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 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.






2. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.






3. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.






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






5. The tort theory that an employer can be sued for the negligent acts of its employees.






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






7. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.






8. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.






9. An approach whereby the courts give a statute a broad interpretation.






10. A judgment entered against a party who fails to complete a required step - such as answering the complaint.






11. In a complaint - one cause of action.






12. 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






13. In a case brief - the general legal principle in existence before the case began.






14. 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.






15. The process of legislative enactment of areas of the law previously governed solely by the common law.






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






17. 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.






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






19. The law itself - such as statutes and court opinions.






20. Occurs when the police restrain a person's freedom and charge the person with a crime.






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






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






23. The questioning of an opposing witness.






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






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






26. Bad act.






27. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.






28. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.






29. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.






30. 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.






31. The judge informs the jurors of the law they need to know to make their decision.






32. Cases that involve similar facts and rules of law.






33. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.






34. 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.






35. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.






36. When more than one court has jurisdiction to hear a case.






37. Voluntarily and knowingly subjecting oneself to danger.






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






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






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






41. A trial court error that is not sufficient to warrant reversing the decision.






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






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






44. Generally - an emergency situation that allows a search to proceed without a warrant.






45. 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.






46. 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.






47. Evidence that is derived from an illegal search or interrogation is inadmissible.






48. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.






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






50. Violation of a statute as proof of negligence