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






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






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






4. 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.






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






6. Something of value exchanged to form the basis of a contract.






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






8. The failure of an attorney to act reasonably.






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






10. The educated ability to apply law to specific facts.






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






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






13. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.






14. An opinion that agrees with the majority's result but disagrees with its reasoning.






15. Law that regulates how the legal system operates.






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






17. A court's prior permission for the police to search and seize.






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






19. Law that deals with harm to an individual.






20. The failure to act reasonably under the circumstances.






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






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






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






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






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






26. Representing someone who is in a position adverse to a prior client.






27. 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.






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






29. 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.






30. An approach whereby the courts give a statute a narrow interpretation.






31. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.






32. Consists of the description of events that a witness testifies to under oath in a legal proceeding.






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






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






35. Simultaneously representing adverse clients.






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






37. Evidence that is derived from an illegal search or interrogation is inadmissible.






38. 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.






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






40. A public or private statement that an attorney's conduct violated the code of ethics.






41. 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.






42. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.






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






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






45. 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.






46. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.






47. 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.






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






49. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.






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







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