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






2. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.






3. The questioning of an opposing witness.






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






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






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






7. Violation of a statute as proof of negligence






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






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






10. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.






11. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.






12. The delivery of a pleading or other paper in a lawsuit to the opposing party.






13. A national paralegal association.






14. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.






15. 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).






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






17. Land and objects permanently attached to land.






18. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.






19. A decision is reversed when an appellate court overturns or negates the decision of a lower court.






20. Evidence that suggests the defendant's innocence.






21. Something of value exchanged to form the basis of a contract.






22. The pleading that begins a lawsuit.






23. Liability without having to prove fault.






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






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






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






27. A person who initiates a lawsuit.






28. A request made to the court.






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






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






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






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






33. A claim by the defendant against the plaintiff.






34. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.






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






36. When a higher court agrees with what lower court has done.






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






38. 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.






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






40. 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.






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






42. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.






43. A defense requiring proof that the defendant would not have committed the crime but for police trickery.






44. A national association of paralegal managers.






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






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






47. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.






48. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.






49. A set of standardized jury instructions.






50. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.