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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 heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.






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






3. Someone who has the power to act in the place of another.






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






5. A provision that purports to waive liability.






6. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.






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






8. The questioning of your own witness.






9. 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.






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






11. Money is awarded to a plaintiff in payment for his or her actual losses.






12. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.






13. The new legal principle established by a court opinion.






14. 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.






15. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.






16. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.






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






18. Indirect evidence - used to prove facts by implication.






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






20. 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






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






22. A case listed in Shepard's that cites your case.






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






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






25. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.






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






27. When a person must be brought into a lawsuit as either a plaintiff or a defendant.






28. A person who initiates a lawsuit.






29. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






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






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






32. The failure to act reasonably under the circumstances.






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






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






35. The purpose of the legislature at the time it enacted the statute.






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






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






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






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






40. A situation in which a conflict of interest may arise in the future--for example - representing business partners.






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






42. The failure to act reasonably under the circumstances.






43. 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.






44. The power of government to take private property for public purposes.






45. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.






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






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






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






49. A defense requiring proof that the defendant would not have committed the crime but for police trickery.






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







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