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






2. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.






3. 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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4. Used to describe legislation that changes the common law.






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






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






7. Indirect evidence - used to prove facts by implication.






8. Law that creates rights and duties.






9. The educated ability to apply law to specific facts.






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






11. A request that the court prohibit the use of certain evidence at the trial.






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






13. The result reached in a particular case.






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






15. A grand jury's written accusation that a given individual has committed a crime.






16. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.






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






18. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.






19. The reference to a particular page within an opinion.






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






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






22. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.






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






24. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.






25. A person who initiates an appeal.






26. 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.






27. 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.






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






29. The power of government to take private property for public purposes.






30. 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.






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






32. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.






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






34. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.






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






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






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






38. A request made to the court.






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






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






41. A summary of a court opinion that appears at the beginning of the case.






42. 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.






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






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






45. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.






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






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






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






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






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