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 rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.






2. 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.






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






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






5. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.






6. 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).






7. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.






8. 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.






9. 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.






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






11. A trial conducted without a jury.






12. In a case brief - facts that deal with what happened to the parties before the litigation began.






13. A defendant's plea meaning that the defendant neither admits nor denies the charges.






14. A national association of paralegal managers.






15. 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.






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






17. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.






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






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






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






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






22. Representing someone who is in a position adverse to a prior client.






23. A compilation of federal administrative regulations arranged by agency.






24. 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.






25. The pleading that begins a lawsuit.






26. 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.






27. Courts that determine the facts and apply the law to the facts.






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






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






30. A fee calculated as a percentage of the settlement or award in the case.






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






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






33. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.






34. 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.






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






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






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






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






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






40. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.






41. The result reached in a particular case.






42. The tort theory that an employer can be sued for the negligent acts of its employees.






43. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.






44. 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.






45. A claim by the defendant against the plaintiff.






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






47. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.






48. The application of legal rules to a client's specific factual situation; also known as legal analysis.






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






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