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. The publication of false statements that harm a person's reputation.






2. A defense requiring proof that the defendant was not mentally responsible.






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






4. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.






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






6. A fee calculated as a percentage of the settlement or award in the case.






7. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.






8. A person who initiates an appeal.






9. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.






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






11. A witness who has not been shown to have any special expertise.






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






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






14. 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.






15. A compilation of federal administrative regulations arranged by agency.






16. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.






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






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






19. When the defendant does not have sufficient money or other assets to pay the judgment.






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






21. A request that the court release the defendant because of the illegality of the incarceration.






22. 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.






23. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.






24. Voluntarily and knowingly subjecting oneself to danger.






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






26. 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.






27. A separable part of a statute that must be satisfied for the statute to apply.






28. 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.






29. The division of governmental power among the legislative - executive - and judicial branches.






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






31. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.






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






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


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






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






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






37. Law that deals with harm to an individual.






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






39. Law that creates rights and duties.






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






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






42. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.






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






44. Questions that suggest the answer.






45. The party in a case against whom an appeal has been filed.






46. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.






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






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






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






50. A bank account used to hold money belonging to the client or to a third party.