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 claim by one defendant against another defendant or by one plaintiff against another plaintiff.






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






3. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.






4. An agreement supported by consideration.






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






6. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.






7. Generally - an emergency situation that allows a search to proceed without a warrant.






8. Bad act.






9. Governmental publication of court opinions.






10. A national association of paralegal associations.






11. The party in a lawsuit against whom an appeal has been filed.






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






13. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.

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14. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.






15. The failure to act reasonably under the circumstances.






16. A temporary transfer of personal property to someone other than the owner for a specified purpose.






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






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






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






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






21. 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.






22. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.






23. 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.






24. 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






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






26. The process of organizing statutes by subject matter.






27. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.






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






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






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. Questions relating to what happened: who - what - when - where - and how.






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






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






34. An opinion that disagrees with the majority's decision and reasoning.






35. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.






36. A national organization of paralegal programs that promotes high standards for paralegal education.






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






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






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






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






41. Specific questions that usually demand very short or yes-no answers.






42. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.






43. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.

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44. 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.






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






46. Rules and regulations created by administrative agencies.






47. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.






48. A computerized database that contains key information about the content of documents - such as medical records.






49. A separable part of a statute that must be satisfied for the statute to apply.






50. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne