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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 business run by two or more persons as co-owners.






2. 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.






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






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






5. The result reached in a particular case.






6. A trial conducted without a jury.






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






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






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






10. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.






11. 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






12. A national voluntary organization of lawyers.






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






14. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.






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






16. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.






17. All property that is not real property.






18. 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.






19. A person who initiates an appeal.






20. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.






21. A provision in a deed that prohibits specified uses of the property.






22. The judge informs the jurors of the law they need to know to make their decision.






23. 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.






24. '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.






25. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.






26. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.

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27. Voluntarily and knowingly subjecting oneself to danger.






28. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.






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






30. A national association of paralegal managers.






31. 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.






32. Information about the law - such as that contained in encyclopedias and law review articles.






33. Simultaneously representing adverse clients.






34. 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.






35. A term used to describe two cases that are almost identical - with similar facts and legal issues.






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






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






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






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






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






41. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.






42. 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.






43. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.






44. Law that deals with harm to an individual.






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






46. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.






47. 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.






48. A request made to the court.






49. An agreement supported by consideration.






50. When more than one court has jurisdiction to hear a case.







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