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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. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






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






3. Evidence that suggests the defendant's guilt.






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






5. A fee calculated as a percentage of the settlement or award in the case.






6. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.






7. 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.






8. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.






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






11. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.






12. To perform.






13. An approach whereby the courts give a statute a broad interpretation.






14. Questions that suggest the answer.






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






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






17. Violation of a statute as proof of negligence






18. A tort committed by one who intends to do the act that creates the harm.






19. Federal and state rules that govern the admissibility of evidence in court.






20. The general jurisdiction trial courts in the federal system.






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






22. The party in a lawsuit against whom an appeal has been filed.






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






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






25. An intentional act that creates a harmful or offensive physical contact.






26. A constitutional protection against being tried twice for the same crime.






27. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.






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






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






30. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.






31. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.






32. The intermediate appellate courts in the federal system.






33. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.






34. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.






35. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.






36. A defendant's personal promise to appear in court.






37. 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.






38. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.






39. A request that the court release the defendant because of the illegality of the incarceration.






40. 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.






41. The highest federal appellate court - consisting of nine appointed members.






42. In logic - a belief that justifies one in arguing a conclusion.






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. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.






45. Evidence that suggests the defendant's innocence.






46. The power of the federal courts to hear matters of federal law.






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






48. A provision that purports to waive liability.






49. When an appellate court sends a case back to the trial court for a new trial or other action.






50. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.







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