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 canon of construction meaning 'of the same class.:






2. 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.






3. A warrant that allows the police to enter without announcing their presence in advance.






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






5. Land and objects permanently attached to land.






6. The result reached in a particular case.






7. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.






8. Consists of records - contracts - leases - wills - and other written instruments.






9. A case listed in Shepard's that cites your case.






10. 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.






11. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






12. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.






13. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.






14. Evidence that is derived from an illegal search or interrogation is inadmissible.






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






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






17. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.






18. 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.






19. The person who is being asked questions at a deposition.






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






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






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






23. 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.






24. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.






25. A person who permits or directs another person to act on the principal's behalf.






26. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.






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






28. A computerized database that contains the full text of documents - such as court opinions or depositions.






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






30. 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).






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






32. Summary of one legal point in a court opinion; written by the editors at West.






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






34. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.






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






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






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






38. Law dealing with ownership.






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






40. Without the need for a warrant - the police may seize objects that are openly visible.






41. Evidence that suggests the defendant's innocence.






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






43. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.






44. Liability without a showing of fault.






45. A pamphlet inserted into the back of a book containing information new since the volume was published.






46. The publication of false statements that harm a person's reputation.






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






48. The power of a court to hear a particular type of case.






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






50. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.