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






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






3. When more than one court has jurisdiction to hear a case.






4. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.






5. 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.






6. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.






7. All property that is not real property.






8. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.






9. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.






10. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.






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






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






13. 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.






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






15. 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.






16. Specific questions that usually demand very short or yes-no answers.






17. A court's power to hear any type of case arising within its geographical area.






18. A court order requiring a party to perform a specific act or to cease doing a specific act.






19. The process of legislative enactment of areas of the law previously governed solely by the common law.






20. Evidence that suggests the defendant's innocence.






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






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






23. All property that is not real property.






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






25. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






26. 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.






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






28. Courts that determine the facts and apply the law to the facts.






29. Voluntarily and knowingly subjecting oneself to danger.






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






31. The failure of an attorney to act reasonably.






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






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






34. A court order requiring a person to appear to testify at a trial or deposition.






35. A national association of paralegal managers.






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






37. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.






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






39. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.






40. An actual incident or condition; not a legal consequence.






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






42. A national organization of paralegal programs that promotes high standards for paralegal education.






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






44. 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.






45. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.






46. A court's power to review statutes to decide if they conform to the federal or a state constitution.






47. A request made to the court.






48. A bank account used to hold money belonging to the client or to a third party.






49. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.






50. The division of governmental power among the legislative - executive - and judicial branches.







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