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. An agreement supported by consideration.






2. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






3. A judgment entered against a party who fails to complete a required step - such as answering the complaint.






4. Bad act.






5. A statute that changes the common law.






6. An opinion that agrees with the majority's result but disagrees with the reasoning.






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






8. A witness who has not been shown to have any special expertise.






9. The law itself - such as statutes and court opinions.






10. A defense whereby the defendant offers new evidence to avoid judgment.






11. The new legal principle established by a court opinion.






12. Violation of a statute as proof of negligence






13. Governmental publication of court opinions.






14. A court opinion that establishes new law in an important area.






15. A tangible object or a right or ownership interest.






16. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.






17. Land and objects permanently attached to land.






18. A witness who possesses skill and knowledge beyond that of the average person.






19. 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.






20. 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.






21. An opinion in which a majority of the court joins.






22. Federal and state rules that regulate how criminal proceedings are conducted.






23. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.






24. A request that the court prohibit the use of certain evidence at the trial.






25. A decision is reversed when an appellate court overturns or negates the decision of a lower court.






26. Evidence that supports previous testimony but that comes in a different form.






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






28. Law that creates rights and duties.






29. 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.






30. 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.






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






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






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






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






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






36. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.






37. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.






38. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.






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






40. Simultaneously representing adverse clients.






41. A special type of joint tenancy applicable only to married couples.






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






43. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.






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






45. General principles that guide the courts in their interpretation of statutes.






46. The modern pretrial procedure by which one party gains information from the adverse party.






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






48. The pleading that begins a lawsuit.






49. A defense whereby the defendant offers new evidence to avoid judgment.






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