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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. A defendant's personal promise to appear in court.






2. Voluntarily and knowingly subjecting oneself to danger.






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






4. A request made to the court.






5. All property that is not real property.






6. The tenant's right to be free from interference from the landlord with respect to how the property is used.






7. The failure to act reasonably under the circumstances.






8. A defense requiring proof that the defendant would not have committed the crime but for police trickery.






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






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






11. A form in which statutes are published; they are printed individually at the time they are first enacted.






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






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. An approach whereby the courts give a statute a narrow interpretation.






15. Cases that involve similar facts and rules of law.






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






17. The status of having received a certificate documenting that the person has successfully completed an educational program.






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






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






20. A request that the court prohibit the use of certain evidence at the trial.






21. Questions relating to the interpretation or application of the law.






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






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






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






25. 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.






26. 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.






27. Federal and state rules that regulate how criminal proceedings are conducted.






28. When the law is applied to the client's facts and the result is not obvious - an issue is created.






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






30. A statement in a judicial opinion not necessary for the decision of the case.






31. When only one court has the power to hear a case.






32. A determination that an attorney may not practice law for a set period of time.






33. 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.






34. A worldwide network of computer networks.






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






36. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.






37. The judge informs the jurors of the law they need to know to make their decision.






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






39. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.






40. A defense whereby the defendant offers new evidence to avoid judgment.






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






42. A warrant that allows the police to enter without announcing their presence in advance.






43. A law promulgated by an administrative agency.






44. A pamphlet inserted into the back of a book containing information new since the volume was published.






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






46. 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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47. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.






48. When an appellate court overturns or negates the decision of a lower court.






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






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







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