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. In a case brief - the rule of law applied to the case's specific facts.






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






3. The rules whereby all members of a law firm are treated as though they had represented the former client.






4. 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.






5. Rules of conduct promulgated and enforced by the government.






6. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.






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






8. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.






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






10. Evidence that suggests the defendant's guilt.






11. Law that regulates how the legal system operates.






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






13. Representing someone who is in a position adverse to a prior client.






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






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






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






17. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.






18. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.






19. The papers that begin a lawsuit-generally - the complaint and the answer.






20. To perform.






21. Being informed of some act done or about to be done.






22. A national association of paralegal managers.






23. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.






24. Also known as real estate; land and items growing on or permanently attached to that land.






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






26. 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.






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






28. General principles that guide the courts in their interpretation of statutes.






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






30. A witness who has not been shown to have any special expertise.






31. Questions relating to the interpretation or application of the law.






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






33. When a person must be brought into a lawsuit as either a plaintiff or a defendant.






34. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.






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






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






37. A court order requiring a party to perform a specific act or to cease doing a specific act.






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






39. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.






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






41. A person who permits or directs another person to act on the principal's behalf.






42. 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.






43. When an appellate court sends a case back to the trial court for a new trial or other action.






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






45. Law that deals with harm to a person or a person's property.






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






47. The reference to a particular page within an opinion.






48. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.






49. 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






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