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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 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.






2. Books that contain appellate court decisions. There are both official and unofficial reporters.






3. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00






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






5. Used to describe legislation that changes the common law.






6. When an appellate court overturns or negates the decision of a lower court.






7. A special type of joint tenancy applicable only to married couples.






8. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.






9. Questions that suggest the answer.






10. A computerized database that contains key information about the content of documents - such as medical records.






11. The number of hours - or parts of an hour - that can be charged to a specific client.






12. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.






13. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.






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






16. 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.






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






18. An agreement supported by consideration.






19. A book that contains court opinion headnotes arranged by subject matter.






20. Any tangible object - like a bloody glove.






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






22. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.






23. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.

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24. 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.






25. Liability without a showing of fault.






26. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.






27. A defense requiring proof that the defendant was not mentally responsible.






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






29. When only one court has the power to hear a case.






30. 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.






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






32. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).






33. 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.






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






35. 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.






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






37. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.






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






39. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.






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. A set of standardized jury instructions.






42. 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.






43. The law itself - such as statutes and court opinions.






44. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne






45. Generally - an emergency situation that allows a search to proceed without a warrant.






46. Liability without having to prove fault.






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






48. 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.






49. A request that the court prohibit the use of certain evidence at the trial.






50. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.







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