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






2. A court order authorizing a sheriff to take property in order to enforce a judgment.






3. 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.






4. A request that the court order that certain information not be mentioned in the presence of the jury.






5. The papers that begin a lawsuit-generally - the complaint and the answer.






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






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






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






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






10. 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.






11. 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.






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






13. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.






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






15. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.






16. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.






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






18. 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.






19. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.






20. The court's power to review statutes to decide whether they conform to the Constitution.






21. A determination that an attorney may not practice law for a set period of time.






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






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






24. A document that lists statements regarding specific items for the other party to admit or deny.






25. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.






26. Money or something else of value that is held by the government to ensure the defendant's appearance in court.






27. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.






28. The judge informs the jurors of the law they need to know to make their decision.






29. 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).






30. An agreement supported by consideration.






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






32. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.






33. Federal and state rules that regulate how criminal proceedings are conducted.






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






35. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.






36. The justified use of force to protect oneself or others.






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






38. Books that contain appellate court decisions. There are both official and unofficial reporters.






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






40. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.






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






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






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






44. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.






45. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.






46. A statute that changes the common law.






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






48. '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.






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






50. Liability without a showing of fault.