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. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.






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






3. The number of hours - or parts of an hour - that can be charged to a specific client.






4. Someone who has the power to act in the place of another.






5. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.






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






7. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.






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






9. Occurs when the police restrain a person's freedom and charge the person with a crime.






10. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.






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






12. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.






13. A law enacted by a state legislature or by Congress.






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






15. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.






16. A law promulgated by an administrative agency.






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






18. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.






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






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






21. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.






22. The publication of false statements that harm a person's reputation.






23. Disregarding a substantial and unjustifiable risk that harm will result.






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






25. 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.






26. Generally - an emergency situation that allows a search to proceed without a warrant.






27. To perform.






28. A meeting of the attorneys and the judge prior to the beginning of the trial.






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






31. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.






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






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






34. Courts that determine the facts and apply the law to the facts.






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






36. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.






37. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.






38. The failure to act reasonably under the circumstances.






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






40. 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.






41. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.






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






43. Indirect evidence - used to prove facts by implication.






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






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






46. 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.






47. 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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48. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






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






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