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






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






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






4. Representing someone who is in a position adverse to a prior client.






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






6. A defendant's personal promise to appear in court.






7. 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.






8. Questions relating to what happened: who - what - when - where - and how.






9. A bank account used to hold money belonging to the client or to a third party.






10. A national voluntary organization of lawyers.






11. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.






12. The general jurisdiction trial courts in the federal system.






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






14. Information that can be presented in a court of law as proof of some fact.






15. The process of organizing statutes by subject matter.






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






17. The number of hours - or parts of an hour - that can be charged to a specific client.






18. Evidence that does not add any new information but that confirms facts that already have been established.






19. In a case brief - facts that deal with what happened to the parties before the litigation began.






20. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.






21. Something of value exchanged to form the basis of a contract.






22. The questioning of an opposing witness.






23. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.






24. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.






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






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






27. A statement in a judicial opinion not necessary for the decision of the case.






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






29. When a person must be brought into a lawsuit as either a plaintiff or a defendant.






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






31. When the defendant does not have sufficient money or other assets to pay the judgment.






32. 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.






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






34. To perform.






35. When an appellate court sends a case back to the trial court for a new trial or other action.






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






37. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.






38. 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.






39. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.






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






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






42. Governmental publication of court opinions.






43. A defense whereby the defendant offers new evidence to avoid judgment.






44. A canon of construction meaning 'of the same class.:






45. 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).






46. 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.






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






48. A set of standardized jury instructions.






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






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