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. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.






2. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.






3. 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.






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






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






6. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.






7. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.






8. When an appellate court that normally sits in panels sits as a whole.






9. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.






10. 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.






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






12. 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.






13. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.






14. Courts that determine the facts and apply the law to the facts.






15. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.

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






17. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.






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






19. Money is awarded to a plaintiff in payment for his or her actual losses.






20. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.






21. A request that the court order that certain information not be mentioned in the presence of the jury.






22. An approach whereby the courts give a statute a narrow interpretation.






23. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.






24. A set charge for a specific service - such as drafting a simple will.






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






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






27. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.






28. 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.






29. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.






30. A meeting of the attorneys and the judge prior to the beginning of the trial.






31. Specific questions that usually demand very short or yes-no answers.






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






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






34. A law promulgated by an administrative agency.






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






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






37. The final paragraph in a written legal analysis that summarizes the writer's conclusions.






38. Monetary compensation - including compensatory - punitive - and nominal damages.






39. A judgment entered against a party who fails to complete a required step - such as answering the complaint.






40. A court order requiring a person to appear to testify at a trial or deposition.






41. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.






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






43. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.






44. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.






45. The power of a court to hear a particular type of case.






46. An agreement supported by consideration.






47. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.






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






49. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.






50. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.