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






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






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






5. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.






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






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






8. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.






9. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.






10. Being informed of some act done or about to be done.






11. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.






12. An approach whereby the courts give a statute a narrow interpretation.






13. When an appellate court that normally sits in panels sits as a whole.






14. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.






15. Governmental publication of court opinions.






16. A token sum awarded when liability has been found but monetary damages cannot be shown.






17. The law itself - such as statutes and court opinions.






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






19. Evidence that does not add any new information but that confirms facts that already have been established.






20. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.






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






22. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.






23. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.






24. Someone who has the power to act in the place of another.






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






26. The modern pretrial procedure by which one party gains information from the adverse party.






27. The revocation of an attorney's license.






28. Books that contain appellate court decisions. There are both official and unofficial reporters.






29. 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.






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






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






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






33. Questions that suggest the answer.






34. The chronological publication of statutes at the end of a legislative session.






35. Bad intent.






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






37. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.






38. A worldwide network of computer networks.






39. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.






40. Money is awarded to a plaintiff in payment for his or her actual losses.






41. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.






42. 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.






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






44. A bank account used to hold money belonging to the client or to a third party.






45. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.






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






47. Cases that involve similar facts and rules of law.






48. An introductory paragraph listing issues to be discussed in the order they are to be discussed.






49. When the law is applied to the client's facts and the result is not obvious - an issue is created.






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