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






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






3. The person who is being asked questions at a deposition.






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






5. Standard used by appellate courts when reviewing a trial court's findings of fact.






6. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.






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






8. An opinion that disagrees with the majority's decision and its reasoning.






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






10. Courts that determine whether lower courts have made errors of law.






11. Any tangible object - like a bloody glove.






12. When an appellate court that normally sits in panels sits as a whole.






13. Consists of records - contracts - leases - wills - and other written instruments.






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






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






17. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.






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






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






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






21. Court decisions from a higher court in the same jurisdiction.






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






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






24. The tort theory that an employer can be sued for the negligent acts of its employees.






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






26. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.






27. A national voluntary organization of lawyers.






28. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.






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 party in a case against whom an appeal has been filed.






31. 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.






32. 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.






33. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.






34. Consists of the description of events that a witness testifies to under oath in a legal proceeding.






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






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






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






38. 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.






39. 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.






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






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






42. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.






43. The delivery of a pleading or other paper in a lawsuit to the opposing party.






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






45. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






46. 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.






47. 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.






48. 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.






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






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