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






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






3. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.






4. 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.






5. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a






6. In a case brief - the general legal principle in existence before the case began.






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






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






9. A trial court error that is not sufficient to warrant reversing the decision.






10. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.






11. 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.






12. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.






13. A reason for invalidating a statute where it covers both protected and criminal activity.






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






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






16. Not factually true - but accepted by the courts as being legally true.






17. A national paralegal association.






18. 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.






19. 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.






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






21. Also known as real estate; land and items growing on or permanently attached to that land.






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






23. When the defendant does not have sufficient money or other assets to pay the judgment.






24. The process of legislative enactment of areas of the law previously governed solely by the common law.






25. A defendant's personal promise to appear in court.






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






27. 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.






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






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






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






31. The opinion of a jury on a question of fact.






32. A public or private statement that an attorney's conduct violated the code of ethics.






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






34. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.






35. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.






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






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






38. A person who initiates a lawsuit.






39. Simultaneously representing adverse clients.






40. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.






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






42. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.






43. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.






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






45. Bad act.






46. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.






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






48. Written questions sent by one side to the opposing side - answered under oath.






49. Bad intent.






50. Liability without a showing of fault.