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






2. A case listed in Shepard's that cites your case.






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






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






5. An introductory paragraph listing issues to be discussed in the order they are to be discussed.






6. '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.






7. 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.






8. The rules whereby all members of a law firm are treated as though they had represented the former client.






9. The power of government to take private property for public purposes.






10. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.






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






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






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






14. Courts that determine whether lower courts have made errors of law.






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






16. Bad act.






17. 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.






18. Proof that the evidence is what it is said to be.






19. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.






20. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.

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21. The rule requiring that the original document be produced at trial.






22. A defense requiring proof that the defendant would not have committed the crime but for police trickery.






23. 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.






24. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.






25. Generally accepted legal principles.






26. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.






27. 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.






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






29. 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






30. Evidence that is derived from an illegal search or interrogation is inadmissible.






31. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.






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






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






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






35. A statement in a judicial opinion not necessary for the decision of the case.






36. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.






37. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.






38. A warrant that allows the police to enter without announcing their presence in advance.






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






40. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.






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






42. When an appellate court overturns or negates the decision of a lower court.






43. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.






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






45. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.






46. A worldwide network of computer networks.






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






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






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






50. The failure to act reasonably under the circumstances.