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 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.






2. A business run by two or more persons as co-owners.






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






4. Something of value exchanged to form the basis of a contract.






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






6. The party in a case who has initiated an appeal.






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






8. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.






9. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.






10. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.






11. 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.

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


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






13. A person who initiates a lawsuit.






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






15. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.






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






17. Money is awarded to a plaintiff in payment for his or her actual losses.






18. 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.






19. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.






20. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.






21. The tenant's right to be free from interference from the landlord with respect to how the property is used.






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






23. The first ten amendments to the U.S. Constitution.






24. 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.






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






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






27. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.






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






29. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.






30. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.






31. 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.






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






33. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.






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






35. A provision that purports to waive liability.






36. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.






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






38. A national paralegal association.






39. The intermediate appellate courts in the federal system.






40. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.






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






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






43. A request that the court prohibit the use of certain evidence at the trial.






44. A reason for invalidating a statute where it covers both protected and criminal activity.






45. A bank account used to hold money belonging to the client or to a third party.






46. A court's power to hear only specialized cases.






47. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.






48. The opinion of a jury on a question of fact.






49. The pretrial oral questioning of a witness under oath.






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