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 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.






2. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.






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






4. Law that regulates how the legal system operates.






5. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.






6. Questions relating to what happened: who - what - when - where - and how.






7. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.






8. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.






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






10. 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.






11. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00






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






13. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.






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






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






17. The party in a case against whom an appeal has been filed.






18. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.






19. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.






20. A summary of a court opinion that appears at the beginning of the case.






21. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.






22. An advance or down payment that is given to engage the services of an attorney.






23. The educated ability to apply law to specific facts.






24. An actual incident or condition; not a legal consequence.






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






26. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.






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






28. A set of standardized jury instructions.






29. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a






30. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.






31. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.






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






33. 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.






34. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.






35. 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.






36. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.






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






38. When a person must be brought into a lawsuit as either a plaintiff or a defendant.






39. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.






40. Any tangible object - like a bloody glove.






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






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






43. Court decisions from a higher court in the same jurisdiction.






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






45. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.






46. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.

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






48. 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.






49. Indirect evidence - used to prove facts by implication.






50. A compilation of federal administrative regulations arranged by agency.