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 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.






2. In a case brief - facts that deal with what happened to the parties before the litigation began.






3. Consists of the description of events that a witness testifies to under oath in a legal proceeding.






4. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.






5. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.






6. A repeat offender; one who continues to commit more crimes.






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






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






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






10. Land and objects permanently attached to land.






11. An agreement supported by consideration.






12. 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.






13. Establishes a direct link to the event that must be proven.






14. The rule requiring that the original document be produced at trial.






15. When a higher court agrees with what lower court has done.






16. Representing someone who is in a position adverse to a prior client.






17. 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.






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






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






20. 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.






21. The pleading that begins a lawsuit.






22. A computerized database that contains key information about the content of documents - such as medical records.






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






24. 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.






25. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.






26. 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.






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






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






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






30. A judicial philosophy that supports an active role for the judiciary in changing the law.






31. A person who permits or directs another person to act on the principal's behalf.






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






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






34. The purpose of the legislature at the time it enacted the statute.






35. 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.






36. 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.






37. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.






38. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).






39. Questions that suggest the answer.






40. A term used to describe a case that is similar to another case.






41. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.






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






43. The general jurisdiction trial courts in the federal system.






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






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






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






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






48. A statute that changes the common law.






49. The publication of false statements that harm a person's reputation.






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