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. Violation of a statute as proof of negligence






2. In a complaint - one cause of action.






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






4. A tort committed by one who intends to do the act that creates the harm.






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






6. 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






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






8. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.






9. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.






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






11. Evidence that suggests the defendant's innocence.






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






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






14. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.






15. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.






16. Also known as real estate; land and items growing on or permanently attached to that land.






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






18. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information






19. The new legal principle established by a court opinion.






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






21. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.






22. The power of a court to hear a case.






23. Voluntarily and knowingly subjecting oneself to danger.






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






25. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.






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






27. The rule that in order to claim self-defense there must have been no possibility of retreat.






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






29. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.






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






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






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






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






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






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






36. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.






37. Establishes a direct link to the event that must be proven.






38. Federal and state rules that govern the admissibility of evidence in court.






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






40. 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.






41. Law that deals with harm to society as a whole.






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






43. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.






44. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.






45. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.






46. 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.






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






48. Proof that the evidence is what it is said to be.






49. Land and objects permanently attached to land.






50. A form in which statutes are published; they are printed individually at the time they are first enacted.