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. Questions that suggest the answer.






2. Law that deals with harm to society as a whole.






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






4. A reason for invalidating a statute where it covers both protected and criminal activity.






5. Law that regulates how the legal system operates.






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






7. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.






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






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






10. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.






11. 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.






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






13. Evidence that suggests the defendant's innocence.






14. The failure to act reasonably under the circumstances.






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






16. The failure of an attorney to act reasonably.






17. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.






18. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.






19. 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.






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






21. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.






22. The new legal principle established by a court opinion.






23. A pamphlet inserted into the back of a book containing information new since the volume was published.






24. Land and objects permanently attached to land.






25. A defendant's plea meaning that the defendant neither admits nor denies the charges.






26. Law that deals with harm to an individual.






27. A situation in which a conflict of interest may arise in the future--for example - representing business partners.






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






29. Proof that the evidence is what it is said to be.






30. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a






31. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.






32. 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.






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






34. A business run by two or more persons as co-owners.






35. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.






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






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






38. 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.






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






40. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.






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






42. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.






43. 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.






44. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.






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






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






47. A statute that changes the common law.






48. Voluntarily and knowingly subjecting oneself to danger.






49. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.






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