PARALEGAL CORE COMPETENCY EXAM 2024 100% CORRECTLY SOLVED
Abatement - Process of selling estate property to pay debts. Abatement of Rent - A deduction from the rent owed for the diminishment in value of the premises caused by the lack of maintenance. Abstract of Title - Chronological summary of all official records and recorded documents affecting the title to a parcel of land. Accord and Satisfaction - The payment of money, or other valuable consideration (usually less than the amount owed), in exchange for extinguishment of a debt. There must be an express or implied agreement that accepting the smaller sum discharges the obligation to pay the larger sum. Acquittal - The legal certification that an accused person is not guilty of the charged offense. Actual Notice - Direct knowledge a person has about the ownership and condition of title of real property. Actus Reus - Latin term: "guilt act." The wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability. Administrative Authority - Rules, regulations and decisions enacted by federal, state and local agencies; also includes executive orders for of the President/Governor. Administrator (male)/Administratrix (female) - Personal representative appointed by the court when there is no valid will. Advance Directive - Document that expresses the health care wishes of the signor. Advance Sheets - Contains recent cases or statutes enacted or decided after the hardbound volume was published. The documents in the ___ ___ will be included in the next hardbound volume of the published set. Adverse Possession - Acquiring title through taking possession of land that belongs to another without the owner's consent and retaining possession for a statutory amount of time. It must be: (i) hostile, meaning it must be without the owner's consent; (ii); actual, meaning there must be physical dominion and control exerted over the property; (iii) open and notorious, meaning anyone would be able to determine possession for the entire statutory period; and (v) exclusive, meaning that the adverse possessor cannot share use of the land in question with its title owner. Affidavit - A sworn statement in writing, made under oath. Affirmative Defense (civil) - A fact raised by the defendant that constitutes a defense to the complaint. Affirmative Defense (criminal) - A set of facts that tend to excuse the defendant from the crime with which they have been charged. Alimony - An award of money given from one spouse to the other. Duration of ___ can be for a very specific time period and will automatically terminate upon a specific date, or it may be unlimited, terminating only upon the death of the payor spouse or the payee spouse. ___ is also known as "Spousal Separate Maintenance" and/or "Spousal Support." It is important to note that, in some jurisdictions, spousal support and ___ are different. Alimony Pendente Lite (APL) - An award of money given from one spouse to the other prior to entry of a final decree; more literally, pending the litigation. American Law Reports (ALR) - Published in a series; a secondary legal authority that publishes selected cases followed by extensive articles (a/k/a annotations) which discuss the issues raised. Ancestor - Relative of a previous generation. Ancillary Administration - Estate administration established in a state where property is located outside of the domiciliary state. Annulment - The act of making something void and wiping it out completely. Anticipatory Repudiation - Occurs when one party positively states that they will not substantially perform a contract. Appeal - To ask a court of appellate jurisdiction to review the decision of the lower court of the basis that the lower court made an error of law. Appellant - The party who asks the higher court to review the lower/trial court's decision. Appellee - A party against whom an appeal is taken and whose role is to respond to, or defend, that appeal. Arraignment - The initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and enter a plea. Arrest - The taking or keeping of a person in custody by legal authority in response to a criminal charge. Articles of Incorporation - The governing document of the corporation, which must be filed with the Secretary of State in the state of incorporation. Articles of Limited Liability Partnership - Public document that must be filed with the Secretary of State in the state of incorporation.
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paralegal core competency exam
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