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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. In a case brief - the general legal principle in existence before the case began.






2. Law that creates rights and duties.






3. Bad intent.






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






5. A court order authorizing a sheriff to take property in order to enforce a judgment.






6. The power of a court to force a person to appear before it.






7. A calendering system that records key dates and important deadlines.






8. A defense requiring proof that the defendant was not mentally responsible.






9. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.






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






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






12. A person who initiates an appeal.






13. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.






14. A statute establishing and setting out the powers of an administrative agency.






15. The publication of false statements that harm a person's reputation.






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






17. 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.






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






19. The power of a court to hear a particular type of case.






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






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






22. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.






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






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






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






26. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.






27. The application of legal rules to a client's specific factual situation; also known as legal analysis.






28. 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.






29. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.






30. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.






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






32. The power of a court to hear a case.






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






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






35. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.






36. 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.






37. A court's power to review statutes to decide if they conform to the federal or a state constitution.






38. A national association of paralegal managers.






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






40. 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.






41. Questions that suggest the answer.






42. A trial court error that is not sufficient to warrant reversing the decision.






43. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.






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






45. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.






46. Questions relating to what happened: who - what - when - where - and how.






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






48. 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.






49. The general jurisdiction trial courts in the federal system.






50. 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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