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. An intentional act that creates a harmful or offensive physical contact.






2. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.






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






4. 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.






5. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.






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






7. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.






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






9. The modern pretrial procedure by which one party gains information from the adverse party.






10. Evidence that is derived from an illegal search or interrogation is inadmissible.






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






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






13. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.






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






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






16. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.






17. Rules and regulations created by administrative agencies.






18. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.






19. The party in a case who has initiated an appeal.






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






21. Law dealing with ownership.






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






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






24. 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.






25. Cases that involve similar facts and rules of law.






26. The power of government to take private property for public purposes.






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






28. The power of a court to force a person to appear before it.






29. A national association of paralegal associations.






30. 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.






31. A worldwide network of computer networks.






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






33. An opinion that disagrees with the majority's decision and reasoning.






34. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.






35. A book that contains court opinion headnotes arranged by subject matter.






36. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.






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






38. 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.






39. A term used to describe two cases that are almost identical - with similar facts and legal issues.






40. A person who initiates an appeal.






41. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.






42. 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.






43. A case listed in Shepard's that cites your case.






44. An issue that the court has never faced before.






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






46. Also known as real estate; land and items growing on or permanently attached to that land.






47. The power of the federal courts to hear matters of federal law.






48. A request that the court prohibit the use of certain evidence at the trial.






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






50. 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.