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






2. The revocation of an attorney's license.






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






4. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.






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






6. Any tangible object - like a bloody glove.






7. The power of a court to hear a case.






8. A decision is reversed when an appellate court overturns or negates the decision of a lower court.






9. Something of value exchanged to form the basis of a contract.






10. 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.






11. The first ten amendments to the U.S. Constitution.






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






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






14. Law that creates rights and duties.






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






16. A fee calculated as a percentage of the settlement or award in the case.






17. A summary of one legal point in a court opinion; written by the editors at West.






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






19. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.






20. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.






21. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.






22. A temporary transfer of personal property to someone other than the owner for a specified purpose.






23. The failure to act reasonably under the circumstances.






24. Governmental publication of court opinions.






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






26. A right to use property owned by another for a limited purpose.






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






28. The pleading that begins a lawsuit.






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






30. Land and objects permanently attached to land.






31. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.






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






33. The judge informs the jurors of the law they need to know to make their decision.






34. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.






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






36. The publication of false statements that harm a person's reputation.






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






38. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.






39. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.






40. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.






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






42. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).






43. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.






44. 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






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






46. Liability without a showing of fault.






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






48. In a case brief - the rule of law applied to the case's specific facts.






49. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.






50. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.







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