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 decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.






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






3. Standard used by appellate courts when reviewing a trial court's findings of fact.






4. Evidence that suggests the defendant's guilt.






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






6. A judicial philosophy that supports an active role for the judiciary in changing the law.






7. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.






8. Questions relating to the interpretation or application of the law.






9. A book that contains court opinion headnotes arranged by subject matter.






10. Law that deals with harm to a person or a person's property.






11. Bad intent.






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






13. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.






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






15. When more than one court has jurisdiction to hear a case.






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






17. The result reached in a particular case.






18. The failure to act reasonably under the circumstances.






19. Court decisions from a higher court in the same jurisdiction.






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






21. An issue that the court has never faced before.






22. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a






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






24. 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.






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






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






27. Any tangible object - like a bloody glove.






28. All property that is not real property.






29. 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.






30. Written questions sent by one side to the opposing side - answered under oath.






31. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.






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






33. A court order authorizing a sheriff to take property in order to enforce a judgment.






34. A witness who possesses skill and knowledge beyond that of the average person.






35. Law that deals with harm to an individual.






36. 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.






37. 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.






38. A summary of one legal point in a court opinion; written by the editors at West.






39. 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.






40. A situation in which a conflict of interest may arise in the future--for example - representing business partners.






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






42. Law that creates rights and duties.






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






44. 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.






45. 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.






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






47. A tangible object or a right or ownership interest.






48. Courts that determine the facts and apply the law to the facts.






49. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.






50. 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.