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. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






2. 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.






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






4. 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.






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






7. Voluntarily and knowingly subjecting oneself to danger.






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






9. Including more than one count in a complaint; the counts do not need to be consistent.






10. Evidence that suggests the defendant's innocence.






11. A statute that changes the common law.






12. A business run by two or more persons as co-owners.






13. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.






14. Monetary compensation - including compensatory - punitive - and nominal damages.






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






16. A court order requiring a party to perform a specific act or to cease doing a specific act.






17. Information that can be presented in a court of law as proof of some fact.






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






19. The justified use of force to protect oneself or others.






20. 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.






21. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.






22. A national paralegal association.






23. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance






24. Questions that suggest the answer.






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






26. Voluntarily and knowingly subjecting oneself to danger.






27. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.






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






29. The questioning of an opposing witness.






30. A person who permits or directs another person to act on the principal's behalf.






31. 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.






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






33. 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.






34. A canon of construction meaning 'of the same class.:






35. Law that deals with harm to an individual.






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






37. A national association of paralegal associations.






38. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.






39. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.






40. 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.






41. The pleading that begins a lawsuit.






42. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.






43. The intermediate appellate courts in the federal system.






44. 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.






45. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.






46. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.






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






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






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






50. Court decisions from a higher court in the same jurisdiction.