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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. A judicial philosophy that supports an active role for the judiciary in changing the law.






2. A provision that purports to waive liability.






3. Standard used by appellate courts when reviewing a trial court's findings of fact.






4. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.






5. 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






6. A defendant's plea meaning that the defendant neither admits nor denies the charges.






7. Monetary compensation - including compensatory - punitive - and nominal damages.






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






9. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.






10. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.






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






12. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.






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






14. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.






15. 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.






16. The final paragraph in a written legal analysis that summarizes the writer's conclusions.






17. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.






18. When the law is applied to the client's facts and the result is not obvious - an issue is created.






19. A worldwide network of computer networks.






20. The rule requiring that the original document be produced at trial.






21. Federal and state rules that govern the admissibility of evidence in court.






22. 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.






23. The delivery of a pleading or other paper in a lawsuit to the opposing party.






24. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.






25. A determination that an attorney may not practice law for a set period of time.






26. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.






27. A court's power to review statutes to decide if they conform to the federal or a state constitution.






28. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.






29. 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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30. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.






31. In a case brief - the general legal principle in existence before the case began.






32. 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.






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






34. Located in most codified statutes - this table lists statutes by their popular names along with their citations.






35. The tort theory that an employer can be sued for the negligent acts of its employees.






36. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.






37. 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.






38. Violation of a statute as proof of negligence






39. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.






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






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






42. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.






43. The requirement that relief be sought from an administrative agency before proceeding to court.






44. When a person must be brought into a lawsuit as either a plaintiff or a defendant.






45. A request that the court prohibit the use of certain evidence at the trial.






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






47. Law dealing with ownership.






48. A constitutional protection against being tried twice for the same crime.






49. Cases that involve different facts and/or rules of law.






50. The papers that begin a lawsuit-generally - the complaint and the answer.







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