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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 method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.






2. When a higher court agrees with what lower court has done.






3. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.






4. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.






5. A compilation of federal administrative regulations arranged by agency.






6. 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.






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






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






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






10. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.






11. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.






12. Governmental publication of court opinions.






13. Evidence that suggests the defendant's guilt.






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






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






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






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






18. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.






19. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.






20. 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.






21. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.






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






23. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.






24. A national paralegal association.






25. A request that the court release the defendant because of the illegality of the incarceration.






26. 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.






27. A witness who possesses skill and knowledge beyond that of the average person.






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






29. Evidence that does not add any new information but that confirms facts that already have been established.






30. A tort committed by one who intends to do the act that creates the harm.






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






32. The power of a court to hear a particular type of case.






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






34. The rule requiring that the original document be produced at trial.






35. A statement in a judicial opinion not necessary for the decision of the case.






36. 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.






37. The questioning of your own witness.






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






39. Located in most codified statutes - this table lists statutes by their popular names along with their citations.






40. 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






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






42. Land and objects permanently attached to land.






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






44. A constitutional protection against being tried twice for the same crime.






45. 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.






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






47. A court opinion that establishes new law in an important area.






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






49. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.






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







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