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






2. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.






3. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.






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






5. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.






6. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.






7. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.






8. The process of properly identifying and authenticating evidence so that it can be introduced.






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






10. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a






11. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.






12. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.






13. Courts that determine whether lower courts have made errors of law.






14. The modern pretrial procedure by which one party gains information from the adverse party.






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






16. A defense requiring proof that the defendant would not have committed the crime but for police trickery.






17. 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.






18. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.






19. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.






20. Questions that suggest the answer.






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






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






23. All property that is not real property.






24. Located in most codified statutes - this table lists statutes by their popular names along with their citations.






25. Rules and regulations created by administrative agencies.






26. Law that deals with harm to an individual.






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






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






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






30. Law dealing with ownership.






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






32. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.






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






34. The failure to act reasonably under the circumstances.






35. Without the need for a warrant - the police may seize objects that are openly visible.






36. The application of legal rules to a client's specific factual situation; also known as legal analysis.






37. An advance or down payment that is given to engage the services of an attorney.






38. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.






39. The court's power to review statutes to decide whether they conform to the Constitution.






40. A defendant's personal promise to appear in court.






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






42. Law that deals with harm to society as a whole.






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






44. A law enacted by a state legislature or by Congress.






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






46. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.






47. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.






48. 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.






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






50. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.