Paralegal Certification Exam Questions and Answers 100% Pass

Paralegal Certification Exam Questions and Answers 100% Pass Paralegal cannot . . . -Answer-(1) Represent a client in court; (2) offer legal advice; (3) undertake representation of a client; or (4) set fees The American Bar Association's Model Rules of Professional Conduct and Model Guidelines for the Utilization of Legal Assistant Services -Answer-Basis for State Rules North Carolina State Bar Rules of Professional Conduct -Answer-Governs attorneys who supervise paralegals Unauthorized practice of law -Answer-Engaging in the practice of law or advertising or otherwise holding out to the public of an ability to provide legal services by someone other than a licensed NC attorney Practice of Law -Answer-Performing any legal service for another person, firm or corporation, with or without compensation; preparing court documents; assisting in legal work; or advising another person, firm or corporation about their legal rights. Other Duties that cannot be performed by a non-attorney -Answer-Abstracting and passing upon titles to real estate; organizing corporations; preparing or aiding in the preparation of deeds, trusts, will or other legal documents; preparing or aiding in the preparation of probate petitions and accountings; preparing or aiding in the preparation of court pleadings; and appearing in court or before any judicial or quasi-judicial body on behalf of another Primary authority is the law as provided by the government, including federal and state - Answer-constitutions; statutes; case law/common law; and administrative agency rules/regulations. Other primary authorities include: federal treaties, and Local (city or county) ordinances "Mandatory" law -Answer-Primary authority when it is directly applicable to the fact situation at hand. Court cannot deviate, i.e., federal and state statutes. "Mandatory" law -Answer-Precedent cases (doctrine of stare decisis): prior cases from a court of equal or higher rank in the same jurisdiction with same facts and same issues - court must follow those prior "precedent" cases and are mandatory authority "Persuasive authority" -Answer-Facts or issues before the court are a bit different from those in a prior decision, i.e., "distinguishable" - prior case may become simply "persuasive authority" rather than mandatory Secondary authority is not the law itself - it is something that describes, discusses , or comments on the law -Answer-legal dictionaries; encyclopedia