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NORTH CAROLINA PARALEGAL CERTIFICATION EXAM QUESTIONS COMPLETE WITH 100% CORRECT ANSWERS

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NORTH CAROLINA PARALEGAL CERTIFICATION EXAM QUESTIONS COMPLETE WITH 100% CORRECT ANSWERS 1. Under the North Carolina Revised Rules of Professional Conduct, which of the following is a non-delegable duty of a supervising attorney? A) Drafting a complaint B) Conducting legal research on a novel issue C) Deciding whether to settle a case D) Organizing exhibit binders for trial Correct answer: C Explanation: Settlement decisions involve the exercise of independent professional judgment and are the sole responsibility of the attorney. Paralegals may assist with drafting, research, or organization, but cannot make legal judgments or decisions that bind the client. ________________________________________ 2. A paralegal in North Carolina may: A) Represent a client in small claims court without attorney supervision B) Provide legal advice to a pro se litigant C) Prepare a power of attorney under the direct supervision of an attorney D) Set legal fees for a client Correct answer: C Explanation: NC paralegals work under attorney supervision. Preparing legal documents like a POA is permissible if the attorney reviews and approves. Advice, representation, and fee-setting are unauthorized practice of law. ________________________________________ 3. Which of the following is required for a valid contract under North Carolina law? A) Written form, notarization, and two witnesses B) Offer, acceptance, consideration, and mutual assent C) A license from the NC Secretary of State D) A $500 minimum value Correct answer: B Explanation: Basic contract elements are offer, acceptance, consideration, and mutual assent. Writing is not required for all contracts (e.g., oral contracts for goods under $500 under UCC). Notarization is not a general necessity. ________________________________________ 4. Under NCGS § 1-52, the statute of limitations for a claim of negligence is: A) 1 year B) 2 years C) 3 years D) 10 years Correct answer: C Explanation: NCGS § 1-52(16) provides a 3-year statute of limitations for negligence and most personal injury claims. One year is for defamation, two years is for wrongful death (from death date), ten years for certain real property claims. ________________________________________ 5. In North Carolina, which of the following is an element of undue influence in a will contest? A) Lack of testamentary capacity B) A confidential relationship and active procurement C) Improper execution before only one witness D) A later will revoking all prior wills Correct answer: B Explanation: Undue influence requires showing (1) a confidential relationship, (2) the beneficiary actively procured the will, and (3) the testator was susceptible. Option A is separate ground. Option C is improper execution. Option D is neutral. ________________________________________ 6. A North Carolina civil complaint must be served upon the defendant within how many days after filing? A) 10 days B) 20 days C) 30 days D) 60 days Correct answer: D Explanation: NC R. Civ. P. 4(d) requires service within 60 days of filing. Failure can result in dismissal without prejudice unless good cause shown. Some judges allow extension, but the rule is 60 days. ________________________________________ 7. Which discovery tool in NC practice allows a party to inspect documents in the opposing party’s possession without a deposition? A) Interrogatories B) Request for admission C) Request for production of documents D) Subpoena duces tecum for a nonparty only Correct answer: C Explanation: NC R. Civ. P. 34 permits requests for production from another party. Subpoena duces tecum is for nonparties. Interrogatories are written questions; admissions ask to admit facts. ________________________________________ 8. Under North Carolina’s structured sentencing law, which class of felony is the most serious? A) Class A1 B) Class A C) Class B1 D) Class I Correct answer: B Explanation: Class A felonies (first-degree murder) have the most severe punishment (death or life imprisonment without parole). Class B1, B2, C, etc. follow in descending severity. A1 is for misdemeanors. ________________________________________ 9. A paralegal discovers that their supervising attorney has misappropriated client trust funds. The paralegal should: A) Immediately notify the client directly B) Report the attorney to the NC State Bar C) First confront the attorney, then if no correction, report to the Bar D) Do nothing unless the paralegal is a notary Correct answer: C Explanation: NC Revised RPC 8.3 requires a lawyer (but does not explicitly bind paralegals directly). However, the paralegal’s ethical duty is to follow internal reporting first; if the attorney fails to correct, the paralegal should report to the Bar. Directly notifying client without attorney consent may breach confidentiality. ________________________________________ 10. In North Carolina, a valid will must be signed by the testator in the presence of: A) One witness B) Two witnesses C) A notary only D) Three witnesses and a judge Correct answer: B Explanation: NCGS § 31-3.3 requires two competent witnesses who see the testator sign or acknowledge the signature. A notary is not required for a valid will but is used for a self-proved will. ________________________________________

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NORTH CAROLINA PARALEGAL CERTIFICATION EXAM
QUESTIONS COMPLETE WITH 100% CORRECT ANSWERS




1. Under the North Carolina Revised Rules of Professional Conduct, which of the
following is a non-delegable duty of a supervising attorney?
A) Drafting a complaint
B) Conducting legal research on a novel issue
C) Deciding whether to settle a case
D) Organizing exhibit binders for trial
Correct answer: C
Explanation: Settlement decisions involve the exercise of independent
professional judgment and are the sole responsibility of the attorney. Paralegals
may assist with drafting, research, or organization, but cannot make legal
judgments or decisions that bind the client.


2. A paralegal in North Carolina may:
A) Represent a client in small claims court without attorney supervision
B) Provide legal advice to a pro se litigant
C) Prepare a power of attorney under the direct supervision of an attorney
D) Set legal fees for a client
Correct answer: C
Explanation: NC paralegals work under attorney supervision. Preparing legal
documents like a POA is permissible if the attorney reviews and approves. Advice,
representation, and fee-setting are unauthorized practice of law.


3. Which of the following is required for a valid contract under North Carolina
law?

,A) Written form, notarization, and two witnesses
B) Offer, acceptance, consideration, and mutual assent
C) A license from the NC Secretary of State
D) A $500 minimum value
Correct answer: B
Explanation: Basic contract elements are offer, acceptance, consideration, and
mutual assent. Writing is not required for all contracts (e.g., oral contracts for
goods under $500 under UCC). Notarization is not a general necessity.


4. Under NCGS § 1-52, the statute of limitations for a claim of negligence is:
A) 1 year
B) 2 years
C) 3 years
D) 10 years
Correct answer: C
Explanation: NCGS § 1-52(16) provides a 3-year statute of limitations for
negligence and most personal injury claims. One year is for defamation, two years
is for wrongful death (from death date), ten years for certain real property claims.


5. In North Carolina, which of the following is an element of undue influence in a
will contest?
A) Lack of testamentary capacity
B) A confidential relationship and active procurement
C) Improper execution before only one witness
D) A later will revoking all prior wills
Correct answer: B
Explanation: Undue influence requires showing (1) a confidential relationship, (2)
the beneficiary actively procured the will, and (3) the testator was susceptible.
Option A is separate ground. Option C is improper execution. Option D is neutral.

,6. A North Carolina civil complaint must be served upon the defendant within
how many days after filing?
A) 10 days
B) 20 days
C) 30 days
D) 60 days
Correct answer: D
Explanation: NC R. Civ. P. 4(d) requires service within 60 days of filing. Failure can
result in dismissal without prejudice unless good cause shown. Some judges allow
extension, but the rule is 60 days.


7. Which discovery tool in NC practice allows a party to inspect documents in
the opposing party’s possession without a deposition?
A) Interrogatories
B) Request for admission
C) Request for production of documents
D) Subpoena duces tecum for a nonparty only
Correct answer: C
Explanation: NC R. Civ. P. 34 permits requests for production from another party.
Subpoena duces tecum is for nonparties. Interrogatories are written questions;
admissions ask to admit facts.


8. Under North Carolina’s structured sentencing law, which class of felony is the
most serious?
A) Class A1
B) Class A
C) Class B1
D) Class I

, Correct answer: B
Explanation: Class A felonies (first-degree murder) have the most severe
punishment (death or life imprisonment without parole). Class B1, B2, C, etc.
follow in descending severity. A1 is for misdemeanors.


9. A paralegal discovers that their supervising attorney has misappropriated
client trust funds. The paralegal should:
A) Immediately notify the client directly
B) Report the attorney to the NC State Bar
C) First confront the attorney, then if no correction, report to the Bar
D) Do nothing unless the paralegal is a notary
Correct answer: C
Explanation: NC Revised RPC 8.3 requires a lawyer (but does not explicitly bind
paralegals directly). However, the paralegal’s ethical duty is to follow internal
reporting first; if the attorney fails to correct, the paralegal should report to the
Bar. Directly notifying client without attorney consent may breach confidentiality.


10. In North Carolina, a valid will must be signed by the testator in the presence
of:
A) One witness
B) Two witnesses
C) A notary only
D) Three witnesses and a judge
Correct answer: B
Explanation: NCGS § 31-3.3 requires two competent witnesses who see the
testator sign or acknowledge the signature. A notary is not required for a valid will
but is used for a self-proved will.

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