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






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






3. Specific questions that usually demand very short or yes-no answers.






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






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






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






7. An actual incident or condition; not a legal consequence.






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






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






10. A national association of paralegal managers.






11. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.






12. All property that is not real property.






13. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.






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






15. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.






16. The delivery of a pleading or other paper in a lawsuit to the opposing party.






17. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.






18. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.






19. Evidence that suggests the defendant's innocence.






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






21. 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






22. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.






23. 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.






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






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






26. The law itself - such as statutes and court opinions.






27. Liability without a showing of fault.






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






29. Voluntarily and knowingly subjecting oneself to danger.






30. A person who initiates an appeal.






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






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






33. Summary of one legal point in a court opinion; written by the editors at West.






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






35. The process of finding the law.






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






37. A defense requiring proof that the defendant was not mentally responsible.






38. Evidence that suggests the defendant's guilt.






39. An opinion that disagrees with the majority's decision and its reasoning.






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






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






42. 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.






43. A business run by two or more persons as co-owners.






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






45. A provision that purports to waive liability.






46. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.






47. An opinion that agrees with the majority's result but disagrees with the reasoning.






48. The application of legal rules to a client's specific factual situation; also known as legal analysis.






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






50. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.







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