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 process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.






2. An opinion in which a majority of the court joins.






3. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.






4. Proof that the evidence is what it is said to be.






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






6. 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.






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






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






9. Any tangible object - like a bloody glove.






10. Something of value exchanged to form the basis of a contract.






11. A person who initiates an appeal.






12. A calendering system that records key dates and important deadlines.






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






14. Used to describe legislation that changes the common law.






15. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.






16. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






17. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.






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






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






20. 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






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






22. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.






23. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information






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






25. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.






26. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.






27. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.






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






29. The general jurisdiction trial courts in the federal system.






30. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.






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






32. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).






33. The modern pretrial procedure by which one party gains information from the adverse party.






34. The party in a case against whom an appeal has been filed.






35. A public or private statement that an attorney's conduct violated the code of ethics.






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






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






38. 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.






39. 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.






40. A person who initiates a lawsuit.






41. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.






42. '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.






43. A court order requiring a party to perform a specific act or to cease doing a specific act.






44. A national paralegal association.






45. A defense requiring proof that the defendant would not have committed the crime but for police trickery.






46. 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.






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






48. Specific questions that usually demand very short or yes-no answers.






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






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