2024 NC PARALEGAL CERTIFICATION TEST FROM STUDY GUIDE QUESTIONS AND ANSWERS

acceptance - In contract law, the offeree's indication to the offeror that the offeree agrees to be bound by the terms of the offerors offer or proposal to form a contract acquittal - a certification or declaration following a trial that the individual accused of a crime is innocent or free from guild in the eyes of the law and is thus absolved of the charges actionable - capable of service as the basis of a lawsuit. an _____ claim can be pursued in a lawsuit or other court action active listening - the act of listening to the speaker's message and responding by giving appropriate feedback to show that you understand what the speaker is saying; restating the speaker's message in your own words to confirm that you accurately interpreted what was said actual malice - real and demonstrative evil intent. In a defamation suit, a statement made about a public figure must be made with ______ ________ (with either knowledge of its falsity or a reckless disregard of the truth) for liability to be incurred actus reus - A guilty (prohibited) act. The commission of a prohibited one of the two elements required for criminal liability; the other is the intent to commit a crime ad valorem - Derived from the latin, meaning "to the value" It is commonly applied to tax imposed on the value of property address block - the part of a letter that indicates to whom the letter is directed. It is placed in the upper left hand portion of the letter above the salutation (of reference line if one is included) ademption clause - the revocation, recalling or cancellation of a legacy, according to the apparent intention of the testator, implied by the law from acts done by the testator in life adjudication - the act of resolving a controversy and rendering an order of decision based on a review of the evidence presented administrative agency - a federal or state government agency established to perform a specific function. _________ ________ are authorized by legislative acts to make and enforce rules relating to the purpose for which they were established administrative law - a body of law created by administrative agencies in the form of rules, regulations, orders, and decisions in order to carry out their duties and responsibilities administrative law judges - One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations otherwise authorized by law administrative process - the procedure used by administrative agencies in the administration of law administrator - a person appointed by court to serve as a personal representative for a person who died intestate or if the executor named in a will cannot serve adoption - a procedure in which persons become the legal parents of a child who is not their biological child adversarial system of justice - a legal system in which the parties to a lawsuit are opponents, or adversaries, and present their cases in the light most favorable to themselves. The impartial decision maker (the judge or jury) determines who wins and who loses based on the evidence presented adverse possession - a process by which premises can change ownership. It is a common law concept concerning the title to real property affidavit - a written statement of facts confirmed by the oath or affirmation of the party making it and can be made before a person having authority to administer the oath of affirmation affirm - (in appeals court) to uphold the judgment of a lower court affirmative defense - a response to a plaintiff's' claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action