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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. 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.






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






3. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a






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






5. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.






6. 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.






7. The process of organizing statutes by subject matter.






8. The chronological publication of statutes at the end of a legislative session.






9. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.






10. Governmental publication of court opinions.






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






12. Evidence that supports previous testimony but that comes in a different form.






13. Courts that determine whether lower courts have made errors of law.






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






15. Bad intent.






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






17. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.






18. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.






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






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






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






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






23. Specific questions that usually demand very short or yes-no answers.






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






25. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.






26. 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.






27. Questions relating to the interpretation or application of the law.






28. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.






29. A judicial philosophy that supports an active role for the judiciary in changing the law.






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






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






32. To perform.






33. The process of properly identifying and authenticating evidence so that it can be introduced.






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






35. A witness who possesses skill and knowledge beyond that of the average person.






36. Occurs when the police restrain a person's freedom and charge the person with a crime.






37. 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.






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






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






40. A defense whereby the defendant offers new evidence to avoid judgment.






41. The tort theory that an employer can be sued for the negligent acts of its employees.






42. Without the need for a warrant - the police may seize objects that are openly visible.






43. A book that contains court opinion headnotes arranged by subject matter.






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






45. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.






46. A term used to describe a case that is similar to another case.






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






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






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






50. A national voluntary organization of lawyers.






Can you answer 50 questions in 15 minutes?



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