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 national voluntary organization of lawyers.






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






3. Information that can be presented in a court of law as proof of some fact.






4. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.






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






6. The application of legal rules to a client's specific factual situation; also known as legal analysis.






7. A defense requiring proof that the defendant was not mentally responsible.






8. A method for excusing a prospective juror; no reason need be given.






9. A national association of paralegal associations.






10. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.






11. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.






12. In a case brief - facts that deal with what happened to the parties before the litigation began.






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






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






15. The failure to act reasonably under the circumstances.






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






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






18. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.






19. 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.






20. 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.






21. Law dealing with ownership.






22. The intermediate appellate courts in the federal system.






23. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.






24. The publication of false statements that harm a person's reputation.






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






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






27. When a higher court agrees with what lower court has done.






28. The process of finding the law.






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






30. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.






31. A fee calculated as a percentage of the settlement or award in the case.






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






33. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.






34. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.






35. Evidence that supports previous testimony but that comes in a different form.






36. Indirect evidence - used to prove facts by implication.






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






38. 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.






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






40. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.






41. A suspicion based on specific facts; less than probable cause.






42. When an appellate court overturns or negates the decision of a lower court.






43. 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.






44. 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.






45. Books that contain appellate court decisions. There are both official and unofficial reporters.






46. 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.






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






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






49. An agreement supported by consideration.






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