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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. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.






2. A right to use property owned by another for a limited purpose.






3. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






4. '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.






5. Questions relating to what happened: who - what - when - where - and how.






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






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






8. A summary of one legal point in a court opinion; written by the editors at West.






9. Federal and state rules that govern the admissibility of evidence in court.






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






11. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.






12. Without the need for a warrant - the police may seize objects that are openly visible.






13. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.






14. A method for excusing a prospective juror; no reason need be given.






15. A form in which statutes are published; they are printed individually at the time they are first enacted.






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






17. A national association of paralegal managers.






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






19. Evidence that suggests the defendant's innocence.






20. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.






21. The tort theory that an employer can be sued for the negligent acts of its employees.






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






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






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






25. A requirement that a party fulfill his or her contractual obligations.






26. 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.






27. A request made to the court.






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






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






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






31. The person who is being asked questions at a deposition.






32. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.






33. The highest federal appellate court - consisting of nine appointed members.






34. 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.






35. The court's power to review statutes to decide whether they conform to the Constitution.






36. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.






37. The failure to act reasonably under the circumstances.






38. Consists of the description of events that a witness testifies to under oath in a legal proceeding.






39. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.






40. Law that deals with harm to an individual.






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






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






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






44. Questions that suggest the answer.






45. 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.






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






47. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.






48. A person who initiates an appeal.






49. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.






50. A worldwide network of computer networks.







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