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 theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.






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






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






4. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.






5. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.






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






7. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.






8. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.






9. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.






10. 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.






11. Money is awarded to a plaintiff in payment for his or her actual losses.






12. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.






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






14. A special type of joint tenancy applicable only to married couples.






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






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






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






18. 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.






19. A term used to describe two cases that are almost identical - with similar facts and legal issues.






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






21. A fee calculated as a percentage of the settlement or award in the case.






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






23. Law that deals with harm to society as a whole.






24. 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.






25. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.






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






27. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.






28. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.






29. Evidence that suggests the defendant's guilt.






30. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.






31. Rules and regulations created by administrative agencies.






32. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.






33. When the defendant does not have sufficient money or other assets to pay the judgment.






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






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






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






37. A provision in a deed that prohibits specified uses of the property.






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






39. 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.






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






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






42. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.






43. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.






44. Violation of a statute as proof of negligence






45. The process of properly identifying and authenticating evidence so that it can be introduced.






46. Court decisions from a higher court in the same jurisdiction.






47. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.






48. The rules whereby all members of a law firm are treated as though they had represented the former client.






49. 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






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