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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. Questions that suggest the answer.






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






4. A judgment entered against a party who fails to complete a required step - such as answering the complaint.






5. Rules of conduct promulgated and enforced by the government.






6. General principles that guide the courts in their interpretation of statutes.






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






8. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.






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






10. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.






11. A request that the court release the defendant because of the illegality of the incarceration.






12. 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.






13. 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.






14. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.

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






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






17. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.






18. 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.






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






20. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.






21. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.






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






23. A worldwide network of computer networks.






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






25. In a case brief - the general legal principle in existence before the case began.






26. Money or something else of value that is held by the government to ensure the defendant's appearance in court.






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






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






29. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.






30. Simultaneously representing adverse clients.






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






32. Law that regulates how the legal system operates.






33. 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






34. A computerized database that contains key information about the content of documents - such as medical records.






35. Law that deals with harm to society as a whole.






36. A separable part of a statute that must be satisfied for the statute to apply.






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






38. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.






39. Law that creates rights and duties.






40. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a






41. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






42. The failure to act reasonably under the circumstances.






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






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






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






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






47. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.






48. Generally accepted legal principles.






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






50. The rules whereby all members of a law firm are treated as though they had represented the former client.







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