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A 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? - Answer✅✅Nolo
contendere
What is the difference between an interrogatory and a deposition? - Answer✅✅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? - Answer✅✅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?
- Answer✅✅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? -
Answer✅✅The answer
, 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? -
Answer✅✅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? - Answer✅✅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: - Answer✅✅"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? -
Answer✅✅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? - Answer✅✅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? - Answer✅✅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? -
Answer✅✅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? - Answer✅✅TM
Which of the following remedies for breach of contract must be included in the
contract in order to be recoverable? - Answer✅✅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? - Answer✅✅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? -
Answer✅✅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? - Answer✅✅Nominal
damages
, A paralegal is most likely to inadvertently violate attorney-client privilege in which of
the followign circumstances? - Answer✅✅Talking to the client on the phone while
you are in an elevator with others
An attorney asks you to check the validity of a case he cites in his brief. You
Shepardize it. Which of the following case histories indicate that the case is no
longer good law? - Answer✅✅The case was vacated on appeal.
A defendant in a civil action wants to file a claim against the plaintiff. What is proper
name for this pleading? - Answer✅✅counterclaim
The "discovery rule" tolls the running of which of the following? - Answer✅✅The
statue of limitations
Your attorney says there is a case-on-point supporting his argument. On what
principle does the court have to follow this case law? - Answer✅✅Stare Decisis
Generally which does not constitute the unauthorized practice of law for a paralegal?
-appearing in court
-giving legal advice
-interviewing clients
-setting legal fees - Answer✅✅Interviewing clients
Which act by a paralegal would be permitted?
-Giving a legal opinion
-Establishing standard fees
-Witnessing the execution of a will
-Waiving a conflict of interest - Answer✅✅Witnessing the execution of a will
It is the responsibility of the _______________ to discuss the fee agreement with
the client.
-paralegal
-lawyer
-secretary
-office manager - Answer✅✅Lawyer
When investigating a case for trial a paralegal may not speak to:
-The adverse party who is represented.
-The employer of the adverse party.
-Opposing counsel
-The judge's clerk - Answer✅✅The adverse party who is represented.
Which sentence does not contain an error?
-Toni carries a small, black book with her everywhere she goes and writes down the
e-mail address of each new person whom she meets.
-My father William has retired from construction; and, although he likes to putter in
the workshop, his greatest love is cultivating orchids.