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 meeting of the attorneys and the judge prior to the beginning of the trial.






2. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.






3. Governmental publication of court opinions.






4. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.






5. Including more than one count in a complaint; the counts do not need to be consistent.






6. The failure of an attorney to act reasonably.






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






8. A law promulgated by an administrative agency.






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






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






11. A request that the court release the defendant because of the illegality of the incarceration.






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






13. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.






14. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.






15. In logic - a belief that justifies one in arguing a conclusion.






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






17. A case listed in Shepard's that cites your case.






18. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.






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






20. A reason for invalidating a statute where it covers both protected and criminal activity.






21. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






22. 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.






23. Representing someone who is in a position adverse to a prior client.






24. Money is awarded to a plaintiff in payment for his or her actual losses.






25. A canon of construction meaning 'of the same class.:






26. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.






27. Questions relating to what happened: who - what - when - where - and how.






28. In a complaint - one cause of action.






29. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






30. The division of governmental power among the legislative - executive - and judicial branches.






31. A statement in a judicial opinion not necessary for the decision of the case.






32. To perform.






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






34. A special type of joint tenancy applicable only to married couples.






35. A decision is reversed when an appellate court overturns or negates the decision of a lower court.






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






37. A suspicion based on specific facts; less than probable cause.






38. 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.






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






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






41. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.






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






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






44. 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.






45. 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.






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






47. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.






48. Information about the law - such as that contained in encyclopedias and law review articles.






49. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.






50. A set of standardized jury instructions.