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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. The questioning of an opposing witness.






2. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.






3. When more than one court has jurisdiction to hear a case.






4. 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.






5. A set charge for a specific service - such as drafting a simple will.






6. The transfer of a case from one state court to a federal court.






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






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






9. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.






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






11. 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.






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






13. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.






14. 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






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






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






17. 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.






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. An approach whereby the courts give a statute a broad interpretation.






20. Voluntarily and knowingly subjecting oneself to danger.






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






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






23. Generally - an emergency situation that allows a search to proceed without a warrant.






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






25. The process of properly identifying and authenticating evidence so that it can be introduced.






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






27. A tangible object or a right or ownership interest.






28. 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.






29. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne






30. 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.






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






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






33. Law that deals with harm to an individual.






34. The failure to act reasonably under the circumstances.






35. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.






36. The general jurisdiction trial courts in the federal system.






37. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.






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






39. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.






40. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.






41. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.






42. A computerized database that contains the full text of documents - such as court opinions or depositions.






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






44. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.






45. 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.






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






47. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.






48. Questions that suggest the answer.






49. 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.






50. All property that is not real property.






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