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 constitutional protection against being tried twice for the same crime.






2. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.






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






4. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne






5. All property that is not real property.






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






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






8. A request that the court order that certain information not be mentioned in the presence of the jury.






9. A determination that an attorney may not practice law for a set period of time.






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






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






12. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.






13. The judge informs the jurors of the law they need to know to make their decision.






14. Questions that suggest the answer.






15. 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.






16. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.






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






18. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.






19. 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.






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






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






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






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






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






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






26. 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.






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






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






29. A token sum awarded when liability has been found but monetary damages cannot be shown.






30. The delivery of a pleading or other paper in a lawsuit to the opposing party.






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






32. A business run by two or more persons as co-owners.






33. A court's power to hear any type of case arising within its geographical area.






34. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.






35. A statement in a judicial opinion not necessary for the decision of the case.






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






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






38. A national organization of paralegal programs that promotes high standards for paralegal education.






39. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.






40. 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.






41. A court order requiring a person to appear to testify at a trial or deposition.






42. The questioning of your own witness.






43. 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.






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






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






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






47. 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.






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






49. A set of standardized jury instructions.






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