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. Questions relating to what happened: who - what - when - where - and how.






2. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.






3. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.






4. The party in a case who has initiated an appeal.






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






6. A special type of joint tenancy applicable only to married couples.






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






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






9. 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.






10. A national organization of paralegal programs that promotes high standards for paralegal education.






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






12. Liability without a showing of fault.






13. Federal and state rules that regulate how criminal proceedings are conducted.






14. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.






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






16. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.






17. 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.






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






19. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.






20. A fee calculated as a percentage of the settlement or award in the case.






21. Law dealing with ownership.






22. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.






23. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.






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






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






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






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






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






29. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.






30. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.






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






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






33. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.






34. The power of the federal courts to hear matters of federal law.






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






36. Violation of a statute as proof of negligence






37. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.






38. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne






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






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






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






42. The failure to act reasonably under the circumstances.






43. Liability without having to prove fault.






44. 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.






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






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






47. An actual incident or condition; not a legal consequence.






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






49. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






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