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






2. 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.






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






4. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.






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






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






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






8. Courts that determine the facts and apply the law to the facts.






9. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.






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






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






12. Law that creates rights and duties.






13. The power of the federal courts to hear matters of federal law.






14. A term used to describe a case that is similar to another case.






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






16. A court order authorizing a sheriff to take property in order to enforce a judgment.






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






18. 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.






19. 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.






20. The questioning of your own witness.






21. 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.






22. The rule requiring that the original document be produced at trial.






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






24. A national paralegal association.






25. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.






26. A national association of paralegal managers.






27. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.






28. All property that is not real property.






29. A summary of one legal point in a court opinion; written by the editors at West.






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






31. A national association of paralegal associations.






32. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne






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






34. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.






35. A request that the court order that certain information not be mentioned in the presence of the jury.






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






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






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






39. The law itself - such as statutes and court opinions.






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






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






42. A form in which statutes are published; they are printed individually at the time they are first enacted.






43. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.






44. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.






45. A special type of joint tenancy applicable only to married couples.






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






47. Bad act.






48. Establishes a direct link to the event that must be proven.






49. The process of organizing statutes by subject matter.






50. A request made to the court.