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 more than one court has jurisdiction to hear a case.






2. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.






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






4. An agreement supported by consideration.






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






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






7. The power of government to take private property for public purposes.






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






9. A court order requiring a person to appear to testify at a trial or deposition.






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






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






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






13. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.






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






15. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.






16. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.






17. The questioning of your own witness.






18. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






19. 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.






20. Liability without a showing of fault.






21. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.






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






23. Used to describe legislation that changes the common law.






24. Simultaneously representing adverse clients.






25. A compilation of federal administrative regulations arranged by agency.






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






27. The educated ability to apply law to specific facts.






28. 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).






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






30. 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.






31. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.






32. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.






33. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.






34. The transfer of a case from one state court to a federal court.






35. A meeting of the attorneys and the judge prior to the beginning of the trial.






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






37. The process of organizing statutes by subject matter.






38. Voluntarily and knowingly subjecting oneself to danger.






39. Not factually true - but accepted by the courts as being legally true.






40. Evidence that does not add any new information but that confirms facts that already have been established.






41. 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.






42. The power of a court to hear a case.






43. A reason for invalidating a statute where it covers both protected and criminal activity.






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






45. An opinion that agrees with the majority's result but disagrees with its reasoning.






46. Rules and regulations created by administrative agencies.






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






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






49. A witness who possesses skill and knowledge beyond that of the average person.






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