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. Representing someone who is in a position adverse to a prior client.






2. A right to use property owned by another for a limited purpose.






3. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.






4. Information about the law - such as that contained in encyclopedias and law review articles.






5. Violation of a statute as proof of negligence






6. An agreement supported by consideration.






7. Bad intent.






8. A provision in a deed that prohibits specified uses of the property.






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






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






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






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






14. 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.






15. 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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16. A special type of joint tenancy applicable only to married couples.






17. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.






18. The failure to act reasonably under the circumstances.






19. All property that is not real property.






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






21. A set charge for a specific service - such as drafting a simple will.






22. A court order requiring a person to appear to testify at a trial or deposition.






23. A national association of paralegal managers.






24. An advance or down payment that is given to engage the services of an attorney.






25. 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.






26. A reason for invalidating a statute where it covers both protected and criminal activity.






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






28. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.






29. A set of standardized jury instructions.






30. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.






31. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.






32. The questioning of an opposing witness.






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






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






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






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






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






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






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






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






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






42. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.






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






44. A fee calculated as a percentage of the settlement or award in the case.






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






46. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.






47. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance






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






49. The application of legal rules to a client's specific factual situation; also known as legal analysis.






50. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.

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