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 statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.






2. A law promulgated by an administrative agency.






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






4. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.






5. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.






6. A person who initiates an appeal.






7. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.






8. When a person must be brought into a lawsuit as either a plaintiff or a defendant.






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






10. 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






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






12. Violation of a statute as proof of negligence






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






14. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.






15. A court's power to hear only specialized cases.






16. All property that is not real property.






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






18. When an appellate court overturns or negates the decision of a lower court.






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






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






21. A warrant that allows the police to enter without announcing their presence in advance.






22. Something of value exchanged to form the basis of a contract.






23. The division of governmental power among the legislative - executive - and judicial branches.






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






25. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.






26. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.






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






28. 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






29. 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.






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






31. A national voluntary organization of lawyers.






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






33. A temporary transfer of personal property to someone other than the owner for a specified purpose.






34. An introductory paragraph listing issues to be discussed in the order they are to be discussed.






35. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.






36. A tort committed by one who intends to do the act that creates the harm.






37. 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.






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






39. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.






40. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance






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






42. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.






43. The application of legal rules to a client's specific factual situation; also known as legal analysis.






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






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






46. A court's power to review statutes to decide if they conform to the federal or a state constitution.






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






48. The general jurisdiction trial courts in the federal system.






49. Generally accepted legal principles.






50. The person who is being asked questions at a deposition.