NC Paralegal Certification Exam Questions and Answers

NC Paralegal Certification Exam Questions and Answers acceptance - Answer️️ -in contract law, the offeree's indication to the offeror that the offeree agrees to be bound by the terms of the offeror's offer or proposal for a contract acquittal - Answer️️ -a certification of declaration following a trial that the individual accused of a crime is innocent, or free from guilt, in the eyes of the law and is thus absolved of the charges. actionable - Answer️️ -capable of serving as the basis of a lawsuit. an actionable claim can be pursued in a lawsuit or other court action active listening - Answer️️ -The act of listening attentively 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 - Answer️️ -Real and demonstrable evil intent. In a defamation suit, a statement made about a public figure normally must be made with actual malice (with either knowledge of falsity or a reckless disregard for the truth) for liability to be incurred. actus reus - Answer️️ -A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability. The other element is the intent to commit a crime. ad valorem - Answer️️ -Derived from the Latin ad valentiam, meaning "to the value", It is commonly applied to a tax imposed on the value of property. address block - Answer️️ -That part of a letter that indicates to whom the letter is addressed. The address block is placed in the upper left-hand portion of the letter, above the salutation (or reference line, if one is included). ademption clause - Answer️️ -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 during the testator's life. adjudication - Answer️️ -The act of resolving a controversy and rendering an order or decision based on review of the evidence presented. administrative agency - Answer️️ -A federal or state government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules relating to the purpose for which they were established. administrative process - Answer️️ -The procedure used by administrative agencies in the administration of law. administrative law - Answer️️ -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 judge (ALJ) - Answer️️ -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. administrator - Answer️️ -A person appointed by a court to serve as a personal representative for a person who died intestate (without a valid will) or if the executor named in the will cannot serve. adoption - Answer️️ -A procedure in which persons become the legal parents of a child who is not their biological child. adversarial system of justice - Answer️️ -A legal system in which the parties in 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 - Answer️️ -A process by which premises can change ownership. It is a common law concept concerning the title to real property. affidavit - Answer️️ -A written statement of facts confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation. affirm - Answer️️ -To uphold the judgment of a lower court. affirmative defense - Answer️️ -A response to the plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action. agency - Answer️️ -A relationship between two persons in which one person (the agent) represents or acts in the place of another (the principal). agreement - Answer️️ -A meeting of the minds and a requirement for a valid contract. Agreement involves two distinct events: an offer to form a contract and the acceptance of that offer by the offeree. alimony - Answer️️ -Money paid to support a former spouse after a marriage has been terminated. The alimony may be permanent or temporary (rehabilitative). allegation - Answer️️ -A party's statement, claim, or assertion made in a pleading to the court. The allegation sets forth the issue that the party expects to prove. ALTA (American Land Title Association) - Answer️️ -A national trade association representing the interests of the abstract of title and title insurance industries. alternative dispute resolution (ADR) - Answer️️ -The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR. Some courts require them before a case can go to trial. American Bar Association (ABA) - Answer️️ -A voluntary national association of attorneys, the ABA plays an active role in developing educational and ethical standards for attorneys and in pursuing improvements in the administration of justice. American Digest System - Answer️️ -A system of identifying points of law from reported cases and organizing them by topic and key number. The system was developed by West Publishing Company to organize the entire body of American Law. American Jurisprudence - Answer️️ -An encyclopedia of United States law published by West. American Law Reports - Answer️️ -A resource used by American lawyers to find a variety of sources relating to specific legal rules, doctrines, or principles. amicus curiae brief - Answer️️ -A brief filed with the court by a third party (i.e. one not directly involved in the lawsuit) who is concerned about the outcome of the litigation. The purpose of the brief is to convince the court to rule in favor of one of the parties because not to do so would affect a broad interest of society. (Friend of the court) annotation - Answer️️ -A brief comment, an explanation of legal point, or a case summary found in a case digest or other legal source. annulment - Answer️️ -A court decree that invalidates (nullifies) a marriage. Although the marriage itself is deemed nonexistent, children of a marriage that is annulled are legitimate. answer - Answer️️ -A defendant's response to a plaintiff's complaint. antenuptial agreement - Answer️️ -A written contract created by two people planning to be married. The agreement typically lists all of the property each person owns, as well as their debts, and it specifies what each person's property rights will be after they tie the knot. Antenuptial agreements often specify how property will be divided - and whether spousal support (alimony and post-separation support) will be paid - in the event of a divorce. appeal - Answer️️ -The process of seeking a higher court's review of the lower court's decision for the purpose of correcting or changing the lower court's judgment or decision. appellant - Answer️️ -The party who takes an appeal from one court to