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






2. 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.






3. Rules and regulations created by administrative agencies.






4. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.






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






6. A person who initiates a lawsuit.






7. A national association of paralegal managers.






8. A defense requiring proof that the defendant was not mentally responsible.






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






10. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.






11. Evidence that suggests the defendant's guilt.






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






13. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.






14. '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.






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






16. The chronological publication of statutes at the end of a legislative session.






17. Bad intent.






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






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






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






21. Evidence that suggests the defendant's innocence.






22. 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.






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






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






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






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






27. When an appellate court sends a case back to the trial court for a new trial or other action.






28. A statute establishing and setting out the powers of an administrative agency.






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






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






31. 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.






32. A form in which statutes are published; they are printed individually at the time they are first enacted.






33. Violation of a statute as proof of negligence






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






35. 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.






36. Disregarding a substantial and unjustifiable risk that harm will result.






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






38. A document that lists statements regarding specific items for the other party to admit or deny.






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






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






41. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.






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






43. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.






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






45. Generally accepted legal principles.






46. The justified use of force to protect oneself or others.






47. A pamphlet inserted into the back of a book containing information new since the volume was published.






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






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






50. A canon of construction meaning 'of the same class.: