NC PARALEGAL
CERTIFICATION EXAM
party - ANSWERS-With respect to lawsuits, the plaintiff or the
defendant. Some cases involve multiple parties (more than one
plaintiff or defendant).
passive listening - ANSWERS-The act of listening attentively to the
speaker's message and responding to the speaker by providing verbal
or nonverbal cues that encourage the speaker to continue; in effect,
saying "I'm listening, please go on."
patent - ANSWERS-A government grant that gives an inventor the
exclusive right or privilege to make, use, or sell that invention for a
limited time period. (HOW LONG?)
paternity suit - ANSWERS-A lawsuit brought by an unmarried mother
to establish that a certain male is the biological father of her child.
DNA testing or a comparable procedure is often used to determine
paternity.
peremptory challenge - ANSWERS-A voir dire challenge to exclude a
potential juror from serving on the jury without any supporting reason
or cause. Peremptory challenges based on racial or gender criteria are
illegal.
,performance - ANSWERS-In contract law, the fulfillment of one's
duties arising under a contract with another; the normal way of
discharging one's contractual obligations.
personal liability - ANSWERS-An individual's personal responsibility
for debts or obligations. The owners of sole proprietorships and
partnerships are personally liable for the debts and obligations
incurred by their business firms. If their firms go bankrupt or cannot
meet debts as they become due, the owners will be personally
responsible for paying the debts.
personal property - ANSWERS-Any property that is not real property.
Generally any property that is movable or intangible is classified as
personal property.
personal representative - ANSWERS-A person who manages the
financial affairs of another person who is unable to do so.
persuasive authority - ANSWERS-Any legal authority, or source of
law, that a court may look to for guidance but on which it need not
rely in making its decision. Persuasive authorities include cases from
other jurisdictions or secondary sources of law, such as scholarly
treatises.
petition for divorce - ANSWERS-The document filed with the court
to initiate divorce proceedings. The requirements governing the form
and content of a divorce petition very from state to state.
,petty offense - ANSWERS-In criminal law, the least serious kind of
wrong, such as a traffic or building-code violation.
plain-meaning rule - ANSWERS-A rule of statutory interpretation. If
the meaning of a statute is clear on its face, then that is the
interpretation the court will give to it; inquiry into the legislative
history of the statute will not be undertaken.
plaintiff - ANSWERS-A party who initiates a lawsuit.
plea bargaining - ANSWERS-The process by which the accused and
the prosecutor in a criminal case work out a mutually satisfactory
disposition of the case, subject to court approval. Usually, plea
bargaining involves the defendant's pleading guilty to a lesser offense
in return for a lighter sentence.
pleadings - ANSWERS-Statements by the plaintiff and the defendant
that detail the facts, charges, and defenses involved in the litigation.
pocket part - ANSWERS-A separate pamphlet containing recent cases
or changes in the
law that is used to update hornbooks, legal encyclopedias, and other
legal authorities. It is called a "pocket part" because it slips into a
sleeve, or pocket, in the front or back binder of the volume.
, point heading - ANSWERS-A brief recapitulation of the point being
made in a section of an appellate brief. Point headings separate the
text into logical section and make the argument easier to follow.
positivist school - ANSWERS-A school of legal thought centered on
the assumption that there is no law higher than the laws created by the
government. Laws must be obeyed, even if they are unjust, to prevent
anarchy.
potential responsible party (PRP) - ANSWERS-A party who may be
liable under the Comprehensive Environmental Response,
Compensation, and Liability Act, or Superfund. Any person who
generated hazardous waste, transported hazardous waste, owned or
operated a waste site at the time of disposal, or currently owns or
operates a site may be responsible for some or all of the clean-up
costs involved in removing the hazardous chemicals.
power of attorney - ANSWERS-The authority to act for another
person in legal or financial matters or a legal document giving such
authority to someone.
prayer for judgment - ANSWERS-A plea that can be entered in a
courtroom and is neither an admission of guilt not a plea of
innocence.
prayer for relief - ANSWERS-A statement at the end of the complaint
requesting that the court grant relief to the plaintiff.
CERTIFICATION EXAM
party - ANSWERS-With respect to lawsuits, the plaintiff or the
defendant. Some cases involve multiple parties (more than one
plaintiff or defendant).
passive listening - ANSWERS-The act of listening attentively to the
speaker's message and responding to the speaker by providing verbal
or nonverbal cues that encourage the speaker to continue; in effect,
saying "I'm listening, please go on."
patent - ANSWERS-A government grant that gives an inventor the
exclusive right or privilege to make, use, or sell that invention for a
limited time period. (HOW LONG?)
paternity suit - ANSWERS-A lawsuit brought by an unmarried mother
to establish that a certain male is the biological father of her child.
DNA testing or a comparable procedure is often used to determine
paternity.
peremptory challenge - ANSWERS-A voir dire challenge to exclude a
potential juror from serving on the jury without any supporting reason
or cause. Peremptory challenges based on racial or gender criteria are
illegal.
,performance - ANSWERS-In contract law, the fulfillment of one's
duties arising under a contract with another; the normal way of
discharging one's contractual obligations.
personal liability - ANSWERS-An individual's personal responsibility
for debts or obligations. The owners of sole proprietorships and
partnerships are personally liable for the debts and obligations
incurred by their business firms. If their firms go bankrupt or cannot
meet debts as they become due, the owners will be personally
responsible for paying the debts.
personal property - ANSWERS-Any property that is not real property.
Generally any property that is movable or intangible is classified as
personal property.
personal representative - ANSWERS-A person who manages the
financial affairs of another person who is unable to do so.
persuasive authority - ANSWERS-Any legal authority, or source of
law, that a court may look to for guidance but on which it need not
rely in making its decision. Persuasive authorities include cases from
other jurisdictions or secondary sources of law, such as scholarly
treatises.
petition for divorce - ANSWERS-The document filed with the court
to initiate divorce proceedings. The requirements governing the form
and content of a divorce petition very from state to state.
,petty offense - ANSWERS-In criminal law, the least serious kind of
wrong, such as a traffic or building-code violation.
plain-meaning rule - ANSWERS-A rule of statutory interpretation. If
the meaning of a statute is clear on its face, then that is the
interpretation the court will give to it; inquiry into the legislative
history of the statute will not be undertaken.
plaintiff - ANSWERS-A party who initiates a lawsuit.
plea bargaining - ANSWERS-The process by which the accused and
the prosecutor in a criminal case work out a mutually satisfactory
disposition of the case, subject to court approval. Usually, plea
bargaining involves the defendant's pleading guilty to a lesser offense
in return for a lighter sentence.
pleadings - ANSWERS-Statements by the plaintiff and the defendant
that detail the facts, charges, and defenses involved in the litigation.
pocket part - ANSWERS-A separate pamphlet containing recent cases
or changes in the
law that is used to update hornbooks, legal encyclopedias, and other
legal authorities. It is called a "pocket part" because it slips into a
sleeve, or pocket, in the front or back binder of the volume.
, point heading - ANSWERS-A brief recapitulation of the point being
made in a section of an appellate brief. Point headings separate the
text into logical section and make the argument easier to follow.
positivist school - ANSWERS-A school of legal thought centered on
the assumption that there is no law higher than the laws created by the
government. Laws must be obeyed, even if they are unjust, to prevent
anarchy.
potential responsible party (PRP) - ANSWERS-A party who may be
liable under the Comprehensive Environmental Response,
Compensation, and Liability Act, or Superfund. Any person who
generated hazardous waste, transported hazardous waste, owned or
operated a waste site at the time of disposal, or currently owns or
operates a site may be responsible for some or all of the clean-up
costs involved in removing the hazardous chemicals.
power of attorney - ANSWERS-The authority to act for another
person in legal or financial matters or a legal document giving such
authority to someone.
prayer for judgment - ANSWERS-A plea that can be entered in a
courtroom and is neither an admission of guilt not a plea of
innocence.
prayer for relief - ANSWERS-A statement at the end of the complaint
requesting that the court grant relief to the plaintiff.
