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






2. The failure to act reasonably under the circumstances.






3. Court decisions from a higher court in the same jurisdiction.






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






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






6. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.






7. The power of government to take private property for public purposes.






8. A requirement that a party fulfill his or her contractual obligations.






9. Establishes a direct link to the event that must be proven.






10. A court's power to hear any type of case arising within its geographical area.






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






12. 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).






13. A national organization of paralegal programs that promotes high standards for paralegal education.






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






15. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.






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






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






18. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.






19. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.






20. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.






21. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






22. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.






23. 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.






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






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






26. A decision is reversed when an appellate court overturns or negates the decision of a lower court.






27. Liability without a showing of fault.






28. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.






29. 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.






30. The tenant's right to be free from interference from the landlord with respect to how the property is used.






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






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






33. When a higher court agrees with what lower court has done.






34. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.






35. An act by a landlord that makes the premises unfit or unsuitable for occupancy.






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






37. The modern pretrial procedure by which one party gains information from the adverse party.






38. Occurs when the police restrain a person's freedom and charge the person with a crime.






39. 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.






40. 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.






41. A summary of a court opinion that appears at the beginning of the case.






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






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






44. A court order requiring a person to appear to testify at a trial or deposition.






45. The rule requiring that the original document be produced at trial.






46. 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.






47. 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






48. Standard used by appellate courts when reviewing a trial court's findings of fact.






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






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