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 requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.






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






3. 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.






4. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.






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






6. Questions relating to the interpretation or application of the law.






7. When a higher court agrees with what lower court has done.






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






9. Without the need for a warrant - the police may seize objects that are openly visible.






10. A law enacted by a state legislature or by Congress.






11. A person who permits or directs another person to act on the principal's behalf.






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






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






14. A court order authorizing a sheriff to take property in order to enforce a judgment.






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






16. Generally accepted legal principles.






17. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.






18. A grand jury's written accusation that a given individual has committed a crime.






19. A judgment entered against a party who fails to complete a required step - such as answering the complaint.






20. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.






21. The pretrial oral questioning of a witness under oath.






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






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






24. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.






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






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






28. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.






29. 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






30. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.






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






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






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






34. Used to describe legislation that changes the common law.






35. A statute that changes the common law.






36. A statement in a judicial opinion not necessary for the decision of the case.






37. Books that contain appellate court decisions. There are both official and unofficial reporters.






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






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






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






41. 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.






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. A set charge for a specific service - such as drafting a simple will.






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






45. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.






46. A witness who has not been shown to have any special expertise.






47. Not factually true - but accepted by the courts as being legally true.






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






49. A provision that purports to waive liability.






50. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.