NCCP – North Carolina State Bar Certified
Paralegal Elite Certification Review | 400+
Practice Questions & Verified Answers |
Complete North Carolina Certified Paralegal
Exam Prep Study Guide, NC Legal Procedures,
Legal Research & Writing, Civil Litigation, Family
Law, Real Property, Estate Planning & Probate,
Contracts, Ethics, Professional Responsibility,
Detailed Rationales
Question 1: In the context of North Carolina's Rules of Professional Conduct,
what is the primary ethical obligation of a supervising attorney regarding a
paralegal's work?
A. To delegate all administrative tasks to maximize billable hours.
B. To ensure the paralegal holds a current North Carolina State Bar Paralegal
Certification.
C. To make reasonable efforts to ensure that the paralegal's conduct is compatible with
the professional obligations of the lawyer.
D. To review and sign every document prepared by the paralegal before it is filed.
CORRECT ANSWER: C. To make reasonable efforts to ensure that the
paralegal's conduct is compatible with the professional obligations of the
lawyer.
Rationale: Under the North Carolina Rules of Professional Conduct, specifically Rule
5.3, a supervising lawyer is responsible for the conduct of non-lawyer assistants. The
rule requires the lawyer to make reasonable efforts to ensure that the paralegal's
conduct is compatible with the lawyer's professional obligations. While review and
signing are important, the overarching duty is to ensure compatibility with professional
obligations.
Question 2: Which of the following is an "unfair trade practice" under North
Carolina General Statutes Chapter 75?
A. A breach of contract between two sophisticated commercial entities.
B. An act or practice in the conduct of trade or commerce that is deceptive, misleading,
or causes substantial injury to a consumer.
C. A single, isolated instance of negligence by a professional.
D. The sale of goods at a price higher than the manufacturer's suggested retail price.
CORRECT ANSWER: B. An act or practice in the conduct of trade or commerce
that is deceptive, misleading, or causes substantial injury to a consumer.
Rationale: N.C. Gen. Stat. § 75-1.1 prohibits unfair or deceptive acts or practices in or
affecting commerce. A practice is unfair if it offends established public policy or is
unethical, oppressive, or causes substantial injury. A single breach of contract or isolated
,negligence generally does not rise to the level of a Chapter 75 violation unless it involves
substantial aggravating circumstances.
Question 3: A paralegal is preparing a complaint for a personal injury case.
Which element is NOT required to state a claim for negligence under North
Carolina law?
A. A legal duty owed by the defendant to the plaintiff.
B. A breach of that duty by the defendant.
C. A contract between the plaintiff and the defendant.
D. Causation linking the breach to the plaintiff's injury.
CORRECT ANSWER: C. A contract between the plaintiff and the defendant.
Rationale: The elements of negligence in North Carolina are duty, breach of duty,
causation, and damages. A contract is not an element of a negligence claim; negligence
is a tort, not a breach of contract. The existence of a contract can create a duty, but it is
not a required element.
Question 4: In North Carolina, which court has exclusive, original jurisdiction
over all felony criminal cases?
A. North Carolina District Court.
B. North Carolina Superior Court.
C. North Carolina Court of Appeals.
D. North Carolina Supreme Court.
CORRECT ANSWER: B. North Carolina Superior Court.
Rationale: The North Carolina Superior Court has exclusive, original jurisdiction over
all felony criminal cases. District Courts handle misdemeanors and infractions. The
Court of Appeals and Supreme Court are appellate courts, not courts of original
jurisdiction for felonies.
Question 5: Under the North Carolina State Bar rules, what is the deadline for
a certified paralegal to complete their required continuing education credits?
A. Within 12 months of receiving certification.
B. By June 30 of each year.
C. By the date of their birth each year.
D. Before the anniversary date of their certification, every two years.
CORRECT ANSWER: B. By June 30 of each year.
Rationale: North Carolina certified paralegals must complete continuing legal education
(CLE) requirements by June 30 of each year to maintain their certification. The
requirement is annual, not biennial, and is tied to a specific calendar date rather than a
personal anniversary or initial certification date.
Question 6: What is the standard of proof required for a plaintiff to win a civil
case in North Carolina?
,A. Beyond a reasonable doubt.
B. Clear and convincing evidence.
C. Preponderance of the evidence.
D. Probable cause.
CORRECT ANSWER: C. Preponderance of the evidence.
Rationale: In most civil cases in North Carolina, the plaintiff must prove their case by a
preponderance of the evidence, meaning it is more likely than not that their claims are
true. "Beyond a reasonable doubt" is the standard for criminal cases. "Clear and
convincing evidence" is a higher standard used in some specific civil proceedings, such
as termination of parental rights.
Question 7: A paralegal in a family law firm is assisting with a child custody
case. Which factor is NOT one of the statutory factors a North Carolina court
must consider when determining the best interests of the child?
A. The child's age and sex.
B. The safety of the child and the safety of either parent from domestic violence.
C. The income of each parent.
D. The child's relationship with siblings and other members of the family.
CORRECT ANSWER: C. The income of each parent.
Rationale: While child support is based on the parents' incomes, custody
determinations are based on the "best interest of the child" standard under N.C. Gen.
Stat. § 50-13.2. The statute lists factors such as the child's age and sex, safety, and
relationships, but the income of each parent is not a statutory factor for custody; it is
relevant to child support calculations.
Question 8: In North Carolina, the doctrine of "contributory negligence" is a
complete bar to a plaintiff's recovery. Which of the following is an exception to
this doctrine?
A. Last clear chance.
B. Comparative fault.
C. Assumption of risk.
D. Vicarious liability.
CORRECT ANSWER: A. Last clear chance.
Rationale: North Carolina is one of the few states that still adheres to the strict doctrine
of contributory negligence, which bars recovery if the plaintiff's own negligence
contributed to their injury. The "last clear chance" doctrine is a recognized exception,
allowing a plaintiff to recover if the defendant had the last opportunity to avoid the
accident but failed to do so.
Question 9: What is the purpose of a "Notice of Deposition" in North Carolina
civil procedure?
, A. To officially file the deposition transcript with the court.
B. To inform an opposing party of the time, place, and scope of a deposition.
C. To request the production of documents from a non-party.
D. To serve as a motion to compel discovery responses.
CORRECT ANSWER: B. To inform an opposing party of the time, place, and
scope of a deposition.
Rationale: Under the North Carolina Rules of Civil Procedure, specifically Rule 30(b)(1),
a Notice of Deposition is a formal document served on all parties to a lawsuit. It
provides the time, location, and subject matter of the deposition, allowing parties to
attend and cross-examine the witness.
Question 10: Which of the following is a permissible duty that a paralegal can
perform under the supervision of a licensed North Carolina attorney?
A. Appear in court to argue a motion on behalf of a client.
B. Give a client legal advice regarding the strength of their case.
C. Conduct a factual investigation and summarize medical records.
D. Represent a client at an administrative hearing without the attorney present.
CORRECT ANSWER: C. Conduct a factual investigation and summarize
medical records.
Rationale: A paralegal is authorized to perform substantive legal work under the
supervision of an attorney, provided the attorney remains ultimately responsible for the
work. Investigating facts and summarizing records are classic paralegal duties. Giving
legal advice, appearing in court, and representing clients at hearings are considered the
unauthorized practice of law.
Question 11: Under the North Carolina Business Corporation Act, what is the
required minimum number of directors for a public corporation?
A. One.
B. Two.
C. Three.
D. As determined by the shareholders.
CORRECT ANSWER: C. Three.
Rationale: N.C. Gen. Stat. § 55-8-03 requires that a public corporation have a board of
directors consisting of at least three members. While a private corporation may have
one director, a public corporation must have a minimum of three.
Question 12: In real estate transactions, what is the primary purpose of title
insurance in North Carolina?
A. To guarantee the property will increase in value.
B. To protect the lender or owner from loss due to defects in the title that existed before
the policy was issued.
Paralegal Elite Certification Review | 400+
Practice Questions & Verified Answers |
Complete North Carolina Certified Paralegal
Exam Prep Study Guide, NC Legal Procedures,
Legal Research & Writing, Civil Litigation, Family
Law, Real Property, Estate Planning & Probate,
Contracts, Ethics, Professional Responsibility,
Detailed Rationales
Question 1: In the context of North Carolina's Rules of Professional Conduct,
what is the primary ethical obligation of a supervising attorney regarding a
paralegal's work?
A. To delegate all administrative tasks to maximize billable hours.
B. To ensure the paralegal holds a current North Carolina State Bar Paralegal
Certification.
C. To make reasonable efforts to ensure that the paralegal's conduct is compatible with
the professional obligations of the lawyer.
D. To review and sign every document prepared by the paralegal before it is filed.
CORRECT ANSWER: C. To make reasonable efforts to ensure that the
paralegal's conduct is compatible with the professional obligations of the
lawyer.
Rationale: Under the North Carolina Rules of Professional Conduct, specifically Rule
5.3, a supervising lawyer is responsible for the conduct of non-lawyer assistants. The
rule requires the lawyer to make reasonable efforts to ensure that the paralegal's
conduct is compatible with the lawyer's professional obligations. While review and
signing are important, the overarching duty is to ensure compatibility with professional
obligations.
Question 2: Which of the following is an "unfair trade practice" under North
Carolina General Statutes Chapter 75?
A. A breach of contract between two sophisticated commercial entities.
B. An act or practice in the conduct of trade or commerce that is deceptive, misleading,
or causes substantial injury to a consumer.
C. A single, isolated instance of negligence by a professional.
D. The sale of goods at a price higher than the manufacturer's suggested retail price.
CORRECT ANSWER: B. An act or practice in the conduct of trade or commerce
that is deceptive, misleading, or causes substantial injury to a consumer.
Rationale: N.C. Gen. Stat. § 75-1.1 prohibits unfair or deceptive acts or practices in or
affecting commerce. A practice is unfair if it offends established public policy or is
unethical, oppressive, or causes substantial injury. A single breach of contract or isolated
,negligence generally does not rise to the level of a Chapter 75 violation unless it involves
substantial aggravating circumstances.
Question 3: A paralegal is preparing a complaint for a personal injury case.
Which element is NOT required to state a claim for negligence under North
Carolina law?
A. A legal duty owed by the defendant to the plaintiff.
B. A breach of that duty by the defendant.
C. A contract between the plaintiff and the defendant.
D. Causation linking the breach to the plaintiff's injury.
CORRECT ANSWER: C. A contract between the plaintiff and the defendant.
Rationale: The elements of negligence in North Carolina are duty, breach of duty,
causation, and damages. A contract is not an element of a negligence claim; negligence
is a tort, not a breach of contract. The existence of a contract can create a duty, but it is
not a required element.
Question 4: In North Carolina, which court has exclusive, original jurisdiction
over all felony criminal cases?
A. North Carolina District Court.
B. North Carolina Superior Court.
C. North Carolina Court of Appeals.
D. North Carolina Supreme Court.
CORRECT ANSWER: B. North Carolina Superior Court.
Rationale: The North Carolina Superior Court has exclusive, original jurisdiction over
all felony criminal cases. District Courts handle misdemeanors and infractions. The
Court of Appeals and Supreme Court are appellate courts, not courts of original
jurisdiction for felonies.
Question 5: Under the North Carolina State Bar rules, what is the deadline for
a certified paralegal to complete their required continuing education credits?
A. Within 12 months of receiving certification.
B. By June 30 of each year.
C. By the date of their birth each year.
D. Before the anniversary date of their certification, every two years.
CORRECT ANSWER: B. By June 30 of each year.
Rationale: North Carolina certified paralegals must complete continuing legal education
(CLE) requirements by June 30 of each year to maintain their certification. The
requirement is annual, not biennial, and is tied to a specific calendar date rather than a
personal anniversary or initial certification date.
Question 6: What is the standard of proof required for a plaintiff to win a civil
case in North Carolina?
,A. Beyond a reasonable doubt.
B. Clear and convincing evidence.
C. Preponderance of the evidence.
D. Probable cause.
CORRECT ANSWER: C. Preponderance of the evidence.
Rationale: In most civil cases in North Carolina, the plaintiff must prove their case by a
preponderance of the evidence, meaning it is more likely than not that their claims are
true. "Beyond a reasonable doubt" is the standard for criminal cases. "Clear and
convincing evidence" is a higher standard used in some specific civil proceedings, such
as termination of parental rights.
Question 7: A paralegal in a family law firm is assisting with a child custody
case. Which factor is NOT one of the statutory factors a North Carolina court
must consider when determining the best interests of the child?
A. The child's age and sex.
B. The safety of the child and the safety of either parent from domestic violence.
C. The income of each parent.
D. The child's relationship with siblings and other members of the family.
CORRECT ANSWER: C. The income of each parent.
Rationale: While child support is based on the parents' incomes, custody
determinations are based on the "best interest of the child" standard under N.C. Gen.
Stat. § 50-13.2. The statute lists factors such as the child's age and sex, safety, and
relationships, but the income of each parent is not a statutory factor for custody; it is
relevant to child support calculations.
Question 8: In North Carolina, the doctrine of "contributory negligence" is a
complete bar to a plaintiff's recovery. Which of the following is an exception to
this doctrine?
A. Last clear chance.
B. Comparative fault.
C. Assumption of risk.
D. Vicarious liability.
CORRECT ANSWER: A. Last clear chance.
Rationale: North Carolina is one of the few states that still adheres to the strict doctrine
of contributory negligence, which bars recovery if the plaintiff's own negligence
contributed to their injury. The "last clear chance" doctrine is a recognized exception,
allowing a plaintiff to recover if the defendant had the last opportunity to avoid the
accident but failed to do so.
Question 9: What is the purpose of a "Notice of Deposition" in North Carolina
civil procedure?
, A. To officially file the deposition transcript with the court.
B. To inform an opposing party of the time, place, and scope of a deposition.
C. To request the production of documents from a non-party.
D. To serve as a motion to compel discovery responses.
CORRECT ANSWER: B. To inform an opposing party of the time, place, and
scope of a deposition.
Rationale: Under the North Carolina Rules of Civil Procedure, specifically Rule 30(b)(1),
a Notice of Deposition is a formal document served on all parties to a lawsuit. It
provides the time, location, and subject matter of the deposition, allowing parties to
attend and cross-examine the witness.
Question 10: Which of the following is a permissible duty that a paralegal can
perform under the supervision of a licensed North Carolina attorney?
A. Appear in court to argue a motion on behalf of a client.
B. Give a client legal advice regarding the strength of their case.
C. Conduct a factual investigation and summarize medical records.
D. Represent a client at an administrative hearing without the attorney present.
CORRECT ANSWER: C. Conduct a factual investigation and summarize
medical records.
Rationale: A paralegal is authorized to perform substantive legal work under the
supervision of an attorney, provided the attorney remains ultimately responsible for the
work. Investigating facts and summarizing records are classic paralegal duties. Giving
legal advice, appearing in court, and representing clients at hearings are considered the
unauthorized practice of law.
Question 11: Under the North Carolina Business Corporation Act, what is the
required minimum number of directors for a public corporation?
A. One.
B. Two.
C. Three.
D. As determined by the shareholders.
CORRECT ANSWER: C. Three.
Rationale: N.C. Gen. Stat. § 55-8-03 requires that a public corporation have a board of
directors consisting of at least three members. While a private corporation may have
one director, a public corporation must have a minimum of three.
Question 12: In real estate transactions, what is the primary purpose of title
insurance in North Carolina?
A. To guarantee the property will increase in value.
B. To protect the lender or owner from loss due to defects in the title that existed before
the policy was issued.
