Paralegal Certification – Questions With Solutions
Paralegal cannot . . . Correct Ans - (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 Correct
Ans - Basis for State Rules
North Carolina State Bar Rules of Professional Conduct Correct Ans -
Governs attorneys who supervise paralegals
Unauthorized practice of law Correct Ans - 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 Correct Ans - 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 Correct Ans
- 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 Correct Ans - 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 Correct Ans - Primary authority when it is
directly applicable to the fact situation at hand. Court cannot deviate, i.e.,
federal and state statutes.
Paralegal cannot . . . Correct Ans - (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 Correct
Ans - Basis for State Rules
North Carolina State Bar Rules of Professional Conduct Correct Ans -
Governs attorneys who supervise paralegals
Unauthorized practice of law Correct Ans - 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 Correct Ans - 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 Correct Ans
- 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 Correct Ans - 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 Correct Ans - Primary authority when it is
directly applicable to the fact situation at hand. Court cannot deviate, i.e.,
federal and state statutes.
