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






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






3. A summary of one legal point in a court opinion; written by the editors at West.






4. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.






5. Voluntarily and knowingly subjecting oneself to danger.






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






7. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00






8. 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






9. A summary of a court opinion that appears at the beginning of the case.






10. A tort committed by one who intends to do the act that creates the harm.






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






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






13. 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.






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






15. A computerized database that contains key information about the content of documents - such as medical records.






16. The opinion of a jury on a question of fact.






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






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






19. Any tangible object - like a bloody glove.






20. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.






21. Representing someone who is in a position adverse to a prior client.






22. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.






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






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






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






26. A suspicion based on specific facts; less than probable cause.






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






28. A claim by the defendant against the plaintiff.






29. Federal and state rules that govern the admissibility of evidence in court.






30. Money is awarded to a plaintiff in payment for his or her actual losses.






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






32. The transfer of a case from one state court to a federal court.






33. Law that deals with harm to a person or a person's property.






34. Books that contain appellate court decisions. There are both official and unofficial reporters.






35. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.






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






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






38. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.






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






40. A court's power to hear only specialized cases.






41. 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.






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






43. The court's power to review statutes to decide whether they conform to the Constitution.






44. Information about the law - such as that contained in encyclopedias and law review articles.






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






46. A term used to describe a case that is similar to another case.






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






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






49. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.






50. Evidence that suggests the defendant's guilt.