1. 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
2. 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.
3. 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.
4. 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.
5. Which of the following is not part of a summons and service of process-
ANSWER- -
The answer
6. 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.
7. 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
8. A paralegal answers an incoming call from a new client who needs legal
advice immediately. The paralegal should respond as follows:: "I'm a paralegal
and I'll have the attorney get back to you."
9. 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.
10. 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
11. 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
,12. 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
13. 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
, 14. 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
15. 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
16. 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
17. A judge has entered judgment and awarded damages to a client who in-
curred 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
18. 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
19. 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.
20. A defendant in a civil action wants to file a claim against the plaintiff. What
is proper name for this pleading-ANSWER- counterclaim
21. The "discovery rule" tolls the running of which of the following-ANSWER-
The statue of limitations
22. 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
23. Generally which does not constitute the unauthorized practice of law for a
paralegal?
-appearing in court
-giving legal advice
-interviewing clients
-setting legal fees: Interviewing clients
24. 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: Witnessing the execution of a will
25. It is the responsibility of the to discuss the fee agree-
ment with the client.
-paralegal
-lawyer