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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 worldwide network of computer networks.






2. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.






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






4. A law promulgated by an administrative agency.






5. 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.






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






7. 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.






8. Broad questions that put few limits on the freedom of the respondent.






9. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.






10. 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.






11. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.






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






13. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.






14. A statement in a judicial opinion not necessary for the decision of the case.






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






16. The pleading that begins a lawsuit.






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






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






19. 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.






20. Questions relating to what happened: who - what - when - where - and how.






21. The chronological publication of statutes at the end of a legislative session.






22. Evidence that suggests the defendant's innocence.






23. 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.






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






25. The rule that in order to claim self-defense there must have been no possibility of retreat.






26. Law that deals with harm to an individual.






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






28. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.






29. 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.






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






31. Land and objects permanently attached to land.






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






33. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.






34. A set of standardized jury instructions.






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






36. 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.






37. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.






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






39. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.






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






41. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.






42. 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.






43. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.






44. A court's power to review statutes to decide if they conform to the federal or a state constitution.






45. A statute that changes the common law.






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






47. The power of a court to hear a case.






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






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






50. A provision that purports to waive liability.







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