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






2. A defense whereby the defendant offers new evidence to avoid judgment.






3. 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






4. The result reached in a particular case.






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






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






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






8. The court's power to review statutes to decide whether they conform to the Constitution.






9. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.






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






11. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.






12. A provision that purports to waive liability.






13. A term used to describe two cases that are almost identical - with similar facts and legal issues.






14. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.






15. A request made to the court.






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






17. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.






18. General principles that guide the courts in their interpretation of statutes.






19. A case listed in Shepard's that cites your case.






20. 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.






21. 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.






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






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. 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.






25. A requirement that a party fulfill his or her contractual obligations.






26. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.






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






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






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






30. 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






31. 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.






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






33. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.






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






35. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.






36. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.






37. Simultaneously representing adverse clients.






38. Law that regulates how the legal system operates.






39. An opinion in which a majority of the court joins.






40. Information about the law - such as that contained in encyclopedias and law review articles.






41. Being informed of some act done or about to be done.






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






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






44. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.






45. The rules whereby all members of a law firm are treated as though they had represented the former client.






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






47. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.






48. Courts that determine whether lower courts have made errors of law.






49. The process of organizing statutes by subject matter.






50. 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.







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