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 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.






2. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.






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






4. Indirect evidence - used to prove facts by implication.






5. The failure to act reasonably under the circumstances.






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






7. The process of legislative enactment of areas of the law previously governed solely by the common law.






8. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.






9. 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.






10. The questioning of your own witness.






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






12. A reason for invalidating a statute where it covers both protected and criminal activity.






13. 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






14. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.






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






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






18. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.






19. 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.






20. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.






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






22. The failure of an attorney to act reasonably.






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






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






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






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






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






28. Summary of one legal point in a court opinion; written by the editors at West.






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






30. An agreement supported by consideration.






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






32. In logic - a belief that justifies one in arguing a conclusion.






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






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






35. A provision that purports to waive liability.






36. Being informed of some act done or about to be done.






37. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.






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






39. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.






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






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






42. The papers that begin a lawsuit-generally - the complaint and the answer.






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






44. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.






45. When only one court has the power to hear a case.






46. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.






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






48. 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.






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






50. A request made to the court.