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 method for excusing a prospective juror; no reason need be given.






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






3. Standard used by appellate courts when reviewing a trial court's findings of fact.






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






5. A canon of construction meaning 'of the same class.:






6. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.






7. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.






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






9. 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.






10. A statute establishing and setting out the powers of an administrative agency.






11. 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.






12. A suspicion based on specific facts; less than probable cause.






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






14. A summary of one legal point in a court opinion; written by the editors at West.






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






16. Information about the law - such as that contained in encyclopedias and law review articles.






17. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.






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






19. 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.






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






21. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.






22. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.






23. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.






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






25. 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






26. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.






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






28. A set of standardized jury instructions.






29. A court's prior permission for the police to search and seize.






30. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






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






32. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.






33. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.






34. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.






35. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.






36. 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.






37. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.






38. 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.






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






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






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






42. A statute that changes the common law.






43. 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.






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






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






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






47. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.






48. Cases that involve different facts and/or rules of law.






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






50. All property that is not real property.