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






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






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






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






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






6. 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).






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






8. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.






9. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.






10. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.






11. Questions relating to the interpretation or application of the law.






12. A national paralegal association.






13. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.






14. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.






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






16. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.






17. 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.






18. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.






19. When the defendant does not have sufficient money or other assets to pay the judgment.






20. A canon of construction meaning 'of the same class.:






21. Questions that suggest the answer.






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






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






25. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.






26. 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.






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






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






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






30. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information






31. 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.






32. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.






33. A decision is reversed when an appellate court overturns or negates the decision of a lower court.






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






35. A determination that an attorney may not practice law for a set period of time.






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






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






38. 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.






39. In a case brief - facts that deal with what happened to the parties before the litigation began.






40. 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.






41. Disregarding a substantial and unjustifiable risk that harm will result.






42. 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.






43. 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.






44. An intentional act that creates a harmful or offensive physical contact.






45. Consists of records - contracts - leases - wills - and other written instruments.






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






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






48. The party in a case against whom an appeal has been filed.






49. 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.






50. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.







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