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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. 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.






2. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.






3. Proof that the evidence is what it is said to be.






4. A pamphlet inserted into the back of a book containing information new since the volume was published.






5. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.






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






7. The modern pretrial procedure by which one party gains information from the adverse party.






8. 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.






9. An advance or down payment that is given to engage the services of an attorney.






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






11. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.






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






13. A judgment entered against a party who fails to complete a required step - such as answering the complaint.






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






15. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.






16. A national paralegal association.






17. Including more than one count in a complaint; the counts do not need to be consistent.






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






19. A defense requiring proof that the defendant would not have committed the crime but for police trickery.






20. When more than one court has jurisdiction to hear a case.






21. Liability without having to prove fault.






22. When an appellate court sends a case back to the trial court for a new trial or other action.






23. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.






24. The court's power to review statutes to decide whether they conform to the Constitution.






25. A trial conducted without a jury.






26. When an appellate court overturns or negates the decision of a lower court.






27. To perform.






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






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






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






31. Courts that determine whether lower courts have made errors of law.






32. A situation in which a conflict of interest may arise in the future--for example - representing business partners.






33. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.






34. 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.






35. A court order requiring a person to appear to testify at a trial or deposition.






36. A statute that changes the common law.






37. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.






38. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.






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






40. 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.






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






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






43. 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.






44. 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.






45. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.






46. A request that the court release the defendant because of the illegality of the incarceration.






47. Governmental publication of court opinions.






48. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.






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






50. Federal and state rules that regulate how criminal proceedings are conducted.






Can you answer 50 questions in 15 minutes?



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