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 test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.

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2. The pleading that begins a lawsuit.






3. Any tangible object - like a bloody glove.






4. 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.






5. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.






6. When the defendant does not have sufficient money or other assets to pay the judgment.






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






8. A trial court error that is not sufficient to warrant reversing the decision.






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






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






11. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.






12. Used to describe legislation that changes the common law.






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






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






15. An advance or down payment that is given to engage the services of an attorney.






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






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






18. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.






19. 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.






20. 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.






21. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.






22. 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.






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






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






25. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.






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






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






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






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






30. A determination that an attorney may not practice law for a set period of time.






31. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.






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






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






34. Voluntarily and knowingly subjecting oneself to danger.






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






36. Located in most codified statutes - this table lists statutes by their popular names along with their citations.






37. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






38. 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






39. Law that regulates how the legal system operates.






40. A repeat offender; one who continues to commit more crimes.






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






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






43. The opinion of a jury on a question of fact.






44. 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.






45. Evidence that does not add any new information but that confirms facts that already have been established.






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






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






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






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






50. Money is awarded to a plaintiff in payment for his or her actual losses.