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 separable part of a statute that must be satisfied for the statute to apply.






2. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.






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






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






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






6. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.






7. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.






8. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.






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






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






12. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.






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






14. Voluntarily and knowingly subjecting oneself to danger.






15. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.






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






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






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






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






20. Rules of conduct promulgated and enforced by the government.






21. A person who permits or directs another person to act on the principal's behalf.






22. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.






23. 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.






24. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.






25. A right to use property owned by another for a limited purpose.






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






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






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






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






30. Generally accepted legal principles.






31. 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.






32. A worldwide network of computer networks.






33. Bad intent.






34. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.






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






36. 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).






37. 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






38. 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.






39. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.






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. A court order requiring a person to appear to testify at a trial or deposition.






42. Law that creates rights and duties.






43. Liability without having to prove fault.






44. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.






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






46. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.






47. Law that regulates how the legal system operates.






48. Indirect evidence - used to prove facts by implication.






49. The highest federal appellate court - consisting of nine appointed members.






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