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. The power of a court to hear a case.






2. A temporary transfer of personal property to someone other than the owner for a specified purpose.






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






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






5. A tangible object or a right or ownership interest.






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






7. A national paralegal association.






8. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.






9. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.






10. 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.






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






12. The questioning of your own witness.






13. A token sum awarded when liability has been found but monetary damages cannot be shown.






14. 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.






15. A provision that purports to waive liability.






16. 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.






17. When the law is applied to the client's facts and the result is not obvious - an issue is created.






18. Generally - an emergency situation that allows a search to proceed without a warrant.






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






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






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






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






23. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.






24. A set of standardized jury instructions.






25. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.






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






27. The failure of an attorney to act reasonably.






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






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






31. A court's prior permission for the police to search and seize.






32. 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.






33. 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.






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






35. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.






36. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.






37. 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






38. 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.






39. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information






40. 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.






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






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






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






44. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.






45. A request that the court release the defendant because of the illegality of the incarceration.






46. 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.






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






48. A document that lists statements regarding specific items for the other party to admit or deny.






49. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.






50. Consists of records - contracts - leases - wills - and other written instruments.