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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. To perform.






2. 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.






3. 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.






4. A national association of paralegal associations.






5. A set of standardized jury instructions.






6. A separable part of a statute that must be satisfied for the statute to apply.






7. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.






8. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.






9. 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.






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






11. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.






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






13. A request that the court order that certain information not be mentioned in the presence of the jury.






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






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






16. A canon of construction meaning 'of the same class.:






17. 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.






18. 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.






19. 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.






20. The pretrial oral questioning of a witness under oath.






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






22. A book that contains court opinion headnotes arranged by subject matter.






23. The reference to a particular page within an opinion.






24. A repeat offender; one who continues to commit more crimes.






25. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.






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






27. Evidence that suggests the defendant's innocence.






28. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.






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






30. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.






31. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.






32. The failure of an attorney to act reasonably.






33. The opinion of a jury on a question of fact.






34. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.






35. An introductory paragraph listing issues to be discussed in the order they are to be discussed.






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






37. A term used to describe two cases that are almost identical - with similar facts and legal issues.






38. 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






39. The power of government to take private property for public purposes.






40. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.






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






42. A document that lists statements regarding specific items for the other party to admit or deny.






43. Occurs when the police restrain a person's freedom and charge the person with a crime.






44. Evidence that does not add any new information but that confirms facts that already have been established.






45. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance






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






47. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.






48. Not factually true - but accepted by the courts as being legally true.






49. 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.






50. A national association of paralegal managers.







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