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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 reason for invalidating a statute where a reasonable person could not determine a statute's meaning.






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






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






4. The new legal principle established by a court opinion.






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






6. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.






7. Generally accepted legal principles.






8. 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.






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






10. A trial conducted without a jury.






11. A summary of a court opinion that appears at the beginning of the case.






12. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.






13. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.






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






15. A court's power to hear any type of case arising within its geographical area.






16. In a case brief - the general legal principle in existence before the case began.






17. Consists of the description of events that a witness testifies to under oath in a legal proceeding.






18. The tenant's right to be free from interference from the landlord with respect to how the property is used.






19. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.






20. Bad intent.






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






22. The justified use of force to protect oneself or others.






23. Standard used by appellate courts when reviewing a trial court's findings of fact.






24. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.






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






26. A national organization of paralegal programs that promotes high standards for paralegal education.






27. 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.






28. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.






29. A provision in a deed that prohibits specified uses of the property.






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






31. 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.






32. A person who permits or directs another person to act on the principal's behalf.






33. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.






34. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.






35. The result reached in a particular case.






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






37. The process of legislative enactment of areas of the law previously governed solely by the common law.






38. Establishes a direct link to the event that must be proven.






39. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.






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






41. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.






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






43. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.






44. 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.






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






46. The party in a case who has initiated an appeal.






47. 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.






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






49. The purpose of the legislature at the time it enacted the statute.






50. 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.







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