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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. Bad act.






2. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.






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






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






5. An advance or down payment that is given to engage the services of an attorney.






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






7. Land and objects permanently attached to land.






8. The person who is being asked questions at a deposition.






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






10. Law that deals with harm to a person or a person's property.






11. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.






12. The court's power to review statutes to decide whether they conform to the Constitution.






13. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.






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






16. 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.






17. The modern pretrial procedure by which one party gains information from the adverse party.






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






19. 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.






20. A person who initiates an appeal.






21. The pleading that begins a lawsuit.






22. The failure of an attorney to act reasonably.






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






24. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.






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






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






27. A court's power to hear any type of case arising within its geographical area.






28. 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.






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






30. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.






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






32. Specific questions that usually demand very short or yes-no answers.






33. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.






34. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.






35. A summary of a court opinion that appears at the beginning of the case.






36. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.






37. An agreement supported by consideration.






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






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






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






41. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.






42. A statute that changes the common law.






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






44. The questioning of an opposing witness.






45. 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.






46. The revocation of an attorney's license.






47. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.






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






49. A national voluntary organization of lawyers.






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







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