NCCP Examination Study Guide with complete solutions

Contracts - ANSWER Define- An agreement or bargain struck between parties in which each party assumes a legal duty to the other party. Requirements- agreement (offer & acceptance), consideration, contractual capacity, and legality. Wills - ANSWER Requirements- testamentary intent; legal capacity; free of fraud, duress, undue influence, or mistake; and execution (two witnesses + notary = self proving). Trust - ANSWER Requirements- intention, subject matter, object. Power of Attorney - ANSWER Define- The authority to act for another person in legal or financial matters or a legal document giving such authority to someone. Requirements- soundness of mind, witness, recording. Complaint - ANSWER Define- a pleading by a plaintiff alleging the wrongdoing by the defendant. Requirements- caption, parties, statement of facts, request for relief, request for jury trial. Affidavit - ANSWER Define- A written statement of facts confirmed by the oath or affirmation of the party making it. Requirements- Must be made before a person having authority to administer oaths. Answer - ANSWER Define- a defendant's response to a plaintiff's claim. Requirements- admit/deny allegations; raise defenses. Interrogatories - ANSWER Define- A series of formal written questions addressed to a party for discovery purposes to be answered under oath. Requirements- 50 individual interrogatories in total, answer w/in 30 days, sign verification. Discovery Requests - ANSWER Types- interrogatories, production of documents and things and entry upon land, request for admissions, depositions and request for physical and mental examination. Requirements- depositions, subpoenas, validity of documents/opinions. Motions - ANSWER Define- oral or written request made to a court to obtain a ruling or order. Types- Motion to Compel, Motion for Summary Judgment, Motion for Directed Verdict, Motion for Judgment Notwithstanding the Verdict, Motion for a New Trial, Motions in Limine. Requirements- Notice, Affidavit, Memorandum (if applicable), Service. Separation Agreement - ANSWER Define- A contract between two married parties who are living separate and apart and plan to divorce that deals with property, spousal support, and child custody Requirements- living apart for @least 1 year and 1 day. Addresses property, spousal support, and child custody (nonbonding). Custody Agreement - ANSWER Addresses legal and physical custody of a minor child using the best interests of the child legal standard. Legal Custody allows the parent(s) to authorize decisions regarding the child such as school, medical, and the overall welfare of the child; it can be sole or joint. Physical Custody is where the child spends their time; it can be shared/joint (less than 123 overnights for visiting parent) or primary/secondary (each parent has 123 overnights). Articles of Incorporation - ANSWER Define- The document filed with the appropriate state official, usually the Secretary of State, when a business is incorporated. Requirements- Corporate Name, Business Purpose, Registered Agent, Incorporator, # of authorized shares of stock, share per value, preferred shares, directors, officers, legal address of the co. By-Laws - ANSWER Define- A set of governing rules adopted by a corporation or other association. Requirements- Name & Purpose of the Organization, Membership, Officers, Decision Making, Meetings, Board of Directors. Deeds - ANSWER Requirements- Written, Legal Capacity, Identifies Grantor/Grantee. Includes clear legal description of the property, words of conveyance, signed by grantor and delivered to grantee. Partnership Agreements- Sole Proprietorship, - ANSWER Define- The owner is the business and has all the liability. Requirements- If conducting business under a name, other than your own, file a Certificate of Assumed Name @ the Register of Deeds office. Partnership Agreements- General Partnership - ANSWER Define- Two+ partners who are jointly and severally liable who own a business and share the management, profits, and losses of the partnership. Requirements- Certificate of Assumed Name and Partnership Agreement; if there is no Partnership Agreement, ownership is equal. Partnership Agreements- Limited Partnerships - ANSWER Define- Consists of one+ general partners and one+ limited partners. General partners are jointly and severally liable and manage the day to day operations of the partnership. Limited partners are not involved in the management or operations of the partnership, therefore, their liability is limited to the amount in the capital account. Requirements- Certificate of Limited Partnership and Partnership Agreements. Partnership Agreements- Non-profit Corporations - ANSWER Define- trade associations, property owners associations, and charitable endeavors that has by-laws, directors, and officers. There are no shareholders and they may or may not have members. Requirements- File Articles of Incorporation w/ NC Secretary of State. Partnership Agreements- For-profit Corporations - ANSWER Define- an entity separate and apart from its owners or "shareholders", can be any size, can conduct basically and type of business. Liability is limited to shareholders contributions. Requirements- File Articles of Incorporation w/ NC Secretary of State. Partnership Agreements- Limited Liability Companies (LLC) - ANSWER Define- A hybrid entity which is cross between a corporation and a partnership. It provides the limited liability of a corporation with a pass-through entity for tax purposes, therefore, liability is limited to members capital contributions. Requirements- File Articles of Organization w/ NC Secretary of State. Calendar - ANSWER A list of cats that are awaiting trial or other settlement. A trial list or docket. Certificate of Service - ANSWER Authorized declaration that service of processes has been completed duly and in accordance with law; evidence that process server has successfully served a defendant or witness. Or the section of a pleading or motion that certifies that the party filing the document has sent a copy of the document to the opposing party or his attorney. Checklist/Inventory - ANSWER A list made by the executor or administrator of the estate of a deceased individual. Client Correspondence- Status Letter - ANSWER Correspondence sent to a client which provides an update on case status. Client Correspondence- Opinion Letter - ANSWER A letter from an attorney to a client containing a legal opinion on an issue raised by the client's question or legal claim. The opinion is based on a detailed analysis of the law. Client Correspondence- Demand Letter - ANSWER A letter in which one party explains its legal position in a dispute and requests that the recipient take some action (such as paying money owed). Default Judgment - ANSWER Define- A judgment entered by a clerk or court against a defendant who has failed to appear in court to answer or defend against a claim that has been brought against the defendant by another party. Requirements- Defendant fails to answer w/in 30 days of service, requires a total sum, if there is not a sum certain then it has to be calendared before a judge, verified Complaint or an Affidavit of Plaintiff's claims, mailed to Defendant at last address. Judgment - ANSWER Define- Final order of a court of law. Types- Compensatory Damages (money), Specific Performance (injunctive relief- to refrain), Punitive Damages (additional money to punish). Note- A judgment can be set aside if the debtor can show good cause. Leases - ANSWER Define- A contract by which one owner of a real property (the landlord) grants to a person (the tenant) an exclusive right to use and possess the property. Types- Estate for Years, Periodic Estate, Estate at Will, and Estate at Sufferance. Requirements- Usually for a specific period of time. The use and possession of the property is in return for some form of payment. Lease agreements for 1yr+ must be in writing. Order - ANSWER Mandate command, or direction authoritatively given; mandate of a court. Release - ANSWER Terminates liability Request for Admissions - ANSWER Define- Requests to the other side to admit certain aspects of the case. Requirements- The other side has 30 days to admit or deny the request, if they fail to answer, then the requests are deemed admitted. Must serve written responses to such a request. Request for Production of Documents - ANSWER Define- A written request for any other party to produce documents or things. Requirements- The request must specifically state either by individual item or by category the items that the requester is seeking and must state a reasonable time, place, and manner of making the insertion/production. The responding party has 30 days to serve written responses to the requests. Retainer - ANSWER An advance payment made by a client to a law firm to cover part of the legal fees and/or costs that will need to be incurred on that client's behalf. Settlement Package/Demand - ANSWER Part of the personal injury claim process that lays out the facts of the accident, the liability, the injuries you sustained, the medical records, future treatment and makes a monetary demand Subpoena - ANSWER A writ commanding the name person to appear at a specific time and place to give testimony. Summons - ANSWER Define-Document served upon a defendant to notify that suit has been filed and directing defendant to answer. Requirements- Proper Service under Rule 4 (Sheriff, Certified Mail, or Publication). Tickler - ANSWER A reminder that allows time-sensitive documents to be filed according ti the future date on which each document needs action. Trial Notebook - ANSWER A binder that contains copies of all the documents and information that an attorney will need to have at hand during the trial. Verification - ANSWER The declaration under oath or upon penalty of perjury that a statement or pleading is true, located at the end of a document Waiver - ANSWER The voluntary surrender of a known right; conduct supporting an interference that a particular right has been relinquished. Where are documents filed? - ANSWER The Clerk of Court How are documents filed? - ANSWER Documents are filed by an attorney with the Clerk of Court. Where are documents recorded? - ANSWER The Register of Deeds What government agencies require documents and document filings? - ANSWER NC Secretary of State What are filing fees? - ANSWER The court costs to file a document. What are recording fees? - ANSWER The fee charged for registering or recording an real estate purchase or sale. Are there documents that a paralegal cannot draft? - ANSWER A paralegal may perform any task which is properly delegated and supervised by an attorney, as long as the attorney is ultimately responsible to the client, maintains a direct relationship with the client, and assumes professional responsibility for the work product. Are there documents that a paralegal cannot sign? - ANSWER A paralegal may sign correspondence on a lawyer's or a law firm's letterhead, if it is indicated by a title. If warranted by exigent circumstances, a lawyer may allow a paralegal to sign his or her name to court documents as long as-- it does not violate any law, court order, local rule, or rule of civil procedure, the lawyer has provided the appropriate level of supervision, and the signature clearly discloses that another has signed on the lawyer's behalf. What needs to be in client correspondence? - ANSWER Status of the case, proceeding legal actions, attorney's opinion. How many copies of a document are needed? - ANSWER 3 + original Who receives a copy of a documents once it is prepared? Filed? Recorded? - ANSWER Prepared- Client Filed- Firm, Client, Opposing Party Recorded- Register of Deeds, Firm, Client What documents require special execution? - ANSWER Wills What invalidates an execution? - ANSWER Fraud, Duress, Undue Influence or Mistake, Capacity. How can a form document help in drafting assignments? - ANSWER Provides an outline of information to be included in the assignment. Where are form documents located? - ANSWER Administrative Office of the Courts/NC Court System. How are form documents updated and maintained? - ANSWER Form documents are updated and maintained by the state. What is a checklist? - ANSWER A reminder of a list of items required, things to be done, or points to be considered. What documents require a seal? - ANSWER Documents that require affirmation such as wills, complaints, answers, etc. What is a certified copy? - ANSWER A photocopy of a document, judgment, or record that is signed and attested to by a public official in whose custody the origina