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






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






3. 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.






4. Rules and regulations created by administrative agencies.






5. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.






6. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.






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






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






9. The revocation of an attorney's license.






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






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






12. Bad act.






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






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






15. Court decisions from a higher court in the same jurisdiction.






16. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.






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






18. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






19. Located in most codified statutes - this table lists statutes by their popular names along with their citations.






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






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






22. A temporary transfer of personal property to someone other than the owner for a specified purpose.






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






24. 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.






25. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.






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






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






28. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.






29. 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.






30. 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.






31. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.






32. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.






33. 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






34. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.






35. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.






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






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






38. The final paragraph in a written legal analysis that summarizes the writer's conclusions.






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






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






41. Rules of conduct promulgated and enforced by the government.






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






43. 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).






44. A compilation of federal administrative regulations arranged by agency.






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






46. 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.






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






48. The number of hours - or parts of an hour - that can be charged to a specific client.






49. The pretrial oral questioning of a witness under oath.






50. Any tangible object - like a bloody glove.