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






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






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






4. The party in a lawsuit against whom an appeal has been filed.






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






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






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






8. An approach whereby the courts give a statute a broad interpretation.






9. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.






10. The law itself - such as statutes and court opinions.






11. A suspicion based on specific facts; less than probable cause.






12. 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.






13. The power of a court to hear a case.






14. 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.






15. A pamphlet inserted into the back of a book containing information new since the volume was published.






16. The pleading that begins a lawsuit.






17. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.






18. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.






19. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.






20. A book that contains court opinion headnotes arranged by subject matter.






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






22. When the law is applied to the client's facts and the result is not obvious - an issue is created.






23. All property that is not real property.






24. A business run by two or more persons as co-owners.






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






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






27. A case listed in Shepard's that cites your case.






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






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






30. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.






31. Law that creates rights and duties.






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






33. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.






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






35. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.






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






37. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.






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






39. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.






40. Information that can be presented in a court of law as proof of some fact.






41. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.






42. Court decisions from a higher court in the same jurisdiction.






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






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






45. Information about the law - such as that contained in encyclopedias and law review articles.






46. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.






47. Liability without having to prove fault.






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






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






50. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.