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 paralegal association.






2. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.






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






4. A defendant's personal promise to appear in court.






5. Federal and state rules that govern the admissibility of evidence in court.






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






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






8. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.






9. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.






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






11. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.






12. Bad intent.






13. Also known as real estate; land and items growing on or permanently attached to that land.






14. Consists of records - contracts - leases - wills - and other written instruments.






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






16. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.






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






18. An actual incident or condition; not a legal consequence.






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






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






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






22. 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.






23. A determination that an attorney may not practice law for a set period of time.






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






25. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.






26. The highest federal appellate court - consisting of nine appointed members.






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






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






29. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.






30. A judicial philosophy that supports an active role for the judiciary in changing the law.






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






32. The power of the federal courts to hear matters of federal law.






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






34. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.






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






36. 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.






37. An agreement supported by consideration.






38. A constitutional protection against being tried twice for the same crime.






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






40. 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.






41. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.






42. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.






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






44. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.






45. 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.






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






47. Located in most codified statutes - this table lists statutes by their popular names along with their citations.






48. The papers that begin a lawsuit-generally - the complaint and the answer.






49. A computerized database that contains the full text of documents - such as court opinions or depositions.






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