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






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






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






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. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






6. The new legal principle established by a court opinion.






7. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.






8. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.






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






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






11. A statement in a judicial opinion not necessary for the decision of the case.






12. An approach whereby the courts give a statute a broad interpretation.






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






14. 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.






15. All property that is not real property.






16. 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.






17. A temporary transfer of personal property to someone other than the owner for a specified purpose.






18. Also known as real estate; land and items growing on or permanently attached to that land.






19. Written questions sent by one side to the opposing side - answered under oath.






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






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






22. A book that contains court opinion headnotes arranged by subject matter.






23. Court decisions from a higher court in the same jurisdiction.






24. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.

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25. The rule that in order to claim self-defense there must have been no possibility of retreat.






26. When only one court has the power to hear a case.






27. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.






28. Rules and regulations created by administrative agencies.






29. 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






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






31. 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






32. Evidence that is derived from an illegal search or interrogation is inadmissible.






33. The pretrial oral questioning of a witness under oath.






34. A public or private statement that an attorney's conduct violated the code of ethics.






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






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






37. An approach whereby the courts give a statute a narrow interpretation.






38. An opinion that agrees with the majority's result but disagrees with the reasoning.






39. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.






40. The pleading that begins a lawsuit.






41. 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.






42. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.






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






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






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






46. Rules of conduct promulgated and enforced by the government.






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






48. 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.






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






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