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 constitutional protection against being tried twice for the same crime.






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






3. An advance or down payment that is given to engage the services of an attorney.






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






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






6. 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.






7. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.






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






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






10. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.






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






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






13. When more than one court has jurisdiction to hear a case.






14. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.






15. The revocation of an attorney's license.






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






17. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.






18. 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.






19. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.






20. All property that is not real property.






21. 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.






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






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






24. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.






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






26. 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.






27. Including more than one count in a complaint; the counts do not need to be consistent.






28. The court's power to review statutes to decide whether they conform to the Constitution.






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






30. 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.






31. 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.






32. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.






33. 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.






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






35. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.






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






37. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.






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






39. The final paragraph in a written legal analysis that summarizes the writer's conclusions.






40. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.






41. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.






42. 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.






43. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.






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






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






46. A request that the court release the defendant because of the illegality of the incarceration.






47. Law dealing with ownership.






48. The process of finding the law.






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






50. Bad intent.