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 group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.






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






3. Law that creates rights and duties.






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






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






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






7. 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.






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






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






10. Any tangible object - like a bloody glove.






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






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






13. An opinion that disagrees with the majority's decision and its reasoning.






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






15. The rule that in order to claim self-defense there must have been no possibility of retreat.






16. Bad act.






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






18. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.






19. 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).






20. 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.






21. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.






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






23. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.






24. 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.






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






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






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






28. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.






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






30. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.






31. 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.






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






33. 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.






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






35. A request that the court release the defendant because of the illegality of the incarceration.






36. The pleading that begins a lawsuit.






37. Cases that involve different facts and/or rules of law.






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






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






40. A statute that changes the common law.






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






42. An opinion in which a majority of the court joins.






43. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.






44. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.






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






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






47. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.






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






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






50. 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.