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. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.






2. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00






3. Bad intent.






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






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






6. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.






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






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






9. A book that contains court opinion headnotes arranged by subject matter.






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






11. 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.






12. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.






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






14. Law that regulates how the legal system operates.






15. 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.






16. A provision that purports to waive liability.






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






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






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






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






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






22. A law promulgated by an administrative agency.






23. An opinion that disagrees with the majority's decision and its reasoning.






24. 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.






25. Information that can be presented in a court of law as proof of some fact.






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






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






28. A law enacted by a state legislature or by Congress.






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






30. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.






31. Evidence that supports previous testimony but that comes in a different form.






32. A court's power to hear only specialized cases.






33. A right to use property owned by another for a limited purpose.






34. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.






35. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.






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






37. A witness who possesses skill and knowledge beyond that of the average person.






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






39. The revocation of an attorney's license.






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






41. The pretrial oral questioning of a witness under oath.






42. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.






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






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






45. Someone who has the power to act in the place of another.






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






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






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






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






50. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.