PARALEGAL CORE COMPETENCY EXAM 2024| ACTUAL TEST WITH COMPLETE SOLUTION
PARALEGAL CORE COMPETENCY EXAM 2024| ACTUAL TEST WITH COMPLETE SOLUTION Abatement - Process ofselling 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 orstatutes 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 payorspouse 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 notsubstantially 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.
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