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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. 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.






2. A judgment entered against a party who fails to complete a required step - such as answering the complaint.






3. Written questions sent by one side to the opposing side - answered under oath.






4. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.






5. Evidence that supports previous testimony but that comes in a different form.






6. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.






7. 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.






8. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.






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






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






11. The person who is being asked questions at a deposition.






12. A witness who possesses skill and knowledge beyond that of the average person.






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






14. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.






15. When only one court has the power to hear a case.






16. A computerized database that contains key information about the content of documents - such as medical records.






17. A tangible object or a right or ownership interest.






18. Occurs when the police restrain a person's freedom and charge the person with a crime.






19. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.






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. A defendant's plea meaning that the defendant neither admits nor denies the charges.






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






23. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.






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






25. The power of a court to force a person to appear before it.






26. 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.






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






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






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






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






31. 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.






32. To perform.






33. A court order requiring a party to perform a specific act or to cease doing a specific act.






34. The number of hours - or parts of an hour - that can be charged to a specific client.






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






36. Books that contain appellate court decisions. There are both official and unofficial reporters.






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






38. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.






39. 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.






40. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.






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






42. The process of organizing statutes by subject matter.






43. 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.






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






45. 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.






46. When the defendant does not have sufficient money or other assets to pay the judgment.






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






48. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.






49. The requirement that relief be sought from an administrative agency before proceeding to court.






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







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