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 party in a lawsuit against whom an appeal has been filed.






2. The pleading that begins a lawsuit.






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






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






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






6. 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.






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






8. Money or something else of value that is held by the government to ensure the defendant's appearance in court.






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






10. 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.






11. The rules whereby all members of a law firm are treated as though they had represented the former client.






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






13. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.






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






15. 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.






16. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.






17. Questions that suggest the answer.






18. When an appellate court overturns or negates the decision of a lower court.






19. A court's power to review statutes to decide if they conform to the federal or a state constitution.






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






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






22. 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.






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






24. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.






25. 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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26. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.






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






28. A defense whereby the defendant offers new evidence to avoid judgment.






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






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






31. A requirement that a party fulfill his or her contractual obligations.






32. 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.






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






34. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.






35. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.






36. 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.






37. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance






38. A provision that purports to waive liability.






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






40. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.






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






42. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.






43. The first ten amendments to the U.S. Constitution.






44. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.






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






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






47. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.






48. Land and objects permanently attached to land.






49. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.






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