This section offers practice tests in several subject areas. Each of the following multiple-choice tests has 10 questions to work on. No sign-up required, just straight to the test.
Criminal law addresses behaviors that are offenses against the public, society, or state. Examples of criminal law offenses include assault, drunk driving, and theft. In contrast, civil laws address behavior that causes an injury to the private rights of individuals in areas such as child support, divorce, contracts, property, and the person. Examples of civil law offenses include libel, slander, or contract breaches. Criminal ases are only initiated by the government in response to a law being broken. The prosecution is an attorney, or group of attorneys, hired by the government to present a case against the accused. In contrast, private parties initiate civil cases when they feel that someone has injured them. The person, group, or business who initiates the case is referred to as the plaintiff or complainant. The accused is referred to as the defendant, in both criminal and civil proceedings.
Typically, there is a difference in the burden of proof for the two types of cases. In a criminal case, the defendant must be proven guilty 'beyond a reasonable doubt.' In a civil case, the defendant must be proven liable through a “preponderance of the evidence.” In other words, the prosecution in a civil case must prove that it is more probable than not that the defendant is liable. In criminal cases, the defendant is entitled to an attorney and may be appointed an attorney if he or she is not able to afford one. The state appoints the attorney. In contrast, all parties involved in a civil case are required to secure their own legal representation.
Typically, civil and criminal laws use different terminology, and being found guilty or accountable in each type of case results in different consequences. In a civil action (lawsuit), the plaintiff is the person who is alleging that he or she has actually been harmed (physically, financially, or in another manner), and the defendant is the one who is asked to pay damages or otherwise compensate the plaintiff. Outside of financial compensation, the plaintiff may be ordered to do something or refrain from doing something, which is referred to as injunctive relief.
Inside view of drug busts, including one man who was hiding paraphernalia in his shoe, and one woman who had multiple different substances in her vehicle.
Anything you say can and will be used against you in a court of law. Limit your answers to giving your name, and required documents.
Get an inside look into gang life in prison in this Behind Bars compilation, featuring several fights that break out with rival gangs, and a shakedown that uncovers one inmate's secret gang affiliation.
O.J. Simpson appears to struggle to put on one of the gloves recovered from the crime scene, which would lead Johnnie Cochran to famously quip in closing arguments, 'If it doesn't fit, you must acquit.'
There are two ways to demonstrate the similarity of an allegedly infringing work and the original copyrighted work. 'Fragmented literal similarity' may be shown by demonstrating that the infringing work contains specific copied elements of the original work. For example, in today’s music scene, certain genres of music use samples of previous sound recordings that are then mixed into a new sound recording. Unless the artist doing the sampling licenses the sound recording, and maybe the underlying musical work as well, the sampling could be considered infringing on the original artist's copyrights. Similarly, a composer of a song might write lyrics and music that closely mimics a particular song, even though he or she did not use the exact same words and notes.
In this case, the burden of proof would lie on the originator to prove that the similarity was close enough to their work to establish damages. In this case, infringing a copyrighted recording can carry significant penalties. The copyright owner has the right to recoup damages and lost profits from infringement. There are two kinds of damages that may be awarded, actual and statutory. The Recording Industry Association of America (RIAA), for example, was awarded major damages due to willful statutory infringement of copyrighted songs that she had uploaded music sharing site, Kazaa.
Sometimes, though, the copyright owner’s most important remedy for infringement will be an injunction that forces the infringer to stop illegal actions that cause continuing damage to their rights. The grounds for getting that injunction, however, have tightened in recent years and now require the plaintiff, or copyright owner, to provide substantial evidence of infringement.
The patent system has been crucial in facilitating the growth of new start-up businesses, with 67 percent of entrepreneurs reporting that they find patents valuable in obtaining venture financing. This is important because although large companies contribute enormously to American innovation and industrial growth through their in-house research and development operations as well as via their partnerships with research universities, start-up companies play a particularly strong role in the creation of entirely new industries.
All patented inventions fit into one of these four categories: machine, manufacture, process, or composition of matter. But not everything that fits in one of these four categories can be patented. And the most important reason why one thing is patentable and another is not lies in the difference between ideas and applications. You cannot patent an idea for a better mousetrap—not unless it can be developed into a new, non-obvious, and useful machine, manufacture, process, or composition of matter that can actually accomplish the task. You may have a genius idea for faster-than-light travel, but that will not get you a patent unless you can outline how to develop a tangible process or device for actually doing so, in which case you can seek to patent it.
For instance, if you develop a new watch that displays information from an iPhone, and then disclose it on the crowdsourced funding site Kickstarter in order to raise capital from thousands of small-time investors, then you will probably want to file a patent application prior to, or certainly no later than a year after, your disclosure of the benefits of your watch to the public.
Paralegals assist attorneys by reducing case loads, investigating the facts of cases, interviewing clients and witnesses, and performing legal research. A paralegal may draft pleadings, deposition notices, subpoenas, briefs, and other legal documents. Further, job duties may include filing documents with the court, and assisting at hearings, administrative proceedings, and court trials. Paralegals cannot give legal advice, represent a client in court, establish legal fees, or sign any legal documents. Paralegals generally possess at a minimum, a 2-year associates degree, a bachelor’s degree, or a paralegal certificate. Paralegals with a bachelor’s degree in paralegal studies, or an associates degree combined with a paralegal certificate, generally have the best career prospects.
Paralegals must develop an understanding of legal terminology, and the rules of legal procedure. They must have excellent organizational skills in order to manage case files and multiple exhibits. Communication skills are paramount because paralegals must interact with clients, experts, court personnel and attorneys. Strong research and writing skills are necessary in drafting pleadings, research memos, and other documents. According to the National Federation of Paralegal Associations, the average paralegal salary is $55,496 per year. However, some experienced paralegals with special skills may earn in excess of $93,500 annually. Ranked as one of the 20 best jobs in America by CNN, job opportunities in the paralegal field are plentiful, due to rising legal fees, and the fact that more clients are demanding the use of paralegals.
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