PARALEGAL CORE
COMPETENCY EXAM (LATEST
EXAM QUESTIONS AND
CORRECT ANSWERS)
Abatement
Process of selling estate property to pay debts.
Abatement of Rent
A deduc8on from the rent owed for the diminishment in value of the premises
caused by the lack of maintenance.
Abstract of Title
Chronological summary of all official records and recorded documents affec8ng
the 8tle to a parcel of land.
Accord and Sa8sfac8on
The payment of money, or other valuable considera8on (usually less than the
amount owed), in exchange for ex8nguishment of a debt. There must be an
express or implied agreement that accep8ng the smaller sum discharges the
obliga8on to pay the larger sum.
AcquiGal
The legal cer8fica8on that an accused person is not guilty of the charged
offense.
Actual No8ce
Direct knowledge a person has about the ownership and condi8on of 8tle of
real property.
Actus Reus
,La8n term: "guilt act." The wrongful deed that comprises the physical
components of a crime and that generally must be coupled with mens rea to
establish criminal liability.
Administra8ve Authority
Rules, regula8ons and decisions enacted by federal, state and local agencies;
also includes execu8ve orders for of the President/Governor.
Administrator (male)/Administratrix (female)
Personal representa8ve appointed by the court when there is no valid will.
Advance Direc8ve
Document that expresses the health care wishes of the signor.
Advance Sheets
Contains recent cases or statutes enacted or decided aQer the hardbound
volume was published. The documents in the ___ ___ will be included in the
next hardbound volume of the published set.
Adverse Possession
Acquiring 8tle through taking possession of land that belongs to another
without the owner's consent and retaining possession for a statutory amount
of 8me. It must be: (i) hos8le, meaning it must be without the owner's consent;
(ii); actual, meaning there must be physical dominion and control exerted over
the property; (iii) open and notorious, meaning anyone would be able to
determine possession for the en8re statutory period; and (v) exclusive,
meaning that the adverse possessor cannot share use of the land in ques8on
with its 8tle owner.
Affidavit
A sworn statement in wri8ng, made under oath.
Affirma8ve Defense (civil)
A fact raised by the defendant that cons8tutes a defense to the complaint.
,Affirma8ve Defense (criminal)
A set of facts that tend to excuse the defendant from the crime with which they
have been charged.
Alimony
An award of money given from one spouse to the other. Dura8on of ___ can be
for a very specific 8me period and will automa8cally terminate upon a specific
date, or it may be unlimited, termina8ng only upon the death of the payor
spouse or the payee spouse. ___ is also known as "Spousal Separate
Maintenance" and/or "Spousal Support." It is important to note that, in some
jurisdic8ons, spousal support and ___ are different.
Alimony Pendente Lite (APL)
An award of money given from one spouse to the other prior to entry of a final
decree; more literally, pending the li8ga8on.
American Law Reports (ALR)
Published in a series; a secondary legal authority that publishes selected cases
followed by extensive ar8cles (a/k/a annota8ons) which discuss the issues
raised.
Ancestor
Rela8ve of a previous genera8on.
Ancillary Administra8on
Estate administra8on established in a state where property is located outside
of the domiciliary state.
Annulment
The act of making something void and wiping it out completely.
An8cipatory Repudia8on
Occurs when one party posi8vely states that they will not substan8ally perform
a contract.
, Appeal
To ask a court of appellate jurisdic8on to review the decision of the lower court
of the basis that the lower court made an error of law.
Appellant
The party who asks the higher court to review the lower/trial court's decision.
Appellee
A party against whom an appeal is taken and whose role is to respond to, or
defend, that appeal.
Arraignment
The ini8al step in a criminal prosecu8on whereby the defendant is brought
before the court to hear the charges and enter a plea.
Arrest
The taking or keeping of a person in custody by legal authority in response to a
criminal charge.
Ar8cles of Incorpora8on
The governing document of the corpora8on, which must be filed with the
Secretary of State in the state of incorpora8on.
Ar8cles of Limited Liability Partnership
Public document that must be filed with the Secretary of State in the state of
incorpora8on.
Assump8on of the Risk
A defense used when it is alleged that the plain8ff assumed a risk knowingly
and willingly of the possibility of harm.
AGesta8on
Clause signed by witnesses to a will.
AGorney-Client Privilege
A privilege protec8ng communica8ons between a client and his/her lawyer.
COMPETENCY EXAM (LATEST
EXAM QUESTIONS AND
CORRECT ANSWERS)
Abatement
Process of selling estate property to pay debts.
Abatement of Rent
A deduc8on from the rent owed for the diminishment in value of the premises
caused by the lack of maintenance.
Abstract of Title
Chronological summary of all official records and recorded documents affec8ng
the 8tle to a parcel of land.
Accord and Sa8sfac8on
The payment of money, or other valuable considera8on (usually less than the
amount owed), in exchange for ex8nguishment of a debt. There must be an
express or implied agreement that accep8ng the smaller sum discharges the
obliga8on to pay the larger sum.
AcquiGal
The legal cer8fica8on that an accused person is not guilty of the charged
offense.
Actual No8ce
Direct knowledge a person has about the ownership and condi8on of 8tle of
real property.
Actus Reus
,La8n term: "guilt act." The wrongful deed that comprises the physical
components of a crime and that generally must be coupled with mens rea to
establish criminal liability.
Administra8ve Authority
Rules, regula8ons and decisions enacted by federal, state and local agencies;
also includes execu8ve orders for of the President/Governor.
Administrator (male)/Administratrix (female)
Personal representa8ve appointed by the court when there is no valid will.
Advance Direc8ve
Document that expresses the health care wishes of the signor.
Advance Sheets
Contains recent cases or statutes enacted or decided aQer the hardbound
volume was published. The documents in the ___ ___ will be included in the
next hardbound volume of the published set.
Adverse Possession
Acquiring 8tle through taking possession of land that belongs to another
without the owner's consent and retaining possession for a statutory amount
of 8me. It must be: (i) hos8le, meaning it must be without the owner's consent;
(ii); actual, meaning there must be physical dominion and control exerted over
the property; (iii) open and notorious, meaning anyone would be able to
determine possession for the en8re statutory period; and (v) exclusive,
meaning that the adverse possessor cannot share use of the land in ques8on
with its 8tle owner.
Affidavit
A sworn statement in wri8ng, made under oath.
Affirma8ve Defense (civil)
A fact raised by the defendant that cons8tutes a defense to the complaint.
,Affirma8ve Defense (criminal)
A set of facts that tend to excuse the defendant from the crime with which they
have been charged.
Alimony
An award of money given from one spouse to the other. Dura8on of ___ can be
for a very specific 8me period and will automa8cally terminate upon a specific
date, or it may be unlimited, termina8ng only upon the death of the payor
spouse or the payee spouse. ___ is also known as "Spousal Separate
Maintenance" and/or "Spousal Support." It is important to note that, in some
jurisdic8ons, spousal support and ___ are different.
Alimony Pendente Lite (APL)
An award of money given from one spouse to the other prior to entry of a final
decree; more literally, pending the li8ga8on.
American Law Reports (ALR)
Published in a series; a secondary legal authority that publishes selected cases
followed by extensive ar8cles (a/k/a annota8ons) which discuss the issues
raised.
Ancestor
Rela8ve of a previous genera8on.
Ancillary Administra8on
Estate administra8on established in a state where property is located outside
of the domiciliary state.
Annulment
The act of making something void and wiping it out completely.
An8cipatory Repudia8on
Occurs when one party posi8vely states that they will not substan8ally perform
a contract.
, Appeal
To ask a court of appellate jurisdic8on to review the decision of the lower court
of the basis that the lower court made an error of law.
Appellant
The party who asks the higher court to review the lower/trial court's decision.
Appellee
A party against whom an appeal is taken and whose role is to respond to, or
defend, that appeal.
Arraignment
The ini8al step in a criminal prosecu8on whereby the defendant is brought
before the court to hear the charges and enter a plea.
Arrest
The taking or keeping of a person in custody by legal authority in response to a
criminal charge.
Ar8cles of Incorpora8on
The governing document of the corpora8on, which must be filed with the
Secretary of State in the state of incorpora8on.
Ar8cles of Limited Liability Partnership
Public document that must be filed with the Secretary of State in the state of
incorpora8on.
Assump8on of the Risk
A defense used when it is alleged that the plain8ff assumed a risk knowingly
and willingly of the possibility of harm.
AGesta8on
Clause signed by witnesses to a will.
AGorney-Client Privilege
A privilege protec8ng communica8ons between a client and his/her lawyer.
