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






2. When the law is applied to the client's facts and the result is not obvious - an issue is created.






3. Governmental publication of court opinions.






4. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.






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






6. Simultaneously representing adverse clients.






7. 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.






8. 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.






9. An actual incident or condition; not a legal consequence.






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






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






12. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.






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






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






15. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.






16. A computerized database that contains the full text of documents - such as court opinions or depositions.






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






18. 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.






19. The party in a case against whom an appeal has been filed.






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






21. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.






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






23. Courts that determine whether lower courts have made errors of law.






24. Federal and state rules that govern the admissibility of evidence in court.






25. The new legal principle established by a court opinion.






26. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.






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






28. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.






29. The requirement that relief be sought from an administrative agency before proceeding to court.






30. A defense requiring proof that the defendant would not have committed the crime but for police trickery.






31. Bad act.






32. An opinion that disagrees with the majority's decision and its reasoning.






33. A claim by the defendant against the plaintiff.






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






35. The questioning of your own witness.






36. Generally accepted legal principles.






37. A calendering system that records key dates and important deadlines.






38. Law that creates rights and duties.






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






41. '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.






42. 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.






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






44. 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.






45. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.






46. 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.






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






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






49. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.






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