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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 court order requiring a person to appear to testify at a trial or deposition.






2. Someone who has the power to act in the place of another.






3. 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






4. The law itself - such as statutes and court opinions.






5. A court's power to hear only specialized cases.






6. The purpose of the legislature at the time it enacted the statute.






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






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






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






10. A summary of one legal point in a court opinion; written by the editors at West.






11. Voluntarily and knowingly subjecting oneself to danger.






12. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.






13. A claim by the defendant against the plaintiff.






14. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.






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






16. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.






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






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






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






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






21. 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.






22. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.






23. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.






24. 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.






25. A court order requiring a party to perform a specific act or to cease doing a specific act.






26. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.






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






28. Proof that the evidence is what it is said to be.






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






30. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.






31. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.






32. The failure to act reasonably under the circumstances.






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






34. Law that regulates how the legal system operates.






35. 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.






36. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.






37. A request that the court release the defendant because of the illegality of the incarceration.






38. A compilation of federal administrative regulations arranged by agency.






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






40. Located in most codified statutes - this table lists statutes by their popular names along with their citations.






41. An opinion that agrees with the majority's result but disagrees with its reasoning.






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






43. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.






44. 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.






45. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.






46. The requirement that relief be sought from an administrative agency before proceeding to court.






47. The opinion of a jury on a question of fact.






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






49. Evidence that suggests the defendant's innocence.






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







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