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






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






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






4. The failure to act reasonably under the circumstances.






5. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.






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






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






8. The failure to act reasonably under the circumstances.






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






10. 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.






11. A national association of paralegal managers.






12. Questions relating to the interpretation or application of the law.






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






14. A request made to the court.






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






16. 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.






17. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.






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






19. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.






20. Generally - an emergency situation that allows a search to proceed without a warrant.






21. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.






22. A court order requiring a party to perform a specific act or to cease doing a specific act.






23. To perform.






24. 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.






25. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.






26. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.






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






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






29. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.






30. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.






31. 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.






32. The highest federal appellate court - consisting of nine appointed members.






33. Consists of the description of events that a witness testifies to under oath in a legal proceeding.






34. The party in a case who has initiated an appeal.






35. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.






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






37. When more than one court has jurisdiction to hear a case.






38. Cases that involve similar facts and rules of law.






39. A person who initiates an appeal.






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






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






42. A statute that changes the common law.






43. Evidence that supports previous testimony but that comes in a different form.






44. 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.






45. Voluntarily and knowingly subjecting oneself to danger.






46. In a case brief - facts that deal with what happened to the parties before the litigation began.






47. A statute establishing and setting out the powers of an administrative agency.






48. A warrant that allows the police to enter without announcing their presence in advance.






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






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