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. Cases that involve similar facts and rules of law.






2. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.






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






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






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






6. Simultaneously representing adverse clients.






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






8. Rules and regulations created by administrative agencies.






9. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.






10. Someone who has the power to act in the place of another.






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






12. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.






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






14. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.






15. Questions that suggest the answer.






16. In a case brief - the general legal principle in existence before the case began.






17. Money is awarded to a plaintiff in payment for his or her actual losses.






18. 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.






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






20. 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.






21. All property that is not real property.






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






23. A constitutional protection against being tried twice for the same crime.






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






25. 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).






26. An intentional act that creates a harmful or offensive physical contact.






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






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






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






30. 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






31. Law dealing with ownership.






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. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.






34. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.






35. A set of standardized jury instructions.






36. Land and objects permanently attached to land.






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






38. 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.






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






40. In a complaint - one cause of action.






41. Violation of a statute as proof of negligence






42. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.






43. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.






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






45. Law that deals with harm to an individual.






46. Without the need for a warrant - the police may seize objects that are openly visible.






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






48. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00






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






50. A national association of paralegal managers.