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. 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.






2. A trial conducted without a jury.






3. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.






4. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.






5. A repeat offender; one who continues to commit more crimes.






6. A defense requiring proof that the defendant was not mentally responsible.






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






8. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.






9. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.






10. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.






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






12. 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.






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






14. A court's prior permission for the police to search and seize.






15. The process of organizing statutes by subject matter.






16. A suspicion based on specific facts; less than probable cause.






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






18. All property that is not real property.






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






20. 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.






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






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






23. The failure of an attorney to act reasonably.






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






25. A person who initiates an appeal.






26. The person who is being asked questions at a deposition.






27. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.






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






29. 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.






30. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.






31. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.






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






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






34. The process of properly identifying and authenticating evidence so that it can be introduced.






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






36. A judicial philosophy that supports an active role for the judiciary in changing the law.






37. 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.






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






39. Courts that determine whether lower courts have made errors of law.






40. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.






41. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.






42. A situation in which a conflict of interest may arise in the future--for example - representing business partners.






43. 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.






44. A term used to describe two cases that are almost identical - with similar facts and legal issues.






45. Bad act.






46. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.






47. A national paralegal association.






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






49. A bank account used to hold money belonging to the client or to a third party.






50. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.