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 constitutional protection against being tried twice for the same crime.






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






3. A trial conducted without a jury.






4. 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.






5. A witness who has not been shown to have any special expertise.






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






7. 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.






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






9. An issue that the court has never faced before.






10. Information that can be presented in a court of law as proof of some fact.






11. The result reached in a particular case.






12. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.






13. In a case brief - facts that deal with what happened to the parties before the litigation began.






14. 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.






15. 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.






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






17. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.






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






19. The power of the federal courts to hear matters of federal law.






20. 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.






21. A judicial philosophy that supports an active role for the judiciary in changing the law.






22. To perform.






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






24. An advance or down payment that is given to engage the services of an attorney.






25. A defense requiring proof that the defendant was not mentally responsible.






26. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.






27. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.






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






29. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.






30. The reference to a particular page within an opinion.






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






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






33. All property that is not real property.






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






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






36. Simultaneously representing adverse clients.






37. 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.






38. 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.






39. A court's power to hear only specialized cases.






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






41. The rule requiring that the original document be produced at trial.






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






43. 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.






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






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






46. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00






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






48. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.






49. A constitutional protection against being tried twice for the same crime.






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