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






2. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.






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






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






5. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.






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






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






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






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






10. Any tangible object - like a bloody glove.






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






12. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.






13. A person who initiates an appeal.






14. A temporary transfer of personal property to someone other than the owner for a specified purpose.






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






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






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






18. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.






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






20. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.






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






22. A statute that changes the common law.






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






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






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






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






27. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.






28. A request that the court order that certain information not be mentioned in the presence of the jury.






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






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






31. The person who is being asked questions at a deposition.






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






33. To perform.






34. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.






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






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






37. When a higher court agrees with what lower court has done.






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






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






40. A request that the court prohibit the use of certain evidence at the trial.






41. The result reached in a particular case.






42. The pleading that begins a lawsuit.






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






44. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.






45. Law dealing with ownership.






46. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.






47. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.






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






49. 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






50. 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.