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 educated ability to apply law to specific facts.






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






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






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






5. Proof that the evidence is what it is said to be.






6. 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.






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






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






9. A worldwide network of computer networks.






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






11. The intermediate appellate courts in the federal system.






12. Cases that involve different facts and/or rules of law.






13. When a higher court agrees with what lower court has done.






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






15. 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.






16. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.






17. 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.






18. 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.






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






21. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.






22. 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.






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






24. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.






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






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






27. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.






28. 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.






29. 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.






30. A court's power to hear only specialized cases.






31. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.






32. Representing someone who is in a position adverse to a prior client.






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






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






35. 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.






36. Evidence that does not add any new information but that confirms facts that already have been established.






37. 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.






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






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






40. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.






41. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.






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






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






44. 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.






45. A calendering system that records key dates and important deadlines.






46. 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.






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






48. A provision that purports to waive liability.






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






50. Bad act.