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 court's power to hear any type of case arising within its geographical area.






2. A token sum awarded when liability has been found but monetary damages cannot be shown.






3. 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.






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






5. In a case brief - the general legal principle in existence before the case began.






6. The intermediate appellate courts in the federal system.






7. The chronological publication of statutes at the end of a legislative session.






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






9. The first ten amendments to the U.S. Constitution.






10. 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.






11. 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.






12. 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.






13. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.






14. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.






15. 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.






16. The rules whereby all members of a law firm are treated as though they had represented the former client.






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






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






19. A statute that changes the common law.






20. A national association of paralegal managers.






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






22. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.






23. The law itself - such as statutes and court opinions.






24. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.






25. 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.






26. The delivery of a pleading or other paper in a lawsuit to the opposing party.






27. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.






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






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






30. The pleading that begins a lawsuit.






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






32. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.






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






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






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






36. A national voluntary organization of lawyers.






37. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.






38. Any tangible object - like a bloody glove.






39. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.






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






41. A person who initiates an appeal.






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






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






44. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne






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






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






48. 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.






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






50. Law dealing with ownership.