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






2. Violation of a statute as proof of negligence






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






4. When only one court has the power to hear a case.






5. A national association of paralegal associations.






6. 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.






7. The purpose of the legislature at the time it enacted the statute.






8. The application of legal rules to a client's specific factual situation; also known as legal analysis.






9. 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.






10. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.






11. Governmental publication of court opinions.






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






13. A tort committed by one who intends to do the act that creates the harm.






14. The pleading that begins a lawsuit.






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






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






17. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.






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






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






20. A law enacted by a state legislature or by Congress.






21. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.






22. A request made to the court.






23. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.






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






25. The power of a court to hear a particular type of case.






26. The result reached in a particular case.






27. An introductory paragraph listing issues to be discussed in the order they are to be discussed.






28. A repeat offender; one who continues to commit more crimes.






29. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.






30. The delivery of a pleading or other paper in a lawsuit to the opposing party.






31. A national paralegal association.






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






33. Evidence that supports previous testimony but that comes in a different form.






34. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.






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






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






37. The failure of an attorney to act reasonably.






38. General principles that guide the courts in their interpretation of statutes.






39. The process of organizing statutes by subject matter.






40. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.






41. 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.






42. 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.






43. Voluntarily and knowingly subjecting oneself to danger.






44. Cases that involve different facts and/or rules of law.






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






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






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






48. An opinion that agrees with the majority's result but disagrees with its reasoning.






49. A business run by two or more persons as co-owners.






50. Land and objects permanently attached to land.