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. Specific questions that usually demand very short or yes-no answers.






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






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






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






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






6. 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.






7. Occurs when the police restrain a person's freedom and charge the person with a crime.






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






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






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






11. Bad act.






12. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.






13. Violation of a statute as proof of negligence






14. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.






15. The questioning of your own witness.






16. In a case brief - the general legal principle in existence before the case began.






17. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.






18. A judgment entered against a party who fails to complete a required step - such as answering the complaint.






19. Disregarding a substantial and unjustifiable risk that harm will result.






20. A law promulgated by an administrative agency.






21. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.






22. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.






23. A public or private statement that an attorney's conduct violated the code of ethics.






24. The process of legislative enactment of areas of the law previously governed solely by the common law.






25. A grand jury's written accusation that a given individual has committed a crime.






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






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






28. 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.






29. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.






30. A requirement that a party fulfill his or her contractual obligations.






31. A request made to the court.






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






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






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






35. The power of a court to hear a particular type of case.






36. A national voluntary organization of lawyers.






37. The revocation of an attorney's license.






38. The status of having received a certificate documenting that the person has successfully completed an educational program.






39. A worldwide network of computer networks.






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






41. 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.






42. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a






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






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






45. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.






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






47. Voluntarily and knowingly subjecting oneself to danger.






48. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.






49. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.






50. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.