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






2. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.






3. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.






4. An introductory paragraph listing issues to be discussed in the order they are to be discussed.






5. The process of legislative enactment of areas of the law previously governed solely by the common law.






6. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.






7. Money or something else of value that is held by the government to ensure the defendant's appearance in court.






8. The chronological publication of statutes at the end of a legislative session.






9. Questions that suggest the answer.






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






11. A repeat offender; one who continues to commit more crimes.






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






13. An issue that the court has never faced before.






14. The process of properly identifying and authenticating evidence so that it can be introduced.






15. 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.






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






17. A statute that changes the common law.






18. A case listed in Shepard's that cites your case.






19. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne






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






21. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.






22. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.






23. A calendering system that records key dates and important deadlines.






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






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






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






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






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






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






30. A set charge for a specific service - such as drafting a simple will.






31. Evidence that is derived from an illegal search or interrogation is inadmissible.






32. 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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33. Simultaneously representing adverse clients.






34. 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.






35. 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.






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






37. 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.






38. A separable part of a statute that must be satisfied for the statute to apply.






39. Evidence that suggests the defendant's innocence.






40. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).






41. 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.






42. 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.






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






44. Not factually true - but accepted by the courts as being legally true.






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






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






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






48. 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.






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






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