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 decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.






2. 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.






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






4. A judgment entered against a party who fails to complete a required step - such as answering the complaint.






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






6. 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.






7. A court's power to review statutes to decide if they conform to the federal or a state constitution.






8. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.






9. Evidence that supports previous testimony but that comes in a different form.






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






11. The intermediate appellate courts in the federal system.






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






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






14. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.






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






16. Law that regulates how the legal system operates.






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






18. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.






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






20. The educated ability to apply law to specific facts.






21. 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.






22. 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.






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






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






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






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






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






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






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






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






31. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.






32. Questions that suggest the answer.






33. 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).






34. A provision in a deed that prohibits specified uses of the property.






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






36. A national association of paralegal managers.






37. In a case brief - the general legal principle in existence before the case began.






38. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.






39. A judicial philosophy that supports an active role for the judiciary in changing the law.






40. A term used to describe two cases that are almost identical - with similar facts and legal issues.






41. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.






42. The application of legal rules to a client's specific factual situation; also known as legal analysis.






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






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






45. 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.






46. Information about the law - such as that contained in encyclopedias and law review articles.






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






48. Simultaneously representing adverse clients.






49. A national association of paralegal associations.






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