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. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.






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






3. A statute that changes the common law.






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






5. A national voluntary organization of lawyers.






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






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






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






9. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.






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






11. A trial court error that is not sufficient to warrant reversing the decision.






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






13. A method for excusing a prospective juror; no reason need be given.






14. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.






15. An advance or down payment that is given to engage the services of an attorney.






16. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.

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17. When an appellate court sends a case back to the trial court for a new trial or other action.






18. A person who initiates an appeal.






19. 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






20. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.






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






22. An agreement supported by consideration.






23. Questions relating to the interpretation or application of the law.






24. A court order requiring a person to appear to testify at a trial or deposition.






25. Written questions sent by one side to the opposing side - answered under oath.






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






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






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






29. 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.






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






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






32. 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.






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






34. A defense requiring proof that the defendant was not mentally responsible.






35. 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.






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






37. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.






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






39. Voluntarily and knowingly subjecting oneself to danger.






40. The power of a court to force a person to appear before it.






41. A judicial philosophy that supports an active role for the judiciary in changing the law.






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






43. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.






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






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






46. The failure of an attorney to act reasonably.






47. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.






48. In a case brief - the general legal principle in existence before the case began.






49. 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.






50. An approach whereby the courts give a statute a broad interpretation.