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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 claim by one defendant against another defendant or by one plaintiff against another plaintiff.






2. 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.






3. Court decisions from a higher court in the same jurisdiction.






4. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.






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






6. A witness who has not been shown to have any special expertise.






7. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






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






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






10. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.






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






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






13. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.






14. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.






15. A set of standardized jury instructions.






16. Bad intent.






17. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.






18. 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.






19. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.






20. A provision that purports to waive liability.






21. Consists of records - contracts - leases - wills - and other written instruments.






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






23. Disregarding a substantial and unjustifiable risk that harm will result.






24. 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.






25. The division of governmental power among the legislative - executive - and judicial branches.






26. A court order authorizing a sheriff to take property in order to enforce a judgment.






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






28. Indirect evidence - used to prove facts by implication.






29. A law promulgated by an administrative agency.






30. Rules and regulations created by administrative agencies.






31. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.






32. The failure to act reasonably under the circumstances.






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






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






35. The rule that in order to claim self-defense there must have been no possibility of retreat.






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






37. A worldwide network of computer networks.






38. A national association of paralegal managers.






39. Land and objects permanently attached to land.






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






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






42. A trial court error that is not sufficient to warrant reversing the decision.






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






44. 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.






45. Law that creates rights and duties.






46. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.






47. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






48. An opinion in which a majority of the court joins.






49. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.






50. The highest federal appellate court - consisting of nine appointed members.







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