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NALA Practice Exam Questions And Answers 2024 Solutions Which of the following are sources of law used in the American Legal System? ANS There are three major sources of law in the American Legal System: Statutory law, which is created by the legislative branch; case law, which the courts inter...

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  • September 2, 2024
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NALA Practice Exam Questions And Answers 2024
Solutions
Which of the following are sources of law used in the American Legal System? ANS There are three major
sources of law in the American Legal System:

Statutory law, which is created by the legislative branch;

case law, which the courts interpret and apply the law; and

administrative rules and regulations. Executive orders fall under administrative rules.



The court determines if court rules have been followed and creates case law on those rules. Civil law is a legal
system utilized mainly in foreign countries where the only task of the court is to apply the law created by legislative
bodies. Canon law is a legal system used exclusively by religious organizations.



A quit claim deed is often used when? ANS To clear a title defect



Who can make a valid will? ANS Anyone who is of sound mind and meets the statutory age requirement



In preparing for trial, a paralegal cannot bill for: ANS Copying exhibits



Which of the following is not an exception to offer? ANS Statement of intent



Which type of deed is used to convey real property following a tax sale? ANS A tax deed is used to convey real
property following a sale for tax delinquencies. A sheriff's deed is used to convey title following foreclosure on a
mortgage or a court ordered sale for a judgment. A representative's deed is used to convey real property from a
decedent's estate. A quit claim deed is used when the grantor is release any possible interest in real property it does
not claim.



Which type of deed is used to convey real property following a tax sale? ANS In a trust, the settlor creates the
trust and appoints a trustee to manage the trust property for the benefit of the beneficiaries of the trust.



Which of the following is not required in an offer? ANS Legal capacity of parties




Statement of intent by offeror, definite proposal & terms, and communication to offeree are all required elements of
an offer.

,Which is not a required element of a contract? ANS Seal



The 3 main required elements of a contract are offer, acceptance and consideration.



The unauthorized practice of law violations do not focus on: ANS Education of paralegals



The Unauthorized practice of law focuses on what paralegals can and cannot do, along with how paralegals indicate
who they are with clients/public.



The requirements of due process of law apply only to: ANS Government actions, the requirements of due
process of law are a limitation on government and therefore apply only to government actions.



Bankruptcy Law in the United States is exclusively: ANS In the United States, bankruptcy is exclusively
governed by federal law pursuant to Article I, Section 8, Clause 4 of the United States Constitution.



Which of the following would satisfy the federal requirements for diversity of citizenship? ANS Diversity of
citizenship is one way that a lawsuit can qualify to be litigated in federal court. If the adverse parties are from
different states (and the case is worth at least $75,000), then the federal courts have jurisdiction. However, every
plaintiff must be from a different state than every defendant, regardless of whether the parties are individuals,
entities, or governmental units. Moreover, diversity is only relevant to civil suits; criminal jurisdiction is determined
by the location and nature of the criminal offense alleged, not by any party's citizenship.



Greg Sanders was injured in an auto accident. Emily Harris is the defendant. During the trial, Emily proves that
Greg was not wearing his seat belt at the time of the accident, which caused more severe injuries to him. If the court
bars any recovery by Greg because of own negligence, the court is following this doctrine: ANS If the defendant
is successful in proving the plaintiff was contributorily negligent, the plaintiff cannot recover any damages from the
defendant, even if the defendant's negligence was a more substantial cause of plaintiff's injury than the plaintiff's
own contributory negligence. Thus, contributory negligence is an absolute defense to a plaintiff's law suit, even if
the plaintiff's contributory negligence was only a slight cause of his or her injuries.



The subject matter in a real estate offer must include: ANS The subject matter of a real estate transaction must
identify the land and the price.



Elmer's transfer to Tom of rights he has under a contract with Pepperdine's, a Nevada retail company, is known as:
ANS An assignment

, A delegation is a transfer of duties so A is not the correct answer. Elmer and Tom are parties to the contract so they
are neither kind of third party beneficiary.



After the producing party notifies the receiving party of inadvertent production under the "clawback" provision of
Federal Rule of Civil Procedure 26, the receiving party can: ANS Federal Rule of Civil Procedure 26(b)(5)(B)
states that if information produced in discovery is subject to a claim of privilege or of protection as trial-preparation
material, the party making the claim may notify any party that received the information of the claim and the basis for
it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies
it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the
information if the party disclosed it before being notified; and may promptly present the information to the court
under seal for a determination of the claim. The producing party must preserve the information until the claim is
resolved.



Shelby wants to sell her property known as Blackacre, but there are several issues with the title to the property.
Which of the following does not represent a lien on title to Blackacre (assuming that all necessary documentation to
perfect a lien has been filed with the local Recorder of Deeds' office)? ANS Shelby rented the property last year
to Eric, and Eric's creditor obtained a judgment against him




As a tenant, Eric has no ownership interest in Blackacre, and therefore his creditor cannot place a judgment lien on
the title to the property. A mortgage represents a lien on title as do unpaid property taxes. As a contractor who
worked on the property, Ben has a mechanic's lien on the property.



How many articles are there in the Federal Rules of Evidence? ANS The 11 articles are

1) General Provisions,

2) Judicial Notice,

3) Presumptions in Civil Actions and Proceedings, 4) Relevancy and Its Limits,

5) Privileges,

6) Witnesses,

7) Opinions and Expert Testimony,

8) Hearsay,

9) Authentication and Identification,

10) Contents of Writing, Recordings, and Photographs, and

11) Miscellaneous Rules.



The tort of fraud involves the misrepresentation of facts for the purpose of inducing another party to rely on the
misrepresentation. Which one of the following elements is an integral part of the tort of fraud? ANS Intentional
conduct

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