Exam (elaborations)
PARALEGAL EXAM QUESTIONS AND ANSWERS
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PARALEGAL EXAM QUESTIONS AND ANSWERS
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PARALEGAL EXAM QUESTIONS AND ANSWERSA client desires to neither admit to nor contest the charge that has been brought against
him. What is the proper Latin phrase to describe his plea? - Answers -Nolo contendere
What is the difference between an interrogatory and a deposition? - Answers -An
interrogatory consists of written questions, while a deposition is an oral statement made
under oath.
A paralegal has been asked by her attorney to file an appeal from a final order of the
trial court. Which of the following is the first step that should be taken by the paralegal? -
Answers -Determine the date the initial fiing with the appeals court must be made.
What conditions must be met for a judge to grant a motion for summary judgment? -
Answers -Evidence outside the pleadings establishes that there is no material issue of
fact such that the moving party is entitled to judgment.
Which of the following is not part of a summons and service of process? - Answers -The
answer
Which lawyer has engaged in professional misconduct?
-A lawyer who advances money for his client to cover litigation expenses and court
costs.
-A lawyer who, at the conclusion of the representation and with the client's consent,
publishes a book about his representation of a particular client.
-A lawyer who makes an aggregate settlement of the claims of two or more of his clients
without the clients' consent.
-A lawyer who conducts a press conference with his or her client's permission. -
Answers -A lawyer who makes an aggregate settlement of the claims of two or more of
his clients without the clients' consent.
The court of original jurisdiction for misdemeanors is:
-civil superior court
-criminal district court
-civil district court
-criminal superior court - Answers -Criminal District Court
Correspondence relating to a client's case should be:
-Filed anywhere in the client's file.
-In a file with all other correspondence received/sent by the firm.
-In a Correspondence subfile for the client's case.
-Electronically scanned and then destroyed. - Answers -In a correspondence subfile for
the client's case.
How long does a defendant have to answer if served by certified mail?
-30 days
,-33 days
-40 days
-3 months if an extension is obtained - Answers -30 days
When should a file be closed?
-After the final action in the case
-December 31 of each year
-When the final bill is mailed
-When the responsible lawyer leaves the firm - Answers -After the final action in the
case
Which task may a lawyer not delegate to a paralegal?
-Establishing the lawyer-client relationship
-Preparing a standard form document
-Filing documents with the courts or agencies
-Handling procedural or administrative matters - Answers -Establishing the lawyer-client
relationship
A contract is considered executed when:
-All promises or duties have been carried out.
-All requirements for a valid contract have been met.
-There are still promises or duties to be carried out.
-The contract has been signed by all the parties - Answers -All promises or duties have
been carried out.
To modify a child custody order one party must show:
-Financial need.
-Parental unfitness.
-Best interest of the child.
-Substantial change in circumstances - Answers -Substantial change in circumstances
Jim owns a grocery store. Jim has a one-year contract with Bob for Bob to pick up trash
in consideration of $100.00 a month. Jim sells the grocery store to Steve. Jim and Steve
meet with Bob and it is agreed that Bob will continue to pick up the trash for Steve.
Steve will pay Bob $100.00 a month for this service. Bob will have no future contract
rights against Jim and Jim will have no future contract rights against Bob. In contract
law this is called a:
-novation
-promissory estoppel
-counter-offer
-revocation - Answers -Novation
A gift of personal property by will is called:
-a bequest
-a devise
-an advancement
, -a codicil - Answers -A bequest
The attorney you work for is trying to prove that a contract her client signed is invalid.
Which of following conditions would have to be true for this to be the case? - Answers -
The client was a minor at the time the contract was signed.
Neighboring property owners dispute whether or not a written and recorded easement
grants certain rights. What type of action would most likely be filed to settle this dispute?
- Answers -A declaratory judgment action
A paralegal answers an incoming call from a new client who needs legal advice
immediately. The paralegal should respond as follows: - Answers -"I'm a paralegal and
I'll have the attorney get back to you."
A lawsuit has been filed and the summons has been delivered to the defendant. He fails
to file an answer within the time frame set by the court. What happens next? - Answers -
Plaintiff's counsel will file a motion for default judgment.
A paralegal is to give notice to a witness of a deposition. Which of the following are
acceptable means to give notice of a deposition? - Answers -written notice by mail
You have found work as a litigation paralegal. Which of the following is NOT likely to be
one of your duties? - Answers -Sign the pleadings
Any of the following actions can result in either criminal or civil charges being filed
against a client. Which of the actions is most likely to result in a civil lawsuit? - Answers
-A customer pays for a TV with a check and it bounces
A company has filed a motion with the U.S. Patent and Trademark Office to trademark
its logo, but the motion has not yet been granted. Which symbol should the company
use next to their logo in the meantime? - Answers -TM
Which of the following remedies for breach of contract must be included in the contract
in order to be recoverable? - Answers -Attorney fees and costs
A number of events take place as part of discovery in a lawsuit. Which of the following is
not one of them? - Answers -Motion to Dismiss
After the parties sign a contract, a party finds that the contract fails to express the
intention of the parties due to mutual mistake. The contract is rewritten to clarify and
correct the errors. What is the proper name for this process? - Answers -Reformation
A judge has entered judgment and awarded damages to a client who incurred no
financial losses as a result of the conduct underlying the case. What is the proper term
for the kind of damages the judge has awarded? - Answers -Nominal damages
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