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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. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.






3. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.






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






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






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






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






8. A meeting of the attorneys and the judge prior to the beginning of the trial.






9. Law that deals with harm to an individual.






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






11. Money or something else of value that is held by the government to ensure the defendant's appearance in court.






12. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.






13. Courts that determine the facts and apply the law to the facts.






14. To perform.






15. When a higher court agrees with what lower court has done.






16. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.






17. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.






18. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.






19. Any tangible object - like a bloody glove.






20. 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.






21. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.






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






23. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.






24. The failure to act reasonably under the circumstances.






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






26. A defense requiring proof that the defendant would not have committed the crime but for police trickery.






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






28. Generally accepted legal principles.






29. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.






30. A token sum awarded when liability has been found but monetary damages cannot be shown.






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






32. Voluntarily and knowingly subjecting oneself to danger.






33. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.






34. A request made to the court.






35. 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.






36. Law that deals with harm to society as a whole.






37. 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.






38. The modern pretrial procedure by which one party gains information from the adverse party.






39. 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.






40. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.






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






42. The power of a court to hear a particular type of case.






43. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.






44. 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.






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






46. A national association of paralegal associations.






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






48. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.






49. The process of finding the law.






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







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