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. Generally - an emergency situation that allows a search to proceed without a warrant.






2. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.






3. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.






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






5. Evidence that suggests the defendant's innocence.






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






7. The reference to a particular page within an opinion.






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






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






10. The result reached in a particular case.






11. 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.






12. A law enacted by a state legislature or by Congress.






13. 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.






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






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






16. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.






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






18. Law that deals with harm to a person or a person's property.






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






20. 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






21. All property that is not real property.






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






23. A national association of paralegal associations.






24. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.






25. 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.






26. In a complaint - one cause of action.






27. Used to describe legislation that changes the common law.






28. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.






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






30. A computerized database that contains the full text of documents - such as court opinions or depositions.






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






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






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






34. 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.






35. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.






36. Information that can be presented in a court of law as proof of some fact.






37. 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.






38. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.






39. 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.






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






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






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






43. General principles that guide the courts in their interpretation of statutes.






44. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.






45. A requirement that a party fulfill his or her contractual obligations.






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






47. The failure of an attorney to act reasonably.






48. A national organization of paralegal programs that promotes high standards for paralegal education.






49. Evidence that suggests the defendant's guilt.






50. '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.