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. Any tangible object - like a bloody glove.






2. A method for excusing a prospective juror; no reason need be given.






3. Liability without a showing of fault.






4. Someone who has the power to act in the place of another.






5. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.






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






7. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.






8. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.






9. Occurs when the police restrain a person's freedom and charge the person with a crime.






10. A law promulgated by an administrative agency.






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






12. 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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13. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.






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






15. A national association of paralegal associations.






16. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.






17. The revocation of an attorney's license.






18. Used to describe legislation that changes the common law.






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






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






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






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






23. A term used to describe a case that is similar to another case.






24. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.






25. 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.






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






27. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.






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






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






30. 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.






31. A person who initiates an appeal.






32. The questioning of your own witness.






33. A grand jury's written accusation that a given individual has committed a crime.






34. 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.






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






36. 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.






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






38. The final paragraph in a written legal analysis that summarizes the writer's conclusions.






39. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.






40. The educated ability to apply law to specific facts.






41. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.






42. 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.






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






44. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.






45. The intermediate appellate courts in the federal system.






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






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






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






49. 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.






50. A determination that an attorney may not practice law for a set period of time.