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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. 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.






2. Law that deals with harm to society as a whole.






3. A term used to describe two cases that are almost identical - with similar facts and legal issues.






4. Broad questions that put few limits on the freedom of the respondent.






5. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.






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






7. A provision that purports to waive liability.






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






9. A national organization of paralegal programs that promotes high standards for paralegal education.






10. The failure to act reasonably under the circumstances.






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






12. 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.






13. 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.






14. A national paralegal association.






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






16. A computerized database that contains the full text of documents - such as court opinions or depositions.






17. 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.






18. Disregarding a substantial and unjustifiable risk that harm will result.






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






20. An issue that the court has never faced before.






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






22. 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






23. Simultaneously representing adverse clients.






24. Being informed of some act done or about to be done.






25. The process of finding the law.






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






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






28. The revocation of an attorney's license.






29. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.






30. Consists of the description of events that a witness testifies to under oath in a legal proceeding.






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






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






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






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






35. The division of governmental power among the legislative - executive - and judicial branches.






36. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.






37. Violation of a statute as proof of negligence






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






39. When only one court has the power to hear a case.






40. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.






41. The status of having received a certificate documenting that the person has successfully completed an educational program.






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






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






44. The rule that in order to claim self-defense there must have been no possibility of retreat.






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






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






47. 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.






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






49. The pleading that begins a lawsuit.






50. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.






Can you answer 50 questions in 15 minutes?



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