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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 criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.






2. 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.






3. 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.






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






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






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






7. 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.






8. Courts that determine whether lower courts have made errors of law.






9. 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.






10. A reason for invalidating a statute where it covers both protected and criminal activity.






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






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






13. The power of a court to force a person to appear before it.






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






15. The rule that in order to claim self-defense there must have been no possibility of retreat.






16. A national paralegal association.






17. An introductory paragraph listing issues to be discussed in the order they are to be discussed.






18. A provision in a deed that prohibits specified uses of the property.






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






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






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






22. An act by a landlord that makes the premises unfit or unsuitable for occupancy.






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






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






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






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






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






28. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.






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






30. A person who permits or directs another person to act on the principal's behalf.






31. A national association of paralegal managers.






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






33. The papers that begin a lawsuit-generally - the complaint and the answer.






34. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.






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






36. Violation of a statute as proof of negligence






37. 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






38. 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.






39. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.






40. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.






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






42. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.






43. 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






44. The delivery of a pleading or other paper in a lawsuit to the opposing party.






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






46. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.






47. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.






48. A set of standardized jury instructions.






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






50. Voluntarily and knowingly subjecting oneself to danger.







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