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. 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.






2. 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.






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






4. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.






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






6. The new legal principle established by a court opinion.






7. A court's power to review statutes to decide if they conform to the federal or a state constitution.






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






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






10. 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.






11. A special type of joint tenancy applicable only to married couples.






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






13. Courts that determine the facts and apply the law to the facts.






14. Land and objects permanently attached to land.






15. In logic - a belief that justifies one in arguing a conclusion.






16. The person who is being asked questions at a deposition.






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






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






19. The papers that begin a lawsuit-generally - the complaint and the answer.






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






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






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






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






24. A request made to the court.






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






26. To perform.






27. '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.






28. A claim by the defendant against the plaintiff.






29. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.






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






31. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.






32. Any tangible object - like a bloody glove.






33. Including more than one count in a complaint; the counts do not need to be consistent.






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






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






36. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.






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






38. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.






39. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information






40. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.






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






42. The power of a court to hear a case.






43. Money or something else of value that is held by the government to ensure the defendant's appearance in court.






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






45. Rules and regulations created by administrative agencies.






46. Law dealing with ownership.






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






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






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






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