Accurate Answers
12(b)(6) motion correct answer A request that the court find the plaintiff has
failed to state a valid claim and dismiss the complaint.
Active Listening correct answer The process of signaling that you are really
listening, accomplished by using verbal and nonverbal clues, paraphrasing, and
reflecting the client's feelings.
Actual cause correct answer Also known as cause in fact, this is measured by the
"but for" standard: But for the defendant's actions, the plaintiff would not have
been injured.
Actus rea correct answer Bad act.
Administrative law correct answer Rules and regulations created by
administrative agencies.
Adverse possession correct answer 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.
Affirm correct answer A decision is affirmed when the litigants appeal the trial
court decision and the higher court agrees with what the lower court has done.
Affirm correct answer When a higher court agrees with what lower court has
done.
,Affirmative defense correct answer A defense whereby the defendant offers new
evidence to avoid judgment.
Affirmative defense correct answer A defense whereby the defendant offers new
evidence to avoid judgment.
Agent correct answer Someone who has the power to act in the place of another.
Alternative dispute resolution (ADR) correct answer Techniques for resolving
conflicts that are alternatives to full-scale litigation. The two most common are
arbitration and mediation.
American Association for Paralegal Education (AAfPE) www.aafpe.org correct
answer A national organization of paralegal programs that promotes high
standards for paralegal education.
American Bar Association (ABA) www.abanet.org correct answer A national
voluntary organization of lawyers.
Analogous cases correct answer Cases that involve similar facts and rules of law.
Annotated statutes correct answer A privately published statutory code that
includes editorial features, such as summaries of court opinions that have
interpreted the statutes.
,Answer correct answer Defendant's reply to the complaint. It may contain
statements of denial, admission, or lack of knowledge and affirmative defenses.
Appellant or petitioner correct answer A person who initiates an appeal.
Appellate brief correct answer An attorney's written argument presented to an
appeals court, setting forth a statement of the law as it should be applied to the
client's facts.
Appellate courts correct answer Courts that determine whether lower courts
have made errors of law.
Appellate or petitioner correct answer The party in a case who has initiated an
appeal.
Appellee or respondent correct answer The party in a case against whom an
appeal has been filed.
Appellee or respondent correct answer The party in a lawsuit against whom an
appeal has been filed.
Arbitration correct answer An ADR mechanism whereby the parties submit their
disagreement to a third party, whose decision is binding.
Arraignment correct answer A criminal proceeding at which the court informs the
defendant of the charges being brought against him or her and the defendant
enters a plea.
, Arrest correct answer Occurs when the police restrain a person's freedom and
charge the person with a crime.
Assault correct answer An intentional act that creates a reasonable apprehension
of an immediate harmful or offensive physical contact.
Assumption correct answer In logic, a belief that justifies one in arguing a
conclusion.
Assumption of the risk correct answer Voluntarily and knowingly subjecting
oneself to danger.
Assumption of the risk correct answer Voluntarily and knowingly subjecting
oneself to danger.
Attorney-client privilege correct answer A rule of evidence that prevents an
attorney or a paralegal from being compelled to testify about confidential client
information.
Authentication correct answer Proof that the evidence is what it is said to be.
Bail correct answer Money or something else of value that is held by the
government to ensure the defendant's appearance in court.
Bailment correct answer A temporary transfer of personal property to someone
other than the owner for a specified purpose.