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






2. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.






3. A court order authorizing a sheriff to take property in order to enforce a judgment.






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






5. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.






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






7. Proof that the evidence is what it is said to be.






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






9. A warrant that allows the police to enter without announcing their presence in advance.






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






11. Occurs when the police restrain a person's freedom and charge the person with a crime.






12. The tenant's right to be free from interference from the landlord with respect to how the property is used.






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






14. Being informed of some act done or about to be done.






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






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






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






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






19. To perform.






20. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance






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






22. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.






23. The final paragraph in a written legal analysis that summarizes the writer's conclusions.






24. Also known as real estate; land and items growing on or permanently attached to that land.






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






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






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






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






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






30. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.






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






32. 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.






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






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






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






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






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






38. Written questions sent by one side to the opposing side - answered under oath.






39. The modern pretrial procedure by which one party gains information from the adverse party.






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






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






42. 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.






43. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.






44. Evidence that suggests the defendant's innocence.






45. Questions that suggest the answer.






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






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






49. The power of a court to hear a case.






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







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