal or a state constitution.






14. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a






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






16. A national voluntary organization of lawyers.






17. A worldwide network of computer networks.






18. 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.






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






20. Voluntarily and knowingly subjecting oneself to danger.






21. An agreement supported by consideration.






22. The opinion of a jury on a question of fact.






23. Any tangible object - like a bloody glove.






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






25. Consists of the description of events that a witness testifies to under oath in a legal proceeding.






26. When an appellate court overturns or negates the decision of a lower court.






27. The tenant's right to be free from interference from the landlord with respect to how the property is used.






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






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






30. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.






31. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.






32. The power of government to take private property for public purposes.






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






34. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.






35. Evidence that suggests the defendant's innocence.






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






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






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






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






40. 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.






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






42. Questions that suggest the answer.






43. 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.






44. In a case brief - the general legal principle in existence before the case began.






45. Bad intent.






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






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






48. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.






49. Land and objects permanently attached to land.






50. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.







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