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 defense requiring proof that the defendant was forced to take an action to avoid a greater harm.






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






3. The result reached in a particular case.






4. 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.






5. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.






6. The justified use of force to protect oneself or others.






7. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.






8. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).






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






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






11. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.






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






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






14. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.






15. The court's power to review statutes to decide whether they conform to the Constitution.






16. An approach whereby the courts give a statute a narrow interpretation.






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






18. A national association of paralegal managers.






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






20. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.






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






22. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.






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






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






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






26. A summary of a court opinion that appears at the beginning of the case.






27. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.






28. 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.






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






30. A term used to describe a case that is similar to another case.






31. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.






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






33. Evidence that suggests the defendant's innocence.






34. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






35. Violation of a statute as proof of negligence






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






37. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.






38. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.






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






40. Broad questions that put few limits on the freedom of the respondent.






41. To perform.






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






43. A national organization of paralegal programs that promotes high standards for paralegal education.






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






45. In a complaint - one cause of action.






46. 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






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






48. 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.






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






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