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






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






3. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






4. 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.






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






6. 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.






7. An issue that the court has never faced before.






8. A request made to the court.






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






10. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.






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






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






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






14. 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.






15. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.






16. 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.






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






18. 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.






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






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






21. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.






22. 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.






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






24. A warrant that allows the police to enter without announcing their presence in advance.






25. 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.






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






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






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






29. 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.






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






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






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






33. Violation of a statute as proof of negligence






34. The questioning of an opposing witness.






35. 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






36. An intentional act that creates a harmful or offensive physical contact.






37. 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.






38. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.






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






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






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






42. A method for excusing a prospective juror; no reason need be given.






43. Written questions sent by one side to the opposing side - answered under oath.






44. Bad act.






45. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.






46. A national association of paralegal associations.






47. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.






48. Books that contain appellate court decisions. There are both official and unofficial reporters.






49. A law promulgated by an administrative agency.






50. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.