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 general jurisdiction trial courts in the federal system.






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






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






4. 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.






5. A person who initiates an appeal.






6. 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.






7. A trial conducted without a jury.






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






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






10. Violation of a statute as proof of negligence






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






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






13. The intermediate appellate courts in the federal system.






14. An advance or down payment that is given to engage the services of an attorney.






15. The power of a court to hear a case.






16. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.

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






18. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.






19. 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






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






21. A national paralegal association.






22. The process of finding the law.






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






24. 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.






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






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






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






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






29. 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






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






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






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






33. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.






34. The tort theory that an employer can be sued for the negligent acts of its employees.






35. A token sum awarded when liability has been found but monetary damages cannot be shown.






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






37. Proof that the evidence is what it is said to be.






38. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.






39. Law that deals with harm to an individual.






40. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.






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






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






43. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.






44. The process of organizing statutes by subject matter.






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






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






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






48. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.






49. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.






50. Any tangible object - like a bloody glove.