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






2. The power of government to take private property for public purposes.






3. Law that regulates how the legal system operates.






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






5. The revocation of an attorney's license.






6. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.






7. Land and objects permanently attached to land.






8. 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






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






10. The purpose of the legislature at the time it enacted the statute.






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






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






13. The status of having received a certificate documenting that the person has successfully completed an educational program.






14. An intentional act that creates a harmful or offensive physical contact.






15. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.






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






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






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






20. An approach whereby the courts give a statute a broad interpretation.






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






22. The party in a lawsuit against whom an appeal has been filed.






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






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






25. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.






26. To perform.






27. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.






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






29. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information






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






31. The power of the federal courts to hear matters of federal law.






32. Information that can be presented in a court of law as proof of some fact.






33. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.






34. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.






35. Monetary compensation - including compensatory - punitive - and nominal damages.






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






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






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






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






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






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






42. Governmental publication of court opinions.






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






44. Consists of the description of events that a witness testifies to under oath in a legal proceeding.






45. An act by a landlord that makes the premises unfit or unsuitable for occupancy.






46. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.






47. 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.






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






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






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