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. 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.






2. A constitutional protection against being tried twice for the same crime.






3. 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.






4. 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.






5. The process of finding the law.






6. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.






7. Located in most codified statutes - this table lists statutes by their popular names along with their citations.






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






9. 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.






10. Specific questions that usually demand very short or yes-no answers.






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






12. Broad questions that put few limits on the freedom of the respondent.






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






14. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.






15. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.






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






17. Also known as real estate; land and items growing on or permanently attached to that land.






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 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.






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






21. Violation of a statute as proof of negligence






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






23. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.






24. A reason for invalidating a statute where it covers both protected and criminal activity.






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






26. Questions that suggest the answer.






27. A situation in which a conflict of interest may arise in the future--for example - representing business partners.






28. 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






29. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.






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






31. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.






32. 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.






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






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






35. The judge informs the jurors of the law they need to know to make their decision.






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






37. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.






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






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






40. 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.






41. The pleading that begins a lawsuit.






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






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






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






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






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






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






48. Rules of conduct promulgated and enforced by the government.






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






50. The reference to a particular page within an opinion.