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






2. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.






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






4. The reference to a particular page within an opinion.






5. Information that can be presented in a court of law as proof of some fact.






6. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.






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






8. A warrant that allows the police to enter without announcing their presence in advance.






9. 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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10. A tangible object or a right or ownership interest.






11. The failure to act reasonably under the circumstances.






12. A defendant's plea meaning that the defendant neither admits nor denies the charges.






13. An opinion that agrees with the majority's result but disagrees with the reasoning.






14. The rule that in order to claim self-defense there must have been no possibility of retreat.






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






16. Rules and regulations created by administrative agencies.






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






18. 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.






19. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.






20. Generally accepted legal principles.






21. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.






22. 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.






23. Used to describe legislation that changes the common law.






24. Consists of the description of events that a witness testifies to under oath in a legal proceeding.






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






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






27. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.






28. 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.






29. The tenant's right to be free from interference from the landlord with respect to how the property is used.






30. The revocation of an attorney's license.






31. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.






32. Cases that involve similar facts and rules of law.






33. '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.






34. Generally - an emergency situation that allows a search to proceed without a warrant.






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






36. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.






37. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.






38. 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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39. 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.






40. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.






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






42. 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.






43. 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.






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






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






46. 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.






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






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






49. A person who permits or directs another person to act on the principal's behalf.






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