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. Information about the law - such as that contained in encyclopedias and law review articles.






2. Law that deals with harm to a person or a person's property.






3. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.






4. A court's prior permission for the police to search and seize.






5. 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.






6. A summary of one legal point in a court opinion; written by the editors at West.






7. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.






8. The tort theory that an employer can be sued for the negligent acts of its employees.






9. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.






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






11. Bad act.






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






13. 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.






14. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.






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






16. A meeting of the attorneys and the judge prior to the beginning of the trial.






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






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






19. Evidence that supports previous testimony but that comes in a different form.






20. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.






21. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.






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






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






24. 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.






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






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






27. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.






28. A provision in a deed that prohibits specified uses of the property.






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






30. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance






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






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






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






34. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.






35. A request made to the court.






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






37. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.






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






39. The revocation of an attorney's license.






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






41. 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.






42. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.






43. The opinion of a jury on a question of fact.






44. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.






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






46. 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.






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






48. 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.






49. The process of organizing statutes by subject matter.






50. Establishes a direct link to the event that must be proven.







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