Paralegal Exam Questions with Correct Solutions Latest Update

Paralegal Exam Questions with Correct Solutions Latest Update Contempt - Answers A ruling that a person is in violation of a court order. Recuse - Answers To disqualify, such as when a judge moves herself from considering a case or is removed by another judge. Disbarment - Answers `A temporary or permanent revocation of an attorney's license to practice law. `ruling that revokes an attorney license to practice law in the state `When an attorneys right to practice law is rescinded Commingling - Answers `Improperly mixing client trust funds with fee payments; a form of theft `Combining funds from different sources into one; the practice is unethical when the attorney does not have the right to use the funds entrusted to her keeping Partners - Answers Attorney- owner of a law firm Associates - Answers Attorney- employees of a firm Retainer - Answers `A fee paid to an attorney to secure the attorneys service. `An upfront fee paid by a client an deposited by an attorney into account from which the attorney draws his/her legal fees Probation - Answers The portion of a criminal sentence that is served outside of prison; usually involves supervision and strict behavioral rules. Paralegal - Answers Also known as legal assistant; a legal professional who assists attorneys in nearly every aspect of the practice of law; but is not authorized to give legal advice to clients. Licensure - Answers Requirement of governmental approval before a person can practice a specific profession Certification - Answers Recognition of the attainment of a degree of academic and practical knowledge by a professional Legal Document Assistant - Answers Specialized type of paralegal, legally able to provide assistance to clients in preparing forms. Evidence - Answers All types of information presented at a trial or other hearing that tends to prove or disprove a fact Relevant Evidence - Answers Any evidence that tends to prove or disprove a fact in the contention in the case Admissible - Answers Evidence that is relevant and can be considered by the fact, finder, usually a jury. Admissions of evidence - Answers Decision by a judge that specific evidence can be referred to during a trial or other hearing Testimony - Answers Evidence given by a witness under oath. This evidence is "testimonial" and is different from demonstrative evidence Expert Witness - Answers A person who has acquired specialized knowledge because of training, education or experience Impeachment - Answers Showing that a witness should not be believed because of lack of personal knowledge, bias, or conviction of a felony Hearsay - Answers A statement, repeated by a witness who did not make it, while the witness is testifying Direct Evidence - Answers Proof of a fact without resort to other facts Circumstantial Evidence - Answers Facts that suggest a conclusion about an event Documentary Evidence - Answers Evidence that is contained on a document Document - Answers Contract, map, or paper that contains a message Demonstrative evidence - Answers Charts, diagram, or other displays designed to persuade the jury to a particular viewpoint Character Evidence - Answers Any evidence admitted that tends to show a persons traits Privilege - Answers Right that permits a specific person to refuse to give evidence or testimony Proof beyond a reasonable doubt - Answers Proof required in a criminal case; not mere conjecture, but without a doubt that would cause a reasonable person to have some hesitation in reaching a specific conclusion Cause of Action - Answers Claim that the law recognizes as actionable Damages - Answers Monetary payments designed to compensate the plaintiff for an injury Complaint - Answers Pleading filed by the plaintiff and later served on the defendant; it sets out the details of the wrong suffered by the plaintiff and the reasons why the defendant is liable for those wrongs Plantiff - Answers Party who files suit through a complaint, seeking damages from a person who caused personal, financial, or emotional injuries Defendant - Answers Party who is sued in a civil case Answer - Answers Defendants response to the complaint, containing the defendant denials and any counterclaims that the defendant may have against the plaintiff Discovery - Answers Exchange of the information between the side involved in a lawsuit Deposition - Answers Oral questions of a witness taken under oath, by an attorney this testimony is preserved in a transcript Interrogatories - Answers Written questions posed by one side of a civil action to the other side Liable - Answers Determination that one party has some obligation to another party, usually in the form of monetary payments Mediation - Answers Process of submitting a claim to a neutral third party who then makes a determination about the ultimate liability and award in a civil case Arbitration - Answers Process of bringing both sides in a civil suit together to negotiate a resolution Settlement - Answers Negotiated termination of a case prior to a trial or justice verdict Sole Proprietorship - Answers Business owned and run by a single individual Partnership - Answers Business owned and operated by more than one individual; each owner shares in profits and loses Limited Liability - Answers Concept that protects investors in a business by limiting their risk to the amount that they contribute to the business Professional Corporation - Answers Corporation that is authorized by statute and can be only run by members of a particular profession such as attorneys or medical doctors Partner - Answers Members of the law firm who shares in profits and losses from the running of the firm Managing partner - Answers Attorney who is responsible for the day to day running of the office and personal issues Associate Attorney - Answers Attorneys who are not owners of the law firm and are generally paid an established salary Law Office Manager - Answers A non lawyer who is responsible for the day to day functioning of the office from coordination meetings to ordering supplies and paying vendors Law Clerk - Answers College or law students who works for a firm often carrying out legal research and basic drafting assignments Legal Secretary - Answers Secretary employed at a law firm or gov. agency