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 request made to the court.






2. An intentional act that creates a harmful or offensive physical contact.






3. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.






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






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






6. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.






7. In a case brief - the rule of law applied to the case's specific facts.






8. Liability without having to prove fault.






9. 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






10. Money or something else of value that is held by the government to ensure the defendant's appearance in court.






11. Law dealing with ownership.






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






13. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.






14. 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.






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






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






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






18. A meeting of the attorneys and the judge prior to the beginning of the trial.






19. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






20. A court order authorizing a sheriff to take property in order to enforce a judgment.






21. Questions that suggest the answer.






22. Governmental publication of court opinions.






23. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.






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






25. 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.






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






27. A calendering system that records key dates and important deadlines.






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






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






30. 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.






31. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.






32. The questioning of an opposing witness.






33. The failure of an attorney to act reasonably.






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






35. Voluntarily and knowingly subjecting oneself to danger.






36. A court's prior permission for the police to search and seize.






37. The party in a case against whom an appeal has been filed.






38. Indirect evidence - used to prove facts by implication.






39. 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.






40. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.






41. The papers that begin a lawsuit-generally - the complaint and the answer.






42. 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.






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






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






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






46. Law that regulates how the legal system operates.






47. 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






48. The party in a case who has initiated an appeal.






49. The requirement that relief be sought from an administrative agency before proceeding to court.






50. A book that contains court opinion headnotes arranged by subject matter.