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






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






3. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.






4. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.






5. 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.






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






7. A claim by the defendant against the plaintiff.






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






9. 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.

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10. Someone who has the power to act in the place of another.






11. 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.






12. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.






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






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






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






16. A person who initiates a lawsuit.






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






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






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






20. The purpose of the legislature at the time it enacted the statute.






21. A national association of paralegal managers.






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






23. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.






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






25. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.






26. A pamphlet inserted into the back of a book containing information new since the volume was published.






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






28. A witness who possesses skill and knowledge beyond that of the average person.






29. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.






30. The highest federal appellate court - consisting of nine appointed members.






31. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.






32. 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.






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






34. Used to describe legislation that changes the common law.






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






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






37. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.






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






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






40. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.






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






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






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






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






45. A statute that changes the common law.






46. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.






47. 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.






48. 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.






49. The division of governmental power among the legislative - executive - and judicial branches.






50. 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.