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






2. A court's power to hear any type of case arising within its geographical area.






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






4. Consists of the description of events that a witness testifies to under oath in a legal proceeding.






5. A method for excusing a prospective juror; no reason need be given.






6. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.






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






8. 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.






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






10. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.






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






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






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






14. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.






15. The delivery of a pleading or other paper in a lawsuit to the opposing party.






16. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.






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






18. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.






19. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.






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






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






22. 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.






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






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






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






26. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.






27. 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.






28. 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.






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






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






31. Violation of a statute as proof of negligence






32. The new legal principle established by a court opinion.






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






34. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.






35. A national association of paralegal managers.






36. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.






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






38. The justified use of force to protect oneself or others.






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






40. In a case brief - facts that deal with what happened to the parties before the litigation began.






41. Voluntarily and knowingly subjecting oneself to danger.






42. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.






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






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






45. Voluntarily and knowingly subjecting oneself to danger.






46. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.






47. A national voluntary organization of lawyers.






48. A form in which statutes are published; they are printed individually at the time they are first enacted.






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






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







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