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






2. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.






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






4. A computerized database that contains key information about the content of documents - such as medical records.






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






6. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.






7. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.






8. Simultaneously representing adverse clients.






9. The revocation of an attorney's license.






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






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






12. 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.






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






14. The final paragraph in a written legal analysis that summarizes the writer's conclusions.






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






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






17. A statute establishing and setting out the powers of an administrative agency.






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






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






20. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






21. 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.






22. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.






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






24. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.






25. The tenant's right to be free from interference from the landlord with respect to how the property is used.






26. A method for excusing a prospective juror; no reason need be given.






27. A court opinion that establishes new law in an important area.






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






29. 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.






30. A right to use property owned by another for a limited purpose.






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






32. 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.






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






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






35. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.






36. Governmental publication of court opinions.






37. 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.






38. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.






39. All property that is not real property.






40. A national paralegal association.






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






42. The rule requiring that the original document be produced at trial.






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






44. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.






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






46. Rules and regulations created by administrative agencies.






47. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.






48. 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.






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






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