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. The party in a case against whom an appeal has been filed.






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






3. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.






4. 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.






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






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






7. A court's power to hear any type of case arising within its geographical area.






8. 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.






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






10. A computerized database that contains key information about the content of documents - such as medical records.






11. The transfer of a case from one state court to a federal court.






12. Something of value exchanged to form the basis of a contract.






13. A method for excusing a prospective juror; no reason need be given.






14. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.






15. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.






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






17. The educated ability to apply law to specific facts.






18. Law dealing with ownership.






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






20. In logic - a belief that justifies one in arguing a conclusion.






21. The final paragraph in a written legal analysis that summarizes the writer's conclusions.






22. 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.






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






24. A worldwide network of computer networks.






25. Occurs when the police restrain a person's freedom and charge the person with a crime.






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






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






28. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne






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






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






31. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.






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






33. Land and objects permanently attached to land.






34. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.






35. A canon of construction meaning 'of the same class.:






36. The number of hours - or parts of an hour - that can be charged to a specific client.






37. 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.






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






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






40. The publication of false statements that harm a person's reputation.






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






42. The questioning of an opposing witness.






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






44. The power of a court to force a person to appear before it.






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






46. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.






47. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






48. 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.






49. 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.






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