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 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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2. 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.






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






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






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






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






7. In a case brief - the rule of law applied to the case's specific facts.






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






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






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






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






12. A constitutional protection against being tried twice for the same crime.






13. 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.






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






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






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






17. 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.






18. The intermediate appellate courts in the federal system.






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






20. A court opinion that establishes new law in an important area.






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






22. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.






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






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






25. Evidence that suggests the defendant's guilt.






26. 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.






27. A pamphlet inserted into the back of a book containing information new since the volume was published.






28. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.






29. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.






30. Law dealing with ownership.






31. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.






32. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.






33. An agreement supported by consideration.






34. The failure of an attorney to act reasonably.






35. All property that is not real property.






36. Someone who has the power to act in the place of another.






37. 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.






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






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






40. An introductory paragraph listing issues to be discussed in the order they are to be discussed.






41. The questioning of your own witness.






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






43. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.






44. A witness who has not been shown to have any special expertise.






45. 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.






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






47. A person who initiates an appeal.






48. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.






49. A computerized database that contains the full text of documents - such as court opinions or depositions.






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