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






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






3. A fee calculated as a percentage of the settlement or award in the case.






4. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.






5. When a person must be brought into a lawsuit as either a plaintiff or a defendant.






6. A constitutional protection against being tried twice for the same crime.






7. The number of hours - or parts of an hour - that can be charged to a specific client.






8. Something of value exchanged to form the basis of a contract.






9. Law that creates rights and duties.






10. The modern pretrial procedure by which one party gains information from the adverse party.






11. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.






12. 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






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






14. The failure to act reasonably under the circumstances.






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






16. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.

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17. 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.






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






19. Voluntarily and knowingly subjecting oneself to danger.






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






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






22. 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.






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






24. An agreement supported by consideration.






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






26. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.






27. A temporary transfer of personal property to someone other than the owner for a specified purpose.






28. A provision in a deed that prohibits specified uses of the property.






29. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.






30. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.






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






32. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.






33. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.






34. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.






35. A defendant's plea meaning that the defendant neither admits nor denies the charges.






36. 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






37. Federal and state rules that regulate how criminal proceedings are conducted.






38. 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.






39. The tenant's right to be free from interference from the landlord with respect to how the property is used.






40. In a case brief - the rule of law applied to the case's specific facts.






41. When an appellate court that normally sits in panels sits as a whole.






42. 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.






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






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






45. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.






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






47. A national association of paralegal managers.






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






49. A method for excusing a prospective juror; no reason need be given.






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