Paralegal 101 Practice Test

These questions are part of the practice quiz. Start practicing

• Which term refers to the body of rules that govern the process of lawsuits (filings, deadlines, etc.)?
• Which term describes a claim that based on the law and facts is sufficient to support a lawsuit?
• Which term refers to a lawsuit where one person sues on behalf of a group of people who have been similarly injured?
• In an appeal, who is the party against whom the appeal is filed?
• Which role describes a person who assists an attorney under supervision and cannot give legal advice or appear in court?
• The authority of a court to hear a case when it is initiated, as opposed to appellate jurisdiction is called?
• What is evidence that suggests the defendant's guilt called?
• What are the papers that begin a lawsuit commonly called?
• What is the term for the questioning of an opposing witness?
• A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for concessions is called what?
• Which concept recognizes that a person who is repeatedly abused may be allowed to use self-defense even if not in immediate danger?
• What defense requires proof that the defendant was not mentally responsible?
• Which term describes an emergency situation that allows a search to proceed without a warrant?
• A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
• Which term denotes a law enacted by a legislative body to address a specific subject or issue?
• What is the term for a request that the court order a rehearing due to irregularities such as errors or jury misconduct?
• Which protection guards against multiple prosecutions for the same offense?
• What defense is a defense whereby the defendant offers new evidence to avoid judgment?
• Which form of government divides power between a nationwide central government and regional governments?
• Which type of appellate opinion agrees with the outcome but offers different reasoning?
• What is the process after arrest that includes collecting the defendant's personal information, allowing a Miranda card to be read and signed, and providing access to a telephone?
• Which document is the formal filing that initiates a civil action?
• Which term refers to the failure to act reasonably under the circumstances?
• Which insanity standard holds that a defendant is not guilty if, at the time of the offense, they did not understand whether the act was right or wrong due to a mental defect?
• Which term describes a tort where the wrongdoer intended to commit the act?
• A reason for invalidating a statute where a reasonable person could not determine a statute's meaning?
• A requirement that a party fulfill his or her contractual obligations is known as what remedy?
• What is the standard of proof used in criminal trials, where the evidence must remove reasonable doubts?
• The judge informs the jurors of the law they need to know to make their decision.
• Which term refers to the barrier used within a firm to separate matters to prevent conflicts of interest?
• Which term is the national organization of paralegal programs promoting high standards for education?
• Generally someone operating within the law, representing persons before administrative agencies that permit this practice.
• In civil litigation, which standard of proof requires the plaintiff's claim to be more likely true than not?
• Which defense requires proof that force or a threat of force compelled the crime?
• Which doctrine governs the permissible seizure of items observed in plain view during lawful activity?
• Which term is used for sending a case back to the trial court for further proceedings?
• Which term refers to a legal claim or cause of action?
• What is a defendant's personal promise to appear in court called?
• What term refers to a court order requiring a person to appear to testify at a trial or deposition?
• What document asks the opposing party to admit or deny specific facts or statements?
• Which account is used to hold client funds?
• Which defense is based on the defendant acting to avoid a greater harm?
• What term describes a means of gaining appellate review where the writ is discretionary and used to review a federal question if four of the nine justices vote to hear the case?
• An opinion that agrees with the majority's result but disagrees with its reasoning is called what?
• What document is a sworn statement by a party that the complaint's contents are correct?
• To locate the complete text of cases and depositions, which database type would you use?
• Which term describes the power of the court to issue a remedy other than money damages?
• According to the rules, which defense involves police trickery that leads to the commission of a crime?
• Which ethical rule prohibits attorneys and paralegals from disclosing information about a client or a client's case?
• Which concept means dividing fault between parties by proportion?
• Which term refers to a single cause of action within a complaint?
• Which term describes the failure of the attorney to act reasonably?
• What term describes the number of hours, or parts of an hour, that can be charged to a client?
• Which court action ends a lawsuit and prevents it from being filed again by the same parties?
• Which law sets the time limit for filing a lawsuit?
• Which term describes the act of taking someone into custody by legal authority?
• Which fee is charged as a fixed amount for a specific legal service, such as drafting a simple will?
• What term is the broad category of law that governs the powers and limits of government and the rights of citizens at the constitutional level?
• Which doctrine says evidence derived from an illegal search or interrogation is inadmissible?
• Which term refers to a written argument presented to an appeals court setting forth the law as applied to facts?
• Which tort is committed by someone who intends to do the act that creates the harm?
• What term describes a court where a permanent record is kept of the testimony, lawyers' remarks, and judges' rulings?
• A system developed to shield an attorney or paralegal from a case that would create a conflict of interest is called what?
• The power of a court to hear a case.
• Which term refers to a trial ending due to a major problem, such as prejudicial remarks?
• What action occurs when an appellate court overturns the lower court's verdict?
• In legal terms, what does the term 'execute' mean?
• Which term refers to a court order authorizing search or seizure?
• Which term describes the law that governs conduct and rights (not procedure)?
• Which option is not a form of damages?
• What is the term for an appellate court overturning or negating the lower court's decision?
• A national association of paralegal associations.
• What is a judgment entered against a party who fails to complete a required step, such as answering the complaint?
• Which metric measures the total hours billed to a client for legal work performed?
• Which standard of proof requires evidence greater than a preponderance but less than beyond a reasonable doubt?
• What motion asks the court to dismiss the complaint for failure to state a valid claim?
• 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 is known as what?
• Which requirement mandates that defendants be notified of their rights before police question them?
• Which term denotes the official process of questioning potential jurors to determine if they are fit to serve?
• Which term describes the rule that prohibits lawyers from testifying about confidential client information?
• Which damages are intended to punish the defendant in cases of intentional torts?
• Which term describes the court's final decision resolving the claims after considering the evidence?
• Which damages are intended to punish wrongful conduct rather than compensate the plaintiff?
• Which term describes a forecasted risk that a current representation could later conflict with new obligations?
• Which test indicates the defendant is not guilty if the act was committed with lack of substantial capacity to understand wrong or to conform conduct to law?
• A request that the court release the defendant because of the illegality of the incarceration.
• Which damages are awarded to punish a defendant for particularly egregious conduct?
• Which term is a national association of paralegal associations?
• Which outcome occurs when a party fails to respond by the deadline, resulting in a default judgment?
• What is the term for a written argument presented to an appeals court outlining the law as it should be applied to the client's facts?
• Which term describes the papers filed to begin a civil action and the responsive pleading?
• In appellate procedure, which party has initiated the appeal?
• Which instrument initiates a civil action by notifying the defendant of the suit?
• Which term describes including more than one count in a complaint, with the counts not required to be consistent?
• Without the need for a warrant, the police may seize objects that are openly visible.
• Which doctrine holds that courts in the same jurisdiction will follow prior decisions on the same issue unless change is warranted?
• Which term describes legislation that changes the common law?
• Which term describes the power to issue a court order that requires a party to refrain from a certain activity?
• Which fee arrangement is commonly used when payment depends on the outcome of the case?
• What term describes transferring a case from state court to federal court?
• Which insanity standard is described as the Substantial Capacity test under the Model Penal Code?
• Which concept describes the allocation of power between a central government and regional governments?
• Which proceeding occurs when the court informs the defendant of the charges and the defendant enters a plea?
• Which term designates the judge's act of informing jurors of the applicable law they must apply?
• Which requirement must be satisfied before a lawsuit can be filed in court by seeking relief from an administrative agency?
• Which concept describes the authority of courts to issue remedies beyond money damages to achieve fairness?
• Which concept describes including a necessary party who has a stake in the outcome in one lawsuit to avoid multiple suits?
• What motion seeks judgment in the moving party's favor because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law, and may consider matters outside the pleadings?
• When a person must be brought into a lawsuit as either a plaintiff or a defendant.
• Which method allows a prospective juror to be excused based on bias or lack of impartiality?
• Which term describes the body of law developed from judicial decisions rather than statutes?
• What is the request to the court to prohibit certain information from being mentioned in front of the jury?
• Which principle states that courts cannot decide abstract issues or render advisory opinions; they may only decide cases involving litigants who are personally affected by the court's decision?
• Which courts determine whether lower courts have made errors of law?
• Which term refers to the delivery of a pleading or other paper to the opposing party?
• A public or private statement that an attorney's conduct violated the code of ethics is known as what?
• Which appellate circuit are we in within the federal courts of appeals?
• Which standard, part of the Model Penal Code, requires lack of either the ability to understand right from wrong or to control behavior?
• Which doctrine invalidates a statute because a reasonable person cannot determine its meaning?
• Which term describes the general jurisdiction of the federal trial courts?
• A repeat offender; one who continues to commit more crimes.
• A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
• Which defense is described as a defendant’s formal position that, if proven, could defeat liability by introducing new facts?
• Which is the highest federal appellate court consisting of nine appointed members?
• What is the process of enacting legislation to govern areas previously governed solely by the common law?
• What is the examination of a prospective juror to determine fitness to serve on a case?
• Which term refers to the decision reversing a jury verdict due to insufficient support?
• What is the term for the power of the federal courts to hear matters arising under federal law?
• A trial conducted without a jury is called?
• What is the term for the questioning of your own witness?
• Courts that determine the facts and apply the law to the facts are called?
• What term describes a court's power to hear only specialized cases?
• What is the justified use of force to protect oneself or others?
• Which term describes a fixed charge for a service regardless of time spent?
• Which term denotes the header that identifies the parties and court in a pleading?
• A trial ended by the judge because of a major problem, such as a prejudicial statement by one of the attorneys.
• What calendaring system records key dates and important deadlines in a legal practice?
• Which term describes the restriction that only licensed lawyers may perform certain legal tasks?
• The rules and regulations created by administrative agencies to implement statutes are part of which body of law?
• What describes the power of two or more courts to hear a case concurrently?
• Which term is used for property like cars or furniture?
• What pleading starts a lawsuit?
• Which term describes an agreement that is legally enforceable, created by an offer and acceptance supported by consideration?
• Which term describes a nonlawyer providing legal services directly to the public without supervision, potentially unauthorized practice of law?
• Which law regulates how the legal system operates?
• What is the term for fairness and the court's power to do justice, including injunctions and specific performance?
• In civil cases, the party who files the complaint is known as the _____.
• Which term describes a defendant's plea that neither admits nor denies the charges?
• A situation where a conflict may arise in the future, such as representing business partners, is called what?
• Which term describes the court's authority to hear a case based on the kind of claim, not the individuals involved?
• What is the term for the written ruling that expresses the majority's view in an appellate decision?
• Which concept specifies that a defendant must have a certain level of contact with the state for the state courts to have authority?
• What is the term for sending a case back to the trial court for a new trial or other action?
• What term refers to an advance or down payment given to engage the services of an attorney?
• The power of the federal government to prevent states from passing conflicting laws, and sometimes to prohibit states from passing any laws on a subject, is called what?
• Which term describes treating the former client as if all current firm members had represented them?
• What is the defendant's reply to the complaint that may contain denials or defenses?
• Which body is responsible for determining probable cause to charge a crime, typically consisting of citizens and not a judge?
• In a legal malpractice case, which term is used to describe the requirement that the plaintiff must prove that but for the attorney's negligence the client would have won?
• What term describes the situation where only one court has the power to hear a case?
• What term means a request made to the court?
• Which defense asserts that the defendant would not have committed the crime but for police trickery?
• The first ten amendments to the U.S. Constitution are known as which term?
• The power of a court to force a person to appear before it.
• Which area of law deals with harm to a person or a person's property?
• What is the process of finding the law?
• Which document lists statements to be admitted or denied by the other party?
• What is the police power to detain someone briefly and search outside clothing with reasonable suspicion called?
• The power of a court to hear a particular type of case.
• What is the delivery of a pleading or other paper in a lawsuit to the opposing party called?
• Powers not stated in the Constitution but necessary to carry out other express powers are known as what?
• Which term describes the authority of a single court to hear a case?
• The educated ability to apply law to specific facts is best described by which term?
• A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity, it constitutes the unauthorized practice of law.
• Questions relating to what happened: who, what, when, where, and how are called?
• Which database contains the full text of documents, such as court opinions or depositions?
• Which rule prevents an attorney or paralegal from being compelled to testify about confidential client information in court?
• Which term describes the legal concept that treats something not real as real, such as a corporation being a person for purposes of suing?
• A grand jury's written accusation that a given individual has committed a crime is called what?
• What term refers to when an appellate court that normally sits in panels sits as a whole?
• Which term is the umbrella category for resolving disputes outside full-scale litigation, including arbitration and mediation?
• Which term describes the court's authority to hear a case initially?
• Which term describes the standard used by appellate courts when reviewing trial court's findings of fact?
• What are the Federal and state rules that regulate how criminal proceedings are conducted?
• Which term describes a determination that an attorney may not practice law for a set period of time?
• A belief based on specific facts that a crime has been or is about to be committed; more than reasonable suspicion.
• Which term refers to legally enacting statutes to replace or supersede common-law rules in a given area?
• A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
• What term refers to money awarded to a plaintiff in payment for his or her actual losses?
• Which courts are the general jurisdiction trial courts in the federal system?
• Which term corresponds to the concept of a legal basis for seeking relief in court, i.e., a claim to sue?
• In a lawsuit the person who is being sued; in a criminal case the person who is being charged with a crime is called the _____.
• What is the federal rules method in which the plaintiff simply informs the defendant of the claim and the general basis for it?
• When an appellate court sends a case back to the trial court for a new trial or other action, this is called what?
• Which term describes an arrangement where the attorney's fee is paid only if money is recovered for the client?
• Examples of legal writing include case briefs, law office memoranda, and documents filed with the court.
• Which term describes an activity that requires professional judgment, or the educated ability to relate law to a specific legal problem?
• Which term describes the appellate court's action of overturning a lower court's ruling?
• Simultaneously representing adverse clients is known as which type of conflict?
• Which ADR mechanism yields a binding decision by a neutral third party?
• Which jurisdiction arises when parties are citizens of different states and the amount in controversy exceeds a threshold?
• The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
• Which ADR process uses a jury to provide an advisory, nonbinding opinion after reviewing the presentations?
• Which term describes the system of government where power is shared between a central government and regional governments?
• Which term describes the jurisdiction based on parties from different states and a monetary threshold?
• Which term describes the power of courts to review statutes to decide if they conform to the constitution?
• 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.
• A court order requiring a party to perform a specific act or to cease doing a specific act is called what?
• A statute establishing and setting out the powers of an administrative agency is called?
• A prosecutor's written accusation that a given individual has committed a crime is called what?
• Representing two clients whose interests conflict at the same time is what?
• Which term refers to an advance payment that secures ongoing legal services?
• Which term refers to an error by the trial judge serious enough to warrant reversing the trial court's decision?
• Which term describes a trial court error that is not enough to reverse the decision?
• Which rule prohibits attorneys and paralegals from working for opposing sides in a case?
• What term describes a trial court error that is not sufficient to warrant reversing the decision?
• A warrant that allows the police to enter without announcing their presence in advance.
• In professional liability, which term refers to a professional's failure to act with the required degree of care, resulting in harm to a client—distinct from ordinary negligence?
• Which term describes the process of asking questions to one's own witness?
• Which damages compensate a plaintiff for actual losses due to injury?
• Which database contains key information about the content of documents, such as medical records?
• What is the modern pretrial procedure by which one party gains information from the adverse party?
• Which charging document is a prosecutor's written accusation that does not involve a grand jury?
• Which fee arrangement pays the attorney a percentage of the recovery rather than a flat fee or hourly rate?
• Which method for excusing a prospective juror requires no reason to be given?
• Which constitutional protection prohibits being tried twice for the same offense?
• Which federal district are we in within the federal court system?
• Which fee is calculated as a percentage of the settlement or award in a case?
• Which term describes the broad framework of law derived from constitutions governing the relationship between individuals and the government?
• A national organization of paralegal programs that promoties high standards for paralegal education.
• 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.
• Which term is defined as a collection of standardized jury instructions?
• Which standard is higher than reasonable suspicion but lower than certainty, used to justify actions in many investigations?
• Which are the intermediate appellate courts in the federal system?
• Which term refers to a request to prohibit use of certain evidence at trial?
• Which term refers to a court that maintains a permanent record of proceedings?
• What term describes restraining a person's freedom and charging them with a crime?
• Which person is the one being asked questions during a deposition?
• In disciplinary matters, which action temporarily prevents a lawyer from practicing?
• What is evidence that suggests the defendant's innocence?
• When the defendant does not have sufficient money or other assets to pay the judgment.
• What is the standard of proof most commonly used in civil trials?
• What constitutional protection against being tried twice for the same crime?
• Which term describes a defense in which the defendant brings new facts to avoid liability?
• A suspicion based on specific facts; less than probable cause.
• The complete elimination of a lawyer's license due to ethical violations is best described by which term?
• www.abanet.org A national voluntary organization of lawyers.
• In a lawsuit, the person who initiates the suit is called the _____.
• What term describes a court's power to hear any type of case arising within its geographic area?
• What notice informs the defendant of the lawsuit and requires the defendant to respond or risk losing the suit?
• Which type of evidence tends to exonerate the accused?
• Which term is another name for 'no contest' pleas?
• Which damages are a token sum awarded when liability has been found but monetary damages cannot be shown?
• An opinion in which a majority of the court joins is known as what?
• Representing someone who is in a position adverse to a prior client is which type of conflict?
• Which insanity standard asserts that a defendant can be not guilty if they could not control their actions due to a mental condition?
• Which term describes the opposing-counsel questioning of a witness?
• Which term refers to rules and regulations created by administrative agencies to implement statutes?
• Which organization is a national voluntary organization of lawyers?
• A law promulgated by an administrative agency is called?
• Which term describes a statute that creates and sets out the powers of an administrative agency?
• Which term describes the division of powers between the national government and regional governments?
• Which term describes liability distributions where compensation is based on each party's degree of fault?
• Which area of law deals with harm to society as a whole?
• The opinion of a jury on a question of fact.
• 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.
• Which law creates rights and duties?
• A person who assists an attorney and, working under the attorney's supervision, does tasks that, absent the paralegal, the attorney would do. A paralegal cannot give advice or appear in court.
• What term refers to written questions sent by one party to the opposing party that must be answered under oath?
• Which method for measuring the relative negligence of the plaintiff and the defendant, with a commensurate sharing of the compensation for the injuries?
• An opinion that disagrees with the majority's decision and its reasoning is called what?
• What term describes the broad area of attorney liability for negligent acts?
• What is the name of the bank account used to hold money belonging to the client or a third party?
• Which claim is brought by one defendant against another defendant or by one plaintiff against another plaintiff?
• What is the term for something of value exchanged to form the basis of a contract?
• Which concept is a defense by presenting new facts to avoid judgment?
• Which term is a trial conducted without a jury?
• Which term denotes 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?
• What standard do appellate courts use when reviewing a trial court's findings of fact?
• The rule whereby all members of a law firm are treated as though they had represented the former client is known as what?
• Which term describes a person who continuously commits crimes after prior convictions?
• What is the procedural instrument filed before trial to eliminate the necessity for a trial or to limit evidence?
• The application of legal rules to a client's specific factual situation; also known as legal analysis.
• Being the victim of repeated attacks, self-defense is sometimes allowed to the victim, even when the victim is not in immediate danger?
• Which area of law deals with ownership of property?
• A court order authorizing a sheriff to take property in order to enforce a judgment.
• Which term refers to the intermediate appellate court in the federal system?
• A set of standardized jury instructions.
• Which term refers to what the prosecution or plaintiff must prove to go to the jury—the elements of the case?
• Which term refers to monetary compensation awarded for a wrongful act, including compensatory, punitive, and nominal damages?
• A criminal proceeding at which the court informs the defendant of the charges and the defendant enters a plea is known as what?
• Which term refers to bad intent in criminal law?
• Which term is used to describe the appellate review mechanism the Supreme Court may use to select cases?
• A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
• When nonlawyers do things that only lawyers are allowed to do, this is generally a crime known as what?
• Which term describes a formal accusation written by a prosecutor, commonly used in states that do not use a grand jury?
• What is the pretrial process that involves oral questioning of a witness under oath before trial begins?
• Which term defines land and objects permanently attached to land?
• Which term describes a formal request to the court for relief in a civil case?
• What does it mean when an appellate court agrees with the decision of the lower court?
• What is the rule that there must be no possibility of retreat to claim self-defense?
• Which type of opinion expresses disagreement with the majority's decision and its reasoning?
• Which term refers to liability without fault?
• Which term is defined as not factually true but accepted as legally true?
• Which defense arises when the defendant was induced by police into committing a crime they would not have committed otherwise?
• Which term describes a defendant's assertion against the plaintiff?
• What term describes a court order that ends a lawsuit and prevents refiling by the same parties?
• Which term means a claim that is sufficient to support a lawsuit, if not dismissed for other reasons?
• Who is the person to whom questions are addressed during a deposition?
• The power of a court to hear a case is called?
• What term refers to the law that sets the time limit to file a lawsuit?
• Questions relating to the interpretation or application of the law are called?
• Which ADR process involves a neutral assisting the parties to reach a voluntary compromise?
• Which defense involves police trickery to induce the crime?
• In a complaint, one cause of action.
• Which charging document is issued by a grand jury when probable cause is found?
• Which area of law deals with harm to an individual?
• Which term refers to the federal court power to hear matters of federal law?
• Which term describes moving a case from a state court to a federal court to obtain federal jurisdiction?
• Which fee structure includes different hourly rates for different attorneys or paralegals within the firm based on seniority and experience?
• Which term best describes the legal construct used to treat a non-real entity as real for lawsuits?
• Which claim is brought by a defendant against someone not originally sued?
• What is the term for a meeting of the attorneys and the judge before trial begins?
• The revocation of an attorney's license is known as which term?
• Which term describes a claim by the defendant against the plaintiff?
• Which term describes a statute that invalidates laws that cover both protected and criminal activity?
• Which term best describes the appellate court decision that leaves the lower court's ruling in place?
• Which term means being informed of some act done or about to be done?
• Which doctrine describes negligence by the plaintiff that contributed to his or her injury, normally, any finding of contributory negligence acts as a complete bar to a plaintiff's recovery?
• Which term covers all property that is not real property?
• Which ADR method is nonbinding and aims to help parties reach voluntary agreement?
• Which doctrine extends the illegality of search or interrogation to taint other evidence?
• Which concept governs a court's power to make decisions affecting the defendant personally, including requiring appearances?
• A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
• A court's prior permission for the police to search and seize.
• Which action asks the court to bar certain evidence or statements from trial?
• A decision is reversed when the appellate court does what?
• A law enacted by a state legislature or by Congress is called?
• Which term best describes the focus on what happened in a case (facts)?
• A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
• Which concept means the distribution of power between a central government and regional governments?
• What term refers to money or something of value held by the government to ensure the defendant's appearance in court?
• In criminal law, the physical act required to convict is called the what?
• Which concept means voluntarily and knowingly subjecting oneself to danger?