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 term used to describe two cases that are almost identical - with similar facts and legal issues.






2. 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.






3. A requirement that a party fulfill his or her contractual obligations.






4. The revocation of an attorney's license.






5. A request made to the court.






6. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.






7. The general jurisdiction trial courts in the federal system.






8. Law that deals with harm to an individual.






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






10. 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.






11. Questions that suggest the answer.






12. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.






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






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






15. The pleading that begins a lawsuit.






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






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






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






19. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.






20. The transfer of a case from one state court to a federal court.






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






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






23. 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.






24. 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.






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






26. Written questions sent by one side to the opposing side - answered under oath.






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






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






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






30. The person who is being asked questions at a deposition.






31. 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.






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






33. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.






34. A statute that changes the common law.






35. Someone who has the power to act in the place of another.






36. 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.






37. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.






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






39. The failure to act reasonably under the circumstances.






40. 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).






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






42. 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.






43. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.






44. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.






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






46. The process of finding the law.






47. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.






48. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.






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






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