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 criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.






2. A defense whereby the defendant offers new evidence to avoid judgment.






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






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






5. A constitutional protection against being tried twice for the same crime.






6. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.






7. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.






8. 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.






9. The power of the federal courts to hear matters of federal law.






10. A public or private statement that an attorney's conduct violated the code of ethics.






11. The party in a case who has initiated an appeal.






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






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






14. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.






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






16. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.






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






18. 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.






19. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.






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






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






22. An introductory paragraph listing issues to be discussed in the order they are to be discussed.






23. Evidence that suggests the defendant's guilt.






24. Bad intent.






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






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






27. The power of a court to force a person to appear before it.






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






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






30. Federal and state rules that govern the admissibility of evidence in court.






31. 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.






32. Violation of a statute as proof of negligence






33. The law itself - such as statutes and court opinions.






34. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






35. A canon of construction meaning 'of the same class.:






36. Any tangible object - like a bloody glove.






37. The failure to act reasonably under the circumstances.






38. A law promulgated by an administrative agency.






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






40. 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.






41. The intermediate appellate courts in the federal system.






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






43. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






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






45. Liability without a showing of fault.






46. A trial conducted without a jury.






47. 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.






48. Simultaneously representing adverse clients.






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






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