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






2. Something of value exchanged to form the basis of a contract.






3. 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.






4. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.






5. The rules whereby all members of a law firm are treated as though they had represented the former client.






6. A court order authorizing a sheriff to take property in order to enforce a judgment.






7. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.






8. Evidence that supports previous testimony but that comes in a different form.






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






10. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information






11. The revocation of an attorney's license.






12. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.






13. A term used to describe a case that is similar to another case.






14. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.






15. A request made to the court.






16. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.






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






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






19. Questions that suggest the answer.






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






21. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).






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






23. An intentional act that creates a harmful or offensive physical contact.






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






25. A situation in which a conflict of interest may arise in the future--for example - representing business partners.






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






27. A statute establishing and setting out the powers of an administrative agency.






28. 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






29. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.






30. A token sum awarded when liability has been found but monetary damages cannot be shown.






31. Liability without a showing of fault.






32. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.

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33. Also known as real estate; land and items growing on or permanently attached to that land.






34. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.






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






36. Law dealing with ownership.






37. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.






38. The highest federal appellate court - consisting of nine appointed members.






39. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.






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






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






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






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






44. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.






45. The opinion of a jury on a question of fact.






46. 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.






47. An act by a landlord that makes the premises unfit or unsuitable for occupancy.






48. The purpose of the legislature at the time it enacted the statute.






49. A court's power to review statutes to decide if they conform to the federal or a state constitution.






50. 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.