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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 criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.






2. 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.






3. Law dealing with ownership.






4. In a case brief - the general legal principle in existence before the case began.






5. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.

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6. Federal and state rules that regulate how criminal proceedings are conducted.






7. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.






8. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.






9. A term used to describe a case that is similar to another case.






10. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.






11. A business run by two or more persons as co-owners.






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






13. A court's power to hear only specialized cases.






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






15. A national association of paralegal associations.






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






17. A witness who has not been shown to have any special expertise.






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






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






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






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






22. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.






23. Governmental publication of court opinions.






24. Questions relating to the interpretation or application of the law.






25. The questioning of an opposing witness.






26. When the defendant does not have sufficient money or other assets to pay the judgment.






27. The party in a case against whom an appeal has been filed.






28. 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.






29. 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.






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






31. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.






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






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






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






35. 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.






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






37. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.






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






39. All property that is not real property.






40. The intermediate appellate courts in the federal system.






41. Information that can be presented in a court of law as proof of some fact.






42. In a case brief - facts that deal with what happened to the parties before the litigation began.






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






44. A request made to the court.






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






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






47. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.






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






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






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







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