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






2. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.






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






4. A trial court error that is not sufficient to warrant reversing the decision.






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






6. A provision that purports to waive liability.






7. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.






8. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.






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






10. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.






11. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.






12. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.






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






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






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






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






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






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






19. 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.






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






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






22. 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.






23. Liability without a showing of fault.






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






25. The revocation of an attorney's license.






26. Bad act.






27. Law that creates rights and duties.






28. A defendant's personal promise to appear in court.






29. 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.






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






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






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






33. A tort committed by one who intends to do the act that creates the harm.






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






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






36. Bad intent.






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






38. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.






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






40. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.






41. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.






42. 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.






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






44. 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.






45. A form in which statutes are published; they are printed individually at the time they are first enacted.






46. 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.






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






48. Evidence that suggests the defendant's innocence.






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






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