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






2. Court decisions from a higher court in the same jurisdiction.






3. 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.






4. When an appellate court sends a case back to the trial court for a new trial or other action.






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






6. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.






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






8. Liability without a showing of fault.






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






10. Something of value exchanged to form the basis of a contract.






11. The educated ability to apply law to specific facts.






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






13. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.






14. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.






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






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






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






18. 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.






19. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.






20. Cases that involve different facts and/or rules of law.






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






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






23. Liability without having to prove fault.






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






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






26. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.

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






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






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






30. A witness who has not been shown to have any special expertise.






31. Evidence that supports previous testimony but that comes in a different form.






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






33. Used to describe legislation that changes the common law.






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






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






36. All property that is not real property.






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






38. Written questions sent by one side to the opposing side - answered under oath.






39. A provision that purports to waive liability.






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






41. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.






42. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.






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






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






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






46. Simultaneously representing adverse clients.






47. In a case brief - the rule of law applied to the case's specific facts.






48. The pretrial oral questioning of a witness under oath.






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






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







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