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






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






3. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.






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






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






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






7. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.






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






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






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






11. The first ten amendments to the U.S. Constitution.






12. An approach whereby the courts give a statute a broad interpretation.






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






14. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.






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






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






17. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.






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






19. A person who initiates a lawsuit.






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






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






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






23. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.






24. A special type of joint tenancy applicable only to married couples.






25. 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.






26. A document that lists statements regarding specific items for the other party to admit or deny.






27. Evidence that suggests the defendant's innocence.






28. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.






29. Law that creates rights and duties.






30. 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






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






32. Being informed of some act done or about to be done.






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






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






35. Liability without having to prove fault.






36. A fee calculated as a percentage of the settlement or award in the case.






37. A national voluntary organization of lawyers.






38. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.






39. An intentional act that creates a harmful or offensive physical contact.






40. Voluntarily and knowingly subjecting oneself to danger.






41. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.






42. 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






43. A national association of paralegal managers.






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






45. 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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46. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.






47. A repeat offender; one who continues to commit more crimes.






48. Without the need for a warrant - the police may seize objects that are openly visible.






49. 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






50. 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.







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