NALA CERTIFIED PARALEGAL EXAM TERMS AND
CONCEPTS QUESTIONS AND FULLY CORRECT
ANSWERS
Estate administration - ANSWER The process in which a decedent's personal representative
affairs of the decedent's estate (collects assets, pays debts and taxes, and distributes
settles the
the remaining assets to heirs); the process is usually overseen by a probate court.
inter vivos trust - ANSWER A trust createdby the grantor (settlor) and effective during the
grantor's lifetime-that is, a trust not established by a will.
Assault - ANSWER Any word or action intended to make another person apprehensive or
fearful of immediate physical harm, a reasonably believable threat.
Battery - ANSWER The intentional and offensive touching of another without lawful
justification.
Contributory Negligence ANSWER A theory in tort law under which a complaining party's
-
own negligence contributed to his or her injuries. This type of negligence is an absolute bar to
recover in some jurisdictions.
Comparative Negligence - ANSWER A theory in tort law under which the liability for
injuries resulting from negligent acts is shared by all persons who were guilty of negligence
(including the injured party) on the basis of each person's proportionate carelessness.
Negligence per se - ANSWER An action or failure to act in violation of a statutory
requirement.
Strict Liability - ANSWER Liability regardless of fault. In tort law, strict liability may be
imposed on a merchant who introduces into commerce a good that is so defective as to be
unreasonably dangerous.
Contract Validity Requirements - ANSWER Agreement, Consideration, Contractual
Capacity, Legality
Agreement - ANSWER A meeting of the minds, and a requirement for a valid contract. It
involves two distinct events: an offer to formacontract and the acceptance of that offer by
the offeree.
Offer - ANSWER A promise or commitment to do or refrain from doing some specified
thing in the future.
,Offeror - ANSWER The party making the offer.
Offeree - ANSWER The party to whom the offer is made.
Acceptance - ANSWER In contract law, the offeree's indication to the offeror that the
offeree agrees to be bound by the terms of the offeror's offer, or proposal to forma contract.
Mirror Image Rule - ANSWER A common law rule that requires that the terms ofthe
offeree's acceptance adhere exactly to the terms of the offeror's offer for a valid contract to be
formed.
Mailbox Rule - ANSWER A rule providing that an acceptance of an offer takes effect at the
time it is communicated via the mode expressly or impliedly authorized by the offeror, rather
than at the time it is actually received by the offeror. If acceptance is to be by mail, for
example, it becomes effective the moment it is placed in the mailboх.
Consideration - ANSWER Something of value, such as money or the performance of an
action not otherwise required, that motivates the formation of a contract. Each party must
give this for the contract to be binding.
Promissory Estoppel - ANSWER A doctrine under which a promise is binding if the promise
is clear and definite, the promisee justifiably relies on the promise, the reliance is reasonable
and substantial, andjustice will be better served by enforcement of the promise.
Contractual Capacity - ANSWER The threshold mental capacity required by law for a party
who enters into a contract to be bound by that contract.
Statute of Frauds - ANSWER A state statute that requires certain types of contracts to be in
writing to be enforceable.
Uniform Commercial Code (UCC) ANSWER Statutes adopted by all states, in part or in
-
whole, that contain uniform laws governing business transactions as defined in the code.
Rescission - ANSWER An action to undo, or terminate, a contract-to return the contracting
parties to the positions they occupied prior to the transaction.
Restitution - ANSWER An equitable remedy under which a person is restored to her or her
original position prior to loss or injury, or placed in the position that he or she would have
been in had the breach not occurred.
Reformation ANSWER An equitable remedy granted by a court
- to correct, or "reform," a
written contract so that it reflects the true intentions of the parties.
,
,
CONCEPTS QUESTIONS AND FULLY CORRECT
ANSWERS
Estate administration - ANSWER The process in which a decedent's personal representative
affairs of the decedent's estate (collects assets, pays debts and taxes, and distributes
settles the
the remaining assets to heirs); the process is usually overseen by a probate court.
inter vivos trust - ANSWER A trust createdby the grantor (settlor) and effective during the
grantor's lifetime-that is, a trust not established by a will.
Assault - ANSWER Any word or action intended to make another person apprehensive or
fearful of immediate physical harm, a reasonably believable threat.
Battery - ANSWER The intentional and offensive touching of another without lawful
justification.
Contributory Negligence ANSWER A theory in tort law under which a complaining party's
-
own negligence contributed to his or her injuries. This type of negligence is an absolute bar to
recover in some jurisdictions.
Comparative Negligence - ANSWER A theory in tort law under which the liability for
injuries resulting from negligent acts is shared by all persons who were guilty of negligence
(including the injured party) on the basis of each person's proportionate carelessness.
Negligence per se - ANSWER An action or failure to act in violation of a statutory
requirement.
Strict Liability - ANSWER Liability regardless of fault. In tort law, strict liability may be
imposed on a merchant who introduces into commerce a good that is so defective as to be
unreasonably dangerous.
Contract Validity Requirements - ANSWER Agreement, Consideration, Contractual
Capacity, Legality
Agreement - ANSWER A meeting of the minds, and a requirement for a valid contract. It
involves two distinct events: an offer to formacontract and the acceptance of that offer by
the offeree.
Offer - ANSWER A promise or commitment to do or refrain from doing some specified
thing in the future.
,Offeror - ANSWER The party making the offer.
Offeree - ANSWER The party to whom the offer is made.
Acceptance - ANSWER In contract law, the offeree's indication to the offeror that the
offeree agrees to be bound by the terms of the offeror's offer, or proposal to forma contract.
Mirror Image Rule - ANSWER A common law rule that requires that the terms ofthe
offeree's acceptance adhere exactly to the terms of the offeror's offer for a valid contract to be
formed.
Mailbox Rule - ANSWER A rule providing that an acceptance of an offer takes effect at the
time it is communicated via the mode expressly or impliedly authorized by the offeror, rather
than at the time it is actually received by the offeror. If acceptance is to be by mail, for
example, it becomes effective the moment it is placed in the mailboх.
Consideration - ANSWER Something of value, such as money or the performance of an
action not otherwise required, that motivates the formation of a contract. Each party must
give this for the contract to be binding.
Promissory Estoppel - ANSWER A doctrine under which a promise is binding if the promise
is clear and definite, the promisee justifiably relies on the promise, the reliance is reasonable
and substantial, andjustice will be better served by enforcement of the promise.
Contractual Capacity - ANSWER The threshold mental capacity required by law for a party
who enters into a contract to be bound by that contract.
Statute of Frauds - ANSWER A state statute that requires certain types of contracts to be in
writing to be enforceable.
Uniform Commercial Code (UCC) ANSWER Statutes adopted by all states, in part or in
-
whole, that contain uniform laws governing business transactions as defined in the code.
Rescission - ANSWER An action to undo, or terminate, a contract-to return the contracting
parties to the positions they occupied prior to the transaction.
Restitution - ANSWER An equitable remedy under which a person is restored to her or her
original position prior to loss or injury, or placed in the position that he or she would have
been in had the breach not occurred.
Reformation ANSWER An equitable remedy granted by a court
- to correct, or "reform," a
written contract so that it reflects the true intentions of the parties.
,
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