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






2. Liability without having to prove fault.






3. A national association of paralegal associations.






4. 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.






5. A court's prior permission for the police to search and seize.






6. The process of organizing statutes by subject matter.






7. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.






8. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.






9. 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.






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






11. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.






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






13. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.






14. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.


15. 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.






16. Evidence that is derived from an illegal search or interrogation is inadmissible.






17. Representing someone who is in a position adverse to a prior client.






18. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.






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






20. General principles that guide the courts in their interpretation of statutes.






21. A court opinion that establishes new law in an important area.






22. The failure to act reasonably under the circumstances.






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






24. Violation of a statute as proof of negligence






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






26. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.






27. A national voluntary organization of lawyers.






28. The failure of an attorney to act reasonably.






29. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.






30. The final paragraph in a written legal analysis that summarizes the writer's conclusions.






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






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






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






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






35. Bad intent.






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






37. Disregarding a substantial and unjustifiable risk that harm will result.






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






39. Voluntarily and knowingly subjecting oneself to danger.






40. A request that the court order that certain information not be mentioned in the presence of the jury.






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






42. 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.






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






44. 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.






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






46. In a case brief - the rule of law applied to the case's specific facts.






47. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.






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






49. 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.






50. 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.






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