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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 notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.






2. A person who initiates an appeal.






3. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.






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






5. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.






6. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.






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






8. The process of finding the law.






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






10. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.






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






12. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.






13. The general jurisdiction trial courts in the federal system.






14. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.






15. Governmental publication of court opinions.






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






17. A token sum awarded when liability has been found but monetary damages cannot be shown.






18. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a






19. 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.






20. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.






21. Courts that determine the facts and apply the law to the facts.






22. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00






23. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.






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






25. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.






26. A person who permits or directs another person to act on the principal's behalf.






27. Being informed of some act done or about to be done.






28. An issue that the court has never faced before.






29. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.






30. An approach whereby the courts give a statute a narrow interpretation.






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






32. 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.






33. All property that is not real property.






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






35. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.






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






37. Questions that suggest the answer.






38. A court opinion that establishes new law in an important area.






39. The result reached in a particular case.






40. 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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41. A case listed in Shepard's that cites your case.






42. The questioning of an opposing witness.






43. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.






44. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.






45. The number of hours - or parts of an hour - that can be charged to a specific client.






46. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.






47. Law dealing with ownership.






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






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






50. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.







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