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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 computerized database that contains the full text of documents - such as court opinions or depositions.






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






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






4. A national association of paralegal managers.






5. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.






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






7. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.






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






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






10. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne






11. A suspicion based on specific facts; less than probable cause.






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






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






14. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.






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






16. Land and objects permanently attached to land.






17. A reason for invalidating a statute where it covers both protected and criminal activity.






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






19. In logic - a belief that justifies one in arguing a conclusion.






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






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






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






23. An intentional act that creates a harmful or offensive physical contact.






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






25. 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.






26. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.






27. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.






28. A statute that changes the common law.






29. Voluntarily and knowingly subjecting oneself to danger.






30. A requirement that a party fulfill his or her contractual obligations.






31. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.






32. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.






33. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.






34. A provision that purports to waive liability.






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






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






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






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






39. A bank account used to hold money belonging to the client or to a third party.






40. 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.






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






42. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.






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






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






45. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.






46. 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.






47. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.






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






49. Rules and regulations created by administrative agencies.






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







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