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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 failure to act reasonably under the circumstances.






2. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.






3. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.






4. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.






5. A defendant's plea meaning that the defendant neither admits nor denies the charges.






6. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.






7. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.






8. In a case brief - facts that deal with what happened to the parties before the litigation began.






9. Questions that suggest the answer.






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






11. Evidence that suggests the defendant's guilt.






12. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.






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






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






15. Summary of one legal point in a court opinion; written by the editors at West.






16. 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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17. An issue that the court has never faced before.






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






19. A canon of construction meaning 'of the same class.:






20. The delivery of a pleading or other paper in a lawsuit to the opposing party.






21. The intermediate appellate courts in the federal system.






22. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.






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






24. 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.






25. 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






26. The questioning of your own witness.






27. Broad questions that put few limits on the freedom of the respondent.






28. The party in a case against whom an appeal has been filed.






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






30. A summary of one legal point in a court opinion; written by the editors at West.






31. An introductory paragraph listing issues to be discussed in the order they are to be discussed.






32. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.






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






34. 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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35. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.






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






37. An opinion in which a majority of the court joins.






38. 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.






39. A temporary transfer of personal property to someone other than the owner for a specified purpose.






40. A person who initiates an appeal.






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






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






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






44. Evidence that suggests the defendant's innocence.






45. A national association of paralegal associations.






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






47. A national voluntary organization of lawyers.






48. Law that creates rights and duties.






49. 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.






50. 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.







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