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 question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.






2. A set of standardized jury instructions.






3. The pleading that begins a lawsuit.






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






5. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






6. Law that creates rights and duties.






7. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.






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






9. Summary of one legal point in a court opinion; written by the editors at West.






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






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






12. A tort committed by one who intends to do the act that creates the harm.






13. The pretrial oral questioning of a witness under oath.






14. 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.






15. A national paralegal association.






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






17. Liability without having to prove fault.






18. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.






19. The division of governmental power among the legislative - executive - and judicial branches.






20. Including more than one count in a complaint; the counts do not need to be consistent.






21. 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






22. A witness who possesses skill and knowledge beyond that of the average person.






23. A repeat offender; one who continues to commit more crimes.






24. In a case brief - the rule of law applied to the case's specific facts.






25. 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.






26. In logic - a belief that justifies one in arguing a conclusion.






27. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.






28. Liability without a showing of fault.






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






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






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






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






33. A person who permits or directs another person to act on the principal's behalf.






34. The first ten amendments to the U.S. Constitution.






35. In a complaint - one cause of action.






36. When an appellate court overturns or negates the decision of a lower court.






37. 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.






38. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.






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






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






41. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.






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






43. 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.






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






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






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






47. Voluntarily and knowingly subjecting oneself to danger.






48. 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






49. A judicial philosophy that supports an active role for the judiciary in changing the law.






50. The questioning of your own witness.