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






2. Federal and state rules that regulate how criminal proceedings are conducted.






3. Standard used by appellate courts when reviewing a trial court's findings of fact.






4. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.






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






6. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.






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






8. 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.






9. A separable part of a statute that must be satisfied for the statute to apply.






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






11. 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.






12. 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.






13. Monetary compensation - including compensatory - punitive - and nominal damages.






14. Summary of one legal point in a court opinion; written by the editors at West.






15. A law enacted by a state legislature or by Congress.






16. Evidence that suggests the defendant's guilt.






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






18. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.






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






20. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.






21. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.






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






23. A statute that changes the common law.






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






25. The requirement that relief be sought from an administrative agency before proceeding to court.






26. Law that creates rights and duties.






27. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.






28. 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.






29. Being informed of some act done or about to be done.






30. 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.






31. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.






32. A right to use property owned by another for a limited purpose.






33. A calendering system that records key dates and important deadlines.






34. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.






35. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.






36. 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).






37. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.






38. Violation of a statute as proof of negligence






39. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.

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






41. Law that deals with harm to an individual.






42. 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.






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






44. A defendant's plea meaning that the defendant neither admits nor denies the charges.






45. A national association of paralegal associations.






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






47. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00






48. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.






49. A court order authorizing a sheriff to take property in order to enforce a judgment.






50. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.