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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 person who initiates a lawsuit.






3. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.






4. 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.






5. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.






6. When an appellate court that normally sits in panels sits as a whole.






7. 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.






8. The process of finding the law.






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






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






11. 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.






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






13. Books that contain appellate court decisions. There are both official and unofficial reporters.






14. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.






15. The reference to a particular page within an opinion.






16. Governmental publication of court opinions.






17. In a complaint - one cause of action.






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






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






20. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.






21. Money is awarded to a plaintiff in payment for his or her actual losses.






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






23. When a higher court agrees with what lower court has done.






24. 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.






25. Bad intent.






26. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.






27. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.






28. A public or private statement that an attorney's conduct violated the code of ethics.






29. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00






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






31. The number of hours - or parts of an hour - that can be charged to a specific client.






32. Generally - an emergency situation that allows a search to proceed without a warrant.






33. 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.






34. Information that can be presented in a court of law as proof of some fact.






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






36. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.






37. Including more than one count in a complaint; the counts do not need to be consistent.






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






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






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






41. Indirect evidence - used to prove facts by implication.






42. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.






43. Violation of a statute as proof of negligence






44. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.






45. 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.






46. Consists of the description of events that a witness testifies to under oath in a legal proceeding.






47. A judicial philosophy that supports an active role for the judiciary in changing the law.






48. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.






49. The process of legislative enactment of areas of the law previously governed solely by the common law.






50. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.






Can you answer 50 questions in 15 minutes?



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