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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. The questioning of an opposing witness.






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






3. A decision is reversed when an appellate court overturns or negates the decision of a lower court.






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






5. The tort theory that an employer can be sued for the negligent acts of its employees.






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






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






8. A token sum awarded when liability has been found but monetary damages cannot be shown.






9. All property that is not real property.






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






11. The failure to act reasonably under the circumstances.






12. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.






13. Law that regulates how the legal system operates.






14. A pamphlet inserted into the back of a book containing information new since the volume was published.






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






16. A grand jury's written accusation that a given individual has committed a crime.






17. 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.






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






19. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.






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. 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.






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






23. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.






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






25. 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.






26. The result reached in a particular case.






27. When the law is applied to the client's facts and the result is not obvious - an issue is created.






28. The status of having received a certificate documenting that the person has successfully completed an educational program.






29. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.






30. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.






31. 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.






32. Governmental publication of court opinions.






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






34. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information






35. Rules and regulations created by administrative agencies.






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






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






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






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






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






41. Generally accepted legal principles.






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






43. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.






44. 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.






45. The party in a case who has initiated an appeal.






46. The application of legal rules to a client's specific factual situation; also known as legal analysis.






47. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.






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






49. A temporary transfer of personal property to someone other than the owner for a specified purpose.






50. 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.







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