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 provision that purports to waive liability.






2. A right to use property owned by another for a limited purpose.






3. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.






4. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.






5. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






6. Located in most codified statutes - this table lists statutes by their popular names along with their citations.






7. The division of governmental power among the legislative - executive - and judicial branches.






8. A trial court error that is not sufficient to warrant reversing the decision.






9. The requirement that relief be sought from an administrative agency before proceeding to court.






10. 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.






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






12. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.






13. A tort committed by one who intends to do the act that creates the harm.






14. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.






15. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.






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






17. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.






18. The process of organizing statutes by subject matter.






19. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






20. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.






21. Violation of a statute as proof of negligence






22. Monetary compensation - including compensatory - punitive - and nominal damages.






23. Including more than one count in a complaint; the counts do not need to be consistent.






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






25. The opinion of a jury on a question of fact.






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






27. Disregarding a substantial and unjustifiable risk that harm will result.






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






29. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.






30. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.






31. The law itself - such as statutes and court opinions.






32. A witness who has not been shown to have any special expertise.






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






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






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






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






37. In a complaint - one cause of action.






38. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.






39. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.






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






41. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.






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






43. A statute that changes the common law.






44. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information






45. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.






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






47. The rules whereby all members of a law firm are treated as though they had represented the former client.






48. When an appellate court overturns or negates the decision of a lower court.






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






50. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.