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. The questioning of an opposing witness.






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






3. A business run by two or more persons as co-owners.






4. A person who initiates an appeal.






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






6. 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






7. The process of finding the law.






8. The judge informs the jurors of the law they need to know to make their decision.






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






10. Specific questions that usually demand very short or yes-no answers.






11. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.






12. An opinion in which a majority of the court joins.






13. 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.






14. When an appellate court sends a case back to the trial court for a new trial or other action.






15. A bank account used to hold money belonging to the client or to a third party.






16. All property that is not real property.






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






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






19. In a case brief - the rule of law applied to the case's specific facts.






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






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






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






23. To perform.






24. 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.






25. A set of standardized jury instructions.






26. The power of a court to hear a particular type of case.






27. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.






28. 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.






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






31. A requirement that a party fulfill his or her contractual obligations.






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






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






34. 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.






35. A separable part of a statute that must be satisfied for the statute to apply.






36. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.






37. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.






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






39. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.






40. A national voluntary organization of lawyers.






41. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.






42. A provision that purports to waive liability.






43. The court's power to review statutes to decide whether they conform to the Constitution.






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






45. The reference to a particular page within an opinion.






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. 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.






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






49. Bad act.






50. 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.