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PACE Practice
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Preguntas del test (198)
1A potential conflict of interest can be resolved by the creation of all of the following, except:
- Aemployment agreement
- Bethical wall
- Ccone of silence
- Dscreen
2A writ for habeas corpus will automatically do which of the following:
- ARelease a person from prison
- BStay a court proceeding
- CTransfer a prisoner to another jurisdiction
- DInitiate a hearing before a judge
3An important benefit of maintaining client documents in native file format is:
- Asearchable metadata
- BPDF formatting
- Cthe ability to cut and paste
- Deasily accessible TIFF images
4Attorneys A and B are married. Under which circumstance is there a potential conflict of interest?
- AAttorney A represents plaintiff; Attorney B represents co-plaintiff
- BAttorney A represents plaintiff; Attorney B represents defendant
- CAttorney A represents plaintiff; Attorney B represents plaintiff’s brother
- DAttorney A represents plaintiff; Attorney B represents third party witness
5Because the ordinary operation of computer systems creates a risk to lose discoverable documents, the Fed.R.Civ.P. provides for:
- Areduced sanctions
- Bsafe harbor
- Csafe destruction practices
- Dgood faith processes
6Correspondence and pleadings are typically organized in or by
- Aparty
- Bdocument type
- Cchronological order
- Dreverse chronological order
7During an interview, a client begins to discuss a matter outside the current representation that could result in litigation. The paralegal should:
- Arefer the client to another firm for representation on the new matter
- Brefrain from discussing the matter at all
- Cproceed to gather information about the new matter immediately
- Dobtain enough information to conduct a conflicts check
8In calculating legal deadlines, the trigger date is
- Athe date that the clock begins to tick
- Bthe date of the act or event
- Cthe filing date
- Dthe deadline date
9 In order to comply with Fed.R.Civ.P. 16 relating to Pre-Trial Conferences, the parties need to know all of the following except:
- Awhat ESI they are seeking
- Bwhat ESI is in the client’s possession
- Cnames of witnesses
- Dhow the client archives information
10Legal rights may be
- AInure
- BJurat
- CIn personam and In rem
- DIntangible and Intellectual
11The most cost efficient way to obtain a complaint filed in a federal court case outside of your town is to:
- AUse LEXIS or WESTLAW
- BUse PACER system
- CHire a document retrieval service
- Db. Use VEPS system
12To be most effective, a calendar system should be maintained by
Select one:- AThe law office only
- BThe paralegal only
- CThe law office, the attorney, and the paralegal
- Dd. The attorney and the paralegal
13Which of the following best describes this situation: Lawyer A in the firm’s New York office represents the plaintiff and Lawyer B in the firm’s Dallas office represents a defendant in the same cause of action:
- AAn acceptable representation since the lawyers work in different cities
- BConcurrent representation and a conflict of interest
- CVicarious representation but still acceptable under ethic concepts
- DVicarious representation and a conflict of interest
14Which of the following organizational methods would facilitate the location of a letter that was probably written within the past 10 days but whose subject, author and recipient are not known?
- AUnfiled and stacked
- BAlphabetical order by recipient
- CReverse chronological order
- DAlphabetical order by author
15You are drafting a legal document and looking for a Latin term meaning “new” or “starting over again”. Which term would you use?
- ALaches
- BInter alia
- CDicta
- DDe novo
16Which of the following is true related to OCR and imaged documents in a database
- AYou can perform date searches on imaged documents.
- BYou can perform key word searches on OCR documents.
- CImaged documents don’t need to be coded.
- DThe quality of an OCR document is usually better than that of an imaged document.
17According to NFPA Model Code of Ethics and Professional Responsibility Guidelines, a paralegal should aspire to contribute ___ hours of pro bono services annually.
Select one:- A24
- B0
- C50
- D10
18A paralegal preparing a trust agreement for a wealthy client learns that one of the beneficiaries is the wife of one of the firm’s corporate clients. The paralegal should inform the attorney of a ___.
- Adirect conflict
- Bpotential conflict
- Cpre-client conflict
- Dconfidentiality conflict
19An imaginary boundary placed around an individual who has a conflict of interest can be referred to as which of the following:
Select one:- AEthical Wall, Cone of Silence or Screen
- BConsent, Ethical Wall or Chinese Wall
- CCone of Silence, Conscience Wall or Ex Parte
- DEthical Wall, Fire Wall or Chinese Wall
20Missouri v. Jenkins is an important case for paralegals because it
Select one:- Aallowed for law firms to pay paralegals bonuses based on firm profitability but not contingent on one particular case
- Bruled that paralegals were to be paid overtime in most cases
- Cruled that paralegals were exempt employees
- Dallowed for paralegal’s time to be billed at market rate, rather than cost
21Another name for Imputed Disqualification is:
Select one:- AConcurrent
- BSimultaneous
- CSuccessive
- DVicarious
22In the initial client interview, the paralegal can do all of the following except:
Select one:- AExplain the way in which the office will handle the case
- BIdentify legal problems
- CAccept the matter
- DIntroduce the client to the kind of legal services offered by the office
23The United States Supreme Court case that defines the work product doctrine is:
Select one:
- ADaubert v. Merrell Dow
- BGideon v. Wainwright
- CHickman v. Taylor
- DMarbury v. Madison
24An email between Client A’s CFO and Client A’s President summarizing potential damage calculations is potentially privileged due to ____.
Select one:- Ad. Ex parte privilege
- Bc. Physician-patient privilege
- Cb. Attorney client privilege
- Da. Work product doctrine
25Once it is determined that a conflict of interest exists, a/ an _______ must be obtained in order for the firm to continue to represent the client in the matter.
Select one:- Ad. disclaimer
- Bc. ethical opinion
- Cb. written consent
- Da. ethical wall
26A letter from plaintiff’s attorney to defendant’s attorney summarizing the bad acts of the defendant is best described as ____.
Select one:- Ad. Privileged depending on the date of the document
- Bc. Not privileged
- Cb. Attorney client privileged
- Da. Work product
27The disqualification of all lawyers in a law firm because one of its lawyers has a conflict of interest is known as ____.
Select one:
- Ad. Unimputed
- Bc. Successive
- Cb. Vicarious
- Da. Simultaneous
28Which of the following tasks would constitute the unauthorized practice of law for a senior-level paralegal whose skill level is very high?
Select one:- Ad. briefing a case for the trial notebook
- Bc. corresponding with the attorney for the opposition
- Cb. conducting client interviews
- Da. accepting assignments directly from the firm's clients
29ABA Rules of Professional Conduct do not allow a lawyer to reveal confidential information ______.
Select one:- Ad. in the prevention of reasonably certain death
- Bc. upon the death of the client
- Cb. in the defense of a controversy between the client and lawyer
- Da. in the prevention of a crime
30The legal right to bring a lawsuit is called ____.
Select one:- Ad. capacity
- Bc. standing
- Cb. venue
- Da. jurisdiction
31An attorney is prohibited from ______ to/with a non-lawyer.
Select one:- Ad. sharing office equipment
- Bc. fee splitting
- Cb. providing bonuses based on firm profit
- Da. ex parte communications
32Stirpes refers to _____.
Select one:- Ad. a court’s decision in a probate proceeding
- Bc. a jury’s decision in a probate proceeding
- Cb. having a right to an estate because of a written or oral will
- Da. having a right to an estate because you are a descendant
33Interest rates can be ____.
Select one:
- Ad. unjust enrichment
- Bc. waived
- Cb. usurious
- Da. vicarious
34A precedent that is binding, must be followed, refers to the legal principle of ______.
Select one:- Ad. stare decisis
- Bc. bifurcation
- Cb. sua sponte
- Da. res judicata
35Written permission from a client that might present a conflict of interest that allows an attorney to continue representation despite the conflict is referred to as _____.
Select one:- Ad. Conflict of Interest
- Bc. Ethical Wall
- Cb. Conflict Check
- Da. Conflict Waiver
36Compensatory damages are best described as ______.
Select one:
- Ad. nominal damages
- Bc. actual damages
- Cb. exemplary damages
- Da. treble damages
37Under the Freedom of Information Act, a government agency most often has how many days to respond to a request for information?
Select one:- Ad. 45 days
- Bc. 30 working days
- Cb. 30 days
- Da. 20 working days
38A complaint filed in federal court that alleges damages of $50,000 is properly dismissed due to _____________.
Select one:- Ad. subject matter jurisdiction
- Bc. legal capacity
- Cb. diversity of citizenship
- Da. venue
39Which of the following best describes attorney work product?
Select one:- Ad. correspondence containing mental impressions, conclusions, opinions, or legal theories of an attorney concerning the litigation
- Bc. ideas and opinions of any agent of the client's insurance company
- Cb. deposition transcripts and witness reports that the attorney has prepared based on investigation
- Da. financial statements prepared in the ordinary course of business before litigation
40Where would a paralegal find the timeframe within which to file an answer to a complaint?
Select one:- Ad. Federal Rules of Civil Procedure
- Bc. Martindale-Hubbell (Lawyer’s Edition)
- Cb. Prosser on Torts
- Da. United States Code Annotated (USCA)
41Unless a response is served within the prescribed period of time, the statements contained in a request for admissions are ________________.
Select one:- Ad. listed as pending future filings
- Bc. noted as objected
- Cb. open for interpretation
- Da. deemed admitted
42If a defendant pleads for comparative negligence, damages would ________.
Select one:- Ad. include punitive damages.
- Bc. be awarded but collection would await an appellate court ruling
- Cb. be reduced by a percentage representing the degree of the plaintiff’s negligence
- Da. be reduced based on statute
43According to best practice interviewing techniques, when conducting an effective client or witness interview, which of the following is most important?
Select one:- Ad. outline all questions before the interview
- Bc. gain the trust of the client
- Cb. take meticulous notes
- Da. review all documents related to the client
44A local United States District Court sets a response of 10 days after service of the motion. The motion was served on a Monday in March. When is the response due on a _______.
Select one:- Ad. Thursday
- Bc. Wednesday
- Ca. Monday
- DTuesday
45Which of the following is not considered an affirmative defense?
Select one:- Ad. assumption of risk
- Bc. venue
- Cb. laches
- Da. statute of limitations
46Stocks issued at par value are at ________.
Select one:- Ad. face value
- Bc. service value
- Cb. shareholder value
- Da. bond value
47A defendant would not file which of the following?
Select one:- Ad. verified complaint
- Bc. motion for summary judgment
- Cb. answer and affirmative defense
- Da. answer and counterclaim
48Jury selection includes ________.
Select one:
- Ad. presentation of some evidence
- Bc. voir dire
- Cb. court’s charge
- Da. opening statements
49The Collateral Source Rule refers to ______.
Select one:- Ad. a rule of tort law that holds that if an injured person receives compensation from a source independent of the tort-feasor, that amount is not deducted from his damages.
- Bc. a Blue Book citation that cites parallel cites.
- Cb. a rule of evidence law that holds that evidence secured in an illegal raid is not admissible.
- Da. a rule of criminal law that holds that persons convicted of a crime are not to collect monies from publicity related to the crime.
50At the conclusion of the plaintiff’s evidence, the defendant may file a motion_________.
Select one:- Ad. to exclude evidence
- Bc. for directed verdict
- Cb. to poll the jurors
- Da. for bill of special exceptions
51Laches is a legal doctrine similar in concept to ______.
Select one:- Ad. Proximate Cause
- Bc. Parol Evidence
- Cb. Mandamus
- Da. Statute of Limitations
52The Latin term meaning that a matter has already been conclusively decided by a court is _____.
Select one:- Ad. Sua sponte
- Bc. Res judicata
- Cb. Proper
- Da. Res ipsa loquitur
53A tort claim dismissed by United States District Court because it was filed three years after the claim arose was most likely dismissed due to ________.
Select one:- Ad. Statute of Frauds
- Bc. UCC filing error
- Cb. Subject Matter Jurisdiction
- Da. Statute of Limitations
54A paralegal is directed by the attorney to prepare documents for a corporation that will prepare generic legal forms: Articles of Incorporation, Bylaws, Minutes of Organizational Meeting. The husband, an attorney, will be president, secretary and a director. The wife, a publicist, will be vice president, treasurer and a director. Stock certificates will be limited to 100 shares each. What type of corporation is being formed?
Select one:- Ad. semi-professional
- Bc. Subchapter S
- Cb. closely held
- Da. professional
55Sovereign Immunity is a concern in an action _____.
Select one:
- Ad. brought against multiple defendants in multiple jurisdictions
- Bc. brought against a governmental entity
- Cb. brought by a corporation
- Da. brought by a governmental entity
56In 2004, the Fair Labor Standards Act was revised, changing the status of many paralegals from _____ to __________.
Select one:- Ad. administrative to professional
- Bc. professional to administrator
- Cb. nonexempt to exempt
- Da. exempt to nonexempt
57According to the ABA, travel time spent outside of normal working hours is _______.
Select one:- Ad. billable only if traveling to court appearances
- Bc. not billable for attorneys
- Cb. billable for both attorneys and paralegals
- Da. not billable for attorneys but is billable for paralegals
58Age Discrimination in Employment Act (“ADEA”) prohibits employers from discriminating against an individual ___ of age and above on the basis of age.
Select one:- Ad. 60 years
- Bc. 50 years
- Cb. 40 years
- Da. 30 years
59The Civil Rights Acts of 1991 _______________.
Select one:- Ad. sets caps on the recovery of damages based on the number of employees
- Bc. allows employees to take unpaid medical leave due to a serious health condition
- Cb. prohibits the knowing employment of illegal aliens
- Da. amended The Immigration Reform and Contract Act
60Which of the following expresses the Rule of Thirds?
Select one:- Ad. three percent of gross annual income less overhead equals profit
- Bc. three attorneys for each paralegal
- Cb. billing rate equals salary plus overhead plus profit
- Da. three paralegals with the same billable rate, same office, same benefits
61When consumers become so familiar with a trademark that they identify all products of a brand name by that trademark, the trademark is considered _______.
Select one:- Ad. Parallel
- Bc. Collective
- Cb. Abandoned
- Da. Generic
62During the initial interview of a prospective paralegal employee, it is not appropriate to ask which of the following questions?
Select one:- Ad. Are you a United States citizen?
- Bc. Do you mind working overtime?
- Cb. Are you pregnant?
- Da. Does travel pose a problem for you?
63A fee application must include _________.
Select one:- Ad. financial records of the firm seeking fees
- Bc. total amount owed by the debtor to creditors
- Cb. financial records of the debtor
- Da. a description of attorney and paralegal time spent on the matter
64The Family Leave Act of 1993 (“FMLA”) provides that employees working for the same employer for at least ____ year(s) and ______ hours in the previous 12 months are entitled to _____(paid or unpaid) leave
Select one:- Ad. 1 year, 1250 hours, unpaid leave.
- Bc. 1 year, 1250 .hours, paid leave.
- Cb. 2 years, 1250 hours, unpaid leave.
- Da. 2 years, 1300 hours, paid leave.
65Which of the following is an example of a service mark?
Select one:- Ad. McDonald’s Golden Arches
- Bc. UPS®
- Cb. RP ®
- Da. GOOD HOUSEKEEPING SEAL OF APPROVAL ®
66A Writ of Certiorari is most commonly used by which of the following?
Select one:- Ad. Texas Court of Appeals
- Bc. U.S. Supreme Court
- Cb. U.S. Attorney General’s Office
- Da. U.S. Court of Appeals
67The term for oral or verbal evidence…evidence given by word of mouth is ________________.
Select one:- Ad. intangible evidence
- Bc. slander
- Cb. hearsay evidence
- Da. parol evidence
68Preponderance of the evidence is a term used to describe the weight of the evidence in ______________.
Select one:- Ad. civil courts
- Bc. bankruptcy courts
- Cb. tax courts
- Dcriminal courts
69The plaintiff’s prima facie case refers to _____.
Select one:- Ad. his cross examination of defendant
- Bc. his rebuttal after defendant’s primary case
- Cb. the case up until it is submitted to the jury
- Da. his case in chief
70Lawyers withdraw, judges _____________.
Select one:- Ad. pardon
- Bc. recuse
- Cb. excuse
- Da. repleave
71A client has created a false "copy" of a letter that was supposed to have been sent to the opposing party by a date now passed, invoking an option that has now expired. Meanwhile, the opposing party incorrectly believes that it lost the original of the letter. What should the law firm do?
Select one:- Ad. Inform any court involved of the client's creation of false evidence
- Bc. Follow the client's instructions and use the false copy
- Cb. Benefit from the opponent's confusion and use the false copy
- Da. Refrain from using the false copy, because it is a fraudulent
72In common law pleading and practice, the location or place of the court proceeding is the ___________.
Select one:- Ad. district
- Bc. jurisdiction
- Cb. circuit
- Da. venue
73The Intent-to-use application is a term used in ________.
Select one:- Ad. Criminal law
- Bc. Bankruptcy law
- Cb. Trademark law
- Da. Corporate law
74In Work for Hire situations with respect to copyrights...
Select one:
- Ad. The employee may become the author of the work if the employer goes out of business.
- Bc. Written agreements between employee and employer are advisable, but not essential.
- Cb. The employer is considered the author of the work.
- Da. The employee is considered the author of the work.
75The three categories of patents are ______, ________ and _________.
- Ad. design, art and utility.
- Bc. design, service and art.
- Cb. utility, design and art.
- Da. utility, design and plant.
76Which of the following citation refers to a secondary source?
Select one:- Ad. In re Jackson, 348 F. Supp. 954 (M.D. Pa. 1972)
- Bc. Green v. Green, 719 F.2d 226 (1985)
- Cb. 17 Am. Jur.2d Contracts §74 (1971)
- Da. 22 C.F.R § 22.15 (1985)
77Which of the following types of information can be found in the Federal Register?
Select one:- Ad. job openings in the federal government
- Bc. presidential press conferences
- Cb. names of foreigners who have moved to the United States
- Da. licensing changes for nuclear power plants
78When an appellate court hears a case en banc, it uses ___________.
Select one:
- Ad. a visiting judge only if the parties agree.
- Bc. a panel of visiting judges.
- Cb. a panel of three judges.
- Da. all the judges sitting on the court.
79When cite-checking the most important abbreviation to look for is __________.
Select one:
- Ac
- Ba
- Co
- Dd
80 Any non-law which a court could rely upon in reaching its decision is called ___________.
Select one:- Ad. optional authority
- Bc. mandatory authority
- Cb. secondary authority
- Da. primary authority
81Shepard's Citations provides which of the following information?
Select one:- Ad. only court decisions that overrule the case at hand
- Bc. every reported case that has ever mentioned the case at hand
- Cb. only reported cases questioning or modifying the case at hand
- Da. cases in a particular jurisdiction
82When cite-checking, the paralegal should verify that the law is good law by ____________.
Select one:- Ad. consulting secondary authorities in addition to primary authorities.
- Bc. consulting non-published opinions.
- Cb. consulting Shepard’s Citations.
- Da. consulting the Bluebook.
83The Key Numbering System is a research aid developed by _________________.
Select one:- Ad. West Publishing.
- Bc. Lexis.
- Cb. a committee of federal judges.
- Da. law school students.
84Sometimes called a hornbook, this resource was written by a legal scholar in a given topic area.
Select one:
- Ad. Martindale-Hubbell
- Bc. Periodical in the same place;
- Cb. Legal encyclopedia
- Da. Treatise
85A paralegal wanting to locate case law interpreting a federal statute would best consult ____________.
Select one:- Ad. United States Code.
- Bc. American Jurisprudence.
- Cb. Code of Federal Regulations.
- Da. Federal Register.
86In performing legal research with respect to an area of the law that you are not familiar with, it is best practice to first...
Select one:- Ad. consult mandatory authorities.
- Bc. consult attorney general opinions.
- Cb. consult secondary authorities.
- Da. consult primary authorities.
87Statutes collected into a statutory code arranged by topic are _______.
Select one:- Ad. Contained in Statutes at Large
- Bc. Codified
- Cb. Contextual
- Da. Annotated
88A decision by the court that doesn’t have a designated author is referred to as _________.
Select one:
- Ad. Unanimous Opinion
- Bc. Per Curiam Opinion
- Cb. Plurality Opinion
- Da. Majority Opinion
89Which of the following is the best example of a uniform law?
Select one:- Ad. U.C.C.
- Bc. Am. Jur.
- Cb. Martindale-Hubbell
- Da. S.E.C.
90The United States Constitution is published in all of the following except ___________.
Select one:- Ad. United States Code
- Bc. United States Code Service
- Cb. United States Code Annotated
- Da. United States Code Register
91Which are legal encyclopedias?
Select one:- Ad. Index to Legal Periodicals
- Bc. Martindale-Hubbell
- Cb. Black’s and Ballentine’s
- Da. C.J.S. and Am. Jur
92Which of the following is an example of a treatise?
Select one:- Ad. 92 C.J.S. Negligence § 35 (1989)
- Bc. 30 U.S.C. § 523 (1982)
- Cb. Prosser, Torts § 35 (25th ed. 1999)
- Da. Restatement (Second) of Torts § 37 (1980)
93A paralegal working on a case involving a federal statute learns that the agency that administers the statute has promulgated a regulation that may affect the case. The best place to look for the regulation is _____________.
Select one:
- Ad. United States Code.
- Bc. Code of Federal Regulations.
- Cb. Federal Practice and Procedure.
- Da. California Register.
94When conducting computer-assisted legal research, the objective in query formation is to ...
Select one:- Ad. obtain abundant materials, which can then be browsed.
- Bc. use general words, which will result in more material being retrieved.
- Cb. narrow the search to obtain specificity.
- Da. use key terms and connectors.
95Another name for a Motion to Bifurcate is _________.
Select one:
- Ad. Motion to Surrender Assets
- Bc. Motion for Summary Judgment
- Cb. Motion to Consign
- Da. Motion for Separate Trials
96If a cross-claim is filed…
Select one:- Ad. the defendant adds another party to the suit.
- Bc. the defendant files a claim against another defendant.
- Cb. the plaintiff adds another party to the suit.
- Da. the defendant files a claim against the plaintiff.
97A paralegal who is preparing a demand letter to an individual who is one month behind in payments must be aware of _________.
Select one:
- Ad. privacy laws.
- Bc. freedom of information laws.
- Cb. right-to-know laws.
- Da. fair debt collection practice laws.
98In probate law, an Inter Vivos Trust is commonly referred to as a __________.
Select one:- Ad. stand-alone trust
- Bc. living trust
- Cb. revocable trust
- Da. irrevocable trust
99String cites are a successive chain of cases that ___________ the case just discussed.
Select one:- Ad. modify
- Bc. dispute
- Cb. follow generally
- Da. quote
100he official publication where United States statutes are published is _________________.
Select one:- Ad. United States Register
- Bc. United States Code Service
- Cb. United States Code Annotated
- Da. United States Code
101When citing the United States Constitution, you should _______________.
Select one:- Ad. Cite provisions with the date only when repealed
- Bc. Cite provisions without the date
- Cb. Cite provisions with the date
- Da. Cite provisions without the date unless they have been repealed or amended
102A plurality opinion is an opinion ...
Select one:- Ad. written by one or more judges who agree with the majority but wish to add their own thoughts.
- Bc. written for the greatest number of judges who can agree but is less than a majority.
- Cb. written by one justice who opines that the case should have been decided in a way other than the way chosen by the majority of the judges.
- Da. written by one justice for himself and others, making up the majority of the judges hearing the case.
103By drafting a _________, a will may be amended only to the extent of the provisions as stated in the amendment.
Select one:- Ad. amendment
- Bc. codicil
- Cb. caveat
- Da. citation
104The proper format for citing constitutional authority is ________.
Select one:- Ad. United States Const. art. III, § 2 (1978)
- Bc. U.S. Const. art. III, § 2
- Cb. U.S. Const. art III, § 2 (1978)
- Da. United States Const. art III, § 2
105n Latin, the term caveat means ________.
Select one:- Ad. In relation to
- Bc. An inconvenient court
- Cb. New
- Da. Let him beware
106The order for citing legal authorities in a Table of Authorities is ...
Select one:- Ad. statutes, case law, court rules and other authorities.
- Bc. constitutional law, statutes, case law and court rules.
- Ca. court rules, case law, statutes, constitutional law and other authorities.
- Db. case law, constitutional law, statues, court rules and other authorities.
107The Uniform Probate Code relies on the Table of ______ to establish whether a person is a lineal descendant to the deceased:
Select one:- Ad. Consanguinity
- Bc. Per Stirpes
- Cb. Descendants
- Da. Distributions
108In order to distribute pension plan funds ___________ must be issued.
Select one:- Ad. Marital Settlement Agreement
- Bc. Temporary Papers
- Cb. Divisible Divorce Order
- Da. Qualified Domestic Relations Order
109Which of the following determines the format you’ll use in preparing a federal court brief, e.g. cover sheet, table of contents and table of authorities?
Select one:- Ad. Federal Rules Decisions
- Bc. Federal Rules of Evidence
- Cb. Federal Rules of Civil Procedure
- Da. local court rules
110An appellant is the…
Select one:- Ad. party against whom the appeal is filed
- Bc. party bringing the appeal
- Cb. trial court defendant
- Da. trial court plaintiff
111Which of the following is the correct order for citing a federal statute?
Select one:- Ad. volume number, abbreviated name of the code, section sign and number, year in parenthesis
- Bc. volume number, full name of the code, section sign and number and year
- Cb. abbreviated name of the code, volume number, section sign and number, and year in parenthesis
- Da. section sign with number, abbreviated name of the code, and volume number
112To help the client conceptualize problems and give a focused response, a complex and lengthy draft letter should employ __________.
Select one:- Ad. citations
- Bc. footnotes
- Cb. headings
- Da. primary authority
113The reader of an appellate brief usually expects to find ...
Select one:- Ad. the best argument first.
- Bc. the least favorable argument cited.
- Cb. the best argument last.
- Da. the least favorable argument first.
114Rules that govern the internal affairs or actions of a corporation, whether profit or nonprofit, are called ___________.
Select one:- Ad. Acknowledgements
- Bc. Binding precedents
- Cb. Bylaws
- Da. Articles of Incorporation
115It is inappropriate for a paralegal administrator to delegate to subordinates tasks that involve ________.
- Aa. accessing a client’s privileged documents
- Bd. accessing confidential client files
- Cc. accessing confidential personnel files
- Db. accessing deposition and trial exhibits
116Plaintiff Dance objects (hearsay objection) to Defendant ABC’s Trial Exhibit #14 (ABC Company’s employment file related to Plaintiff Dance) in an employment discrimination litigation filed by Dance against ABC Company. Dance’s objections to this trial exhibit will likely to be overruled based on:
- AFed.R. Evid. 803, business records exception;
- Bd. HIPPA
- Cb. Fed. R. Evid. 801, dying declaration exception;
- Dc. Fed.R.Evid. 803, out of court statement offered to prove the truth of the matter;
117A criminal defendant tried and acquitted cannot be tried for the same crime a second time based on:
- Aa. double jeopardy
- Bd. demurrer
- Cc. in personam jurisdiction
- Db. sovereign immunity
118In actions involving land, the location of the land determines the ________.
- Aa. jurisdiction
- Bd. proper venue
- Cc. amount in controversy
- Db. type of action
119The basis for billing a paralegal’s time at market rate, rather than just the cost to the attorney is based upon ___________.
- Aa. Missouri v. Jenkins
- Bd. Chambers v.Maroney
- Cb. ABA Model Guidelines for the Utilization of Paralegal Services.
- Dc. ABA Standing Comm. On Ethics, Formal Opinion 92-368
120What is attorney work product?
- Ac. Tangible documents containing ideas and opinions of any agent of the client’s insurance company.
- Bd. Tangible documents containing mental impressions, conclusions, opinions, or legal theories of a lawyer concerning the matter.
- Cb. Deposition transcripts and witness reports that the lawyer has prepared based on investigation.
- Da. Financial statements prepared in the ordinary course of business before the litigation.
121The best time to stage a mock trial in an age discrimination/wrongful termination cause is...
- Aa. before the special verdict form is prepared.
- Bd. at the commencement of discovery so as to identify potential issues.
- Cc. when most of the discovery has been completed and the trial date is near.
- Db. after the witnesses have been deposed
122Paralegals conducting client interviews must...
- Aa. limit their notes to relevant facts as presented by the client.
- Bd. disclose their nonlawyer status
- Cc. answer the client’s hypothetical questions
- Db. discuss the fees that the firm charges
123When ending an intake interview with a prospective client, the paralegal should...
- Aa. summarize important factual statements and give the client the opportunity to verify the accuracy of the information.
- Bd. explain the consequences of withholding information and the firm’s policy for handling such matters
- Cb. tell the client the probable outcome or resolution of the legal action and estimate the cost.
- Dc. indicate the willingness of the lawyer to accept the case and the next step to be taken.
124Which of the following most accurately describes the intellectual property known as a trademark?
- AInformation of value to a business which that business has taken steps to protect as a secret
- Bd. Protection given literary, artistic or other works to prevent unauthorized duplication.
- Cc. A word, name, symbol, device, or combination of these adopted and used by a manufacturer or merchant to identify its goods
- Db. A grant by the Federal Government providing an inventor with the exclusive right to make, use, and sell a device or process
125When performing a factual analysis, it is important to keep in mind that...
- Apeople stick with their version of the facts.
- Bd. there can be only one version of the facts.
- Cb. events mean different things to different people.
- Dc. inconsistent facts usually mean fraud or lying.
126If a law firm practices in more than one jurisdiction, the computerized tickler system may have to be modified to accommodate...
- Aadditional volume of motions
- Bd. a larger defendant address field.
- Cb. different statutes of limitations
- Dc. clerks of several courts.
127ABA Model Rules of Professional Conduct allow a lawyer to reveal confidential information under these instances, except:
- Aa. upon the death of the client
- Bd. in defense of accusation of unethical conduct
- Cb. in defense of accusation of criminal conduct
- Dc. in prevention of a crime
128When calculating legal deadlines, which of the following is most true?
- Aa. Day 1 is the day after the trigger date.
- Bd. Day 1 is the day after the filing date.
- Cb. The trigger date is counted.
- Dc. Don't count intermediate Saturdays and Sundays for deadlines less than 10 days.
129A paralegal concerned that two native files are not identical would want to ______.
- Acompare documents produced against client documents collected
- Bd. compare hash values
- Cb. hire a forensic expert
- Dc. retrieve the ESI
130Of the following, would be considered an ex parte communication?
- Aa. Paralegal interview of client regarding case facts without the attorney present
- Bd. Client contacting a fact witness to obtain an Affidavit
- Cb. Attorney and paralegal meeting to identify case strategy and action items without the client present
- Dc. Defendant's attorney obtaining a scheduling order without consulting Plaintiff's attorney
131A critical factor when inputting information into a database is _________.
- Aconsistency in coding so relevant documents can be retrieved quickly.
- Bd. ease and speed of data entry.
- Cc. prioritizing by cause of action.
- Db. flexibility in coding so documents accurately reflect individual characteristics
132Before running a conflicts check, a paralegal would need to know all of the following except __________.
- Aa. names of former clients of the firm.
- Bd. legal issue involved
- Cb. principals and subsidiaries of the firm’s current clients
- Dc. name of the prospective client
133If Attorney A represents two criminal defendants in the same case, which type of potential conflict of interest exists?
- Aa. successive representation
- Bd. There is no conflict until one of the parties complains.
- Cb. vicarious representation
- Dc. concurrent representation
134Attorney A in the firm’s Los Angeles office represents Client A. Attorney B in the firm’s Washington DC office represents Client B in a matter adverse to Client A. Is this a conflict of interest? If so, what term best describes this type of conflict?
- ANo conflict of interest exists.
- Bd. Vicarious conflict
- Cb. Concurrent conflict
- Dc. Successive conflict
135The duty to preserve relevant data begins...
- Aa. when litigation is reasonably anticipated.
- Bd. when the lawsuit is filed.
- Cb. on the trigger date.
- Dc. the day before the lawsuit is filed.
136Your firm files a complaint in which damages exceed $75,000 and the defendants reside in two different states on behalf of a client. Your lawyer asks you to docket the date the answer is due. Which source should be consulted?
- Aa. United States Code Annotated (U.S.C.A.).
- Bd. Federal Rules of Civil Procedure
- Cb. Prosser on Torts
- Dc. Martindale-Hubbell
137The client (driver) struck and severely injured the plaintiff, who was crossing the street. The initial investigation should include all of the following, except __________.
- Aa. locating the accident report and witnesses.
- Bd. scheduling an independent medical examination.
- Cb. arranging for photographs.
- Dc. requesting medical records from the plaintiff.
138Which of the following laws enables paralegals to obtain public information from a government agency?
- Aa. The Public Act of 1965.
- Bd. The Freedom of Information Act.
- Cb. The Privacy Act.
- Dc. U.S. Congressional Act
139A secondary authority which is not the law itself, but is, rather a persuasive presentation by legal scholars of what the law is or should be on a particular topic is ____.
- Aa.
Legal encyclopedia - Bd. C.J.S.
- Cc. Restatement of the law
- Db. Stare decisis
- Aa.
140All of the following are potential sources used in locating the names of potential experts, except _______.
- Aa. textbooks
- Bd. trade associations
- Cb. Federal Register
- Dc. the internet
141The three areas covered by most ethical codes and of particular concern to paralegals are:
- Aa. UPL, legal billing and attorney client privilege
- Bd. Confidentiality, conflict of interest and UPL
- Cc. UPL, conflict of interest and vicarious representations
- Db. Confidentiality, attorney client privilege and work product
142Which of the following refers to the assignment of a specific code or number to a particular document or set of documents for easier tracking?
- Aa. Exhibit numbering
- Bd. Bates stamping
- Cc. Embedding
- Db. Hash tags
143In which of the following scenarios would a paralegal be considered to be giving legal advice?
- Aa. The firm’s client hasn’t paid the bill. After checking with the lawyer, the paralegal tells the client, “The lawyer told me that if you don’t pay your bill in 30 days, legal proceedings will begin.”
- Bd. A client requests information on how to complete a self-help legal form. Since it’s a pro bono case, the paralegal completes the form and sends it back to the client.
- Cc. A client is upset because the trial begins tomorrow and the paralegal advises, “Try not to look so worried when you’re in court. Try to stay calm.”
- Db. A new lawyer asks an experienced family law paralegal what to tell a divorce client about the chances of having sole custody of the children. The paralegal tells the lawyer, “About 70-30 in the client’s favor.”
144A paralegal called to the witness stand and questioned or examined concerning client communications can refuse to answer on what grounds?
- Aa. Conflict of interest
- Bd. Work product doctrine
- Cb. Attorney client privilege
- Dc. Professional judgment
145The 2009 amendments to Fed.R.Civ.P. 16...
- Aa. establishes pre-trial conferences within 160 days of filing of the complaint
- Bd. defines a real party in interest
- Cb. requires early disclosure of witness statements
- Dc. provides for the disclosure of ESI at the pre-trial conference
146A paralegal interviews a prospective client on a personal injury matter in the law firm’s conference room. The prospective client is accompanied by her boyfriend. A secretary is present is assist in notetaking. Ultimately, the attorney decides not to accept the case. Which of the following facts is most likely to cause that conversation not to be privileged?
- Aa. the presence of the secretary
- Bd. the interview being conducted by the paralegal.
- Cc. the attorney declining representation
- Db. the presence of the prospective client’s boyfriend
147The paralegal’s first action following the firm’s acceptance of a new client would most likely consist of...
- Aa. preparing and signing a standard introductory letter that confirms representation and requests that the client forward relevant documents and background information about the case.
- Bd. sending a letter to the client that provides a projected time line, outcome, fee estimates and requests that the client sign and return the letter.
- Cc. preparing a letter for lawyer signature that confirms the terms of the representation and requests that the client sign and return a copy.
- Db. telephoning the client to discuss the engagement terms and the anticipate outcome of the matter, and then document the conversation for the files.
148Which of the following is considered unsecured priority debt in bankruptcy law?
- Aa. car note
- Bd. medical expenses
- Cc. credit card debt
- Db. alimony
149Trademarks identify the ...
- Aa. goods themselves
- Bd. place of manufacture
- Cc. source of the goods
- Db. owner of the goods
150PACE – The Standard for Excellence™: is a ____________.
- Aa. registered trademark
- Bd. certification mark
- Cc. service mark
- Db. unregistered trademark
151____ must be filed on behalf of a corporation in order order to increase the number of authorized shares.
- Aa. Articles of Incorporation
- Bd. Articles of Dissolution
- Cc. Amendments to Bylaws
- Db. Amendments to Articles of Incorporation
152A corporation or partnership seeking bankruptcy is most likely to file ________.
- Aa. Chapter 7
- Bd. Chapter 13
- Cb. Chapter 11
- Dc. Chapter 12
153In order to be complete, a complaint must contain...
- Aa. factual allegations and legal theory that support the cause of action.
- Bd. basis for the cause of action, relief and order
- Cb. caption, statement of jurisdiction, facts that support the cause of action and relief sought.
- Dc. parties, facts and a supporting affidavit
154An example of computer-assisted transcription software is __________.
- Aa. Information America
- Bd. Lexis
- Cb. Summation
- Dc. Westlaw
155An evidence log that includes source, date of acquisition, and storage location is missing. What vital category that could compromise the evidence?
- Aa. Chain of custody
- Bd. Review
- Cb. Relevance at trial
- Dc. Trial exhibit
156A Chapter 7 bankruptcy is generally called ____ while a Chapter 13 bankruptcy is referred to as _____.
- Aa. liquidation, reorganization
- Bd. involuntary, voluntary
- Cb. reorganization, liquidation
- Dc. voluntary, involuntary
157In federal court, a statement that no material facts are in dispute must be made in a motion ...
- Aa. to stay proceedings
- Bd. for summary judgment
- Cb. for change of venue
- Dc. to continue trial date
158When suing a governmental entity, consideration must be given to ________.
- Aa. the venue of the lawsuit
- Bd. the legal capacity of the plaintiff
- Cb. the Doctrine of Sovereign Immunity
- Dc. the Statute of Limitations
159An action between citizens of different states has jurisdiction in federal court due to __________.
- Aa. subject matter jurisdiction
- Bd. legal capacity
- Cb. diversity of citizenship
- Dc. federal question jurisdiction
160One of the defendants in the Jones matter is a potential client. During a conflicts check, the paralegal discovers that another of the defendants in the Jones matter is an opposing party in the Smith matter, which is being handled by the firm. Which of the following statements is most accurate?
- Aa. Firm lawyers working on Smith matter should be screened from knowledge about the Jones matter.
- Bd. There is no conflict of interest; the firm may represent the potential client.
- Cc. There is a conflict of interest because the firm may have obtained client confidences.
- Db. A joint defense relationship in Smith matter is not available because of the firm’s representation in the Jones matter.
161Which of the following are the most important items that should be solicited from a client’s physician who is to be called as an expert witness in the personal injury case?
- Aa. Client’s medical records, copies of transcripts from previous proceedings where the physician has testified, and sample cross-examination questions.
- Bd. Credentials, answers to hypothetical questions about the case and files from client’s previous physician’s questions.
- Cc. Prior deposition testimony from similar cases, client’s medical records and applicable x-rays or test results.
- Db. Curriculum vitae, client’s medical file, and a narrative report of the key medical findings.
162In order to obtain documents from a non party, ______ should be prepared and served:
- Aa. notice of deposition
- Bd. subpoena
- Cc. request for production
- Db. subpoena duces tecum
163The best place to look in order to determine the date of an Original Complaint filed in federal court that is not date stamped is the _________.:
- Aa. Certificate of Service
- Bd. Accompanying Affidavit.
- Cb. Summons
- Dc. Scheduling Order
164A dog owner held liable for bites or injuries inflected by his dog is likely an example of ____.
- AStrict liability
- Bd. an intentional tort
- Cc. contributory negligence
- Db. vicarious liability
165Which of the following is an accurate statement with regard to negligence?
- Aa. Breach of duty is based on what a reasonable person would have done.
- Bd. Even when violation of a statute has occurred, the plaintiff has to produce evidence to prove duty.
- Cc. It is one of four major categories of torts, along with intentional torts, malpractice and strict liability.
- Db. The plaintiff must prove duty, breach of duty, and damages.
166The basis of effective negotiation is...
- Aa. marshalling persuasive facts on behalf of the client.
- Bd. applying sound nonverbal communication skills.
- Cb. making a good judgment on the initial settlement offer.
- Dc. writing a good settlement agreement.
167If Uncle Joe dies without a will, he is said to have died ____.
- Aa. consanguineous
- Bd. intestate
- Cb. per stirpes
- Dc. per capita without representation
168If you are unfamiliar with the area of law to be researched, it is best to first consult _____.
- Aa. Black’s Law Dictionary
- Bd. C.J.S. or Am.Jur
- Cb. mandatory authority
- Dc. Federal Register
169A warranty deed is binding on both the transferor and the transferee when it is...
- Aa. recorded in the county where the property is located.
- Bd. notarized by a notary public residing in the county.
- Cb. executed by the transferor.
- Dc. prepared and issued by the title company.
170A witness statement may be used to...
- Aa. substantiate hearsay testimony
- Bd. impeach the witness at trial
- Cb. substitute for discovery
- Dc. substitute for witness testimony
171A scholarly work focusing on a single topic of the law is called a ___.
- Aa. restatement
- Bd. law review article
- Cb. treatise
- Dc. periodical
172To efficiently locate a federal agency regulation published in June of 2013, it is best to review ____.
- Aa. Statutes at Large
- Bd. Federal Register
- Cc. Am. Jur
- Db. United States Code Annotated
173Presidental Executive Orders may be located in __________.
- Ad. Uniform Commercial Code
- Bc. Martindale-Hubbell
- Cb. Code of Federal Regulations
- Da. United States Code Annotated
174A party that asks the court to compel disclosure of a purported work product must provide substantial need and the _________.
- Ad. legal relevance of the material to its case
- Bc. impossibility of obtaining equivalent material elsewhere
- Cb. likelihood that the requesting party will prevail at trial
- Da. undue hardship of obtaining equivalent material elsewhere
175A temporary restraining order can be granted ___________.
- Ad. lis pendens
- Bc. with Writs of Attachments
- Cb. ex parte
- Da. status quo
176The work product doctrine is referenced in ________ and _________.
- Aa. Hickman v. Taylor; Fed.R.Civ.P.16
- Bb. Gideon v. Wainwright; Fed.R.Civ.P. 8
- Cd. Hickman v. Taylor; Fed.R.Civ.P. 26
- Dc. Plessey v. Ferguson; Fed.R.Civ.P. 38
177Which of the following tasks would constitute the unauthorized practice of law for a paralegal?
- Ad. Briefing a case for the trial notebook
- Bc. Corresponding with the lawyer for the opposition
- Cb. Conducting client interviews
- Da. Accepting assignments directly from the firm’s clients
178According to Federal Rules of Evidence, relevant evidence must be ...
- Aa. of impact to the claim and reliable
- Bd. reliable and understandable.
- Cc. material and must tend to provide or refute a fact of consequence
- Db. of consequence to the determination of the action
179Assume that Mr. Smith represents plaintiff in a personal injury matter and has a contingency fee agreement. Further, his wife Mrs. Smith represents the defendant in the same litigation on an hourly fee basis. Which of the following is most true?
- Ad. There is a potential conflict of interest but since the defendant waives the potential conflict the Smiths can continue to represent their clients.
- Bc. There is a potential conflict of interest but since the plaintiff waives the potential conflict the Smiths can continue to represent their clients.
- Cb. There is no conflict of interest
- Da. There is a conflict of interest since the Smiths have a personal interest in the outcome of the litigation
180A key factor in evaluating evidence to be used at trial is its ______.
- Ad. availability
- Bc. reliability
- Cb. admissibility
- Da. credibility
181The latest regulations of an administrative agency are found in:
- Ad. Statutes at Large
- Bc. Federal Rules of Agency Procedures
- Cb. Code of Agency Rules
- Da. Federal Register
182A treatise is a scholarly work that focuses on ________.
- Ad. a single topic of law
- Bc. treaties involving the United States
- Cb. federal statutes
- Da. multiple topics of law
183A works at B’s factory. A sees a small wrench on the floor, puts it into a pocket and takes it home by accident. B asks about the missing wrench; A remembers that the wrench is at home, but says nothing. This act constitutes which of the following?
- Ad. Diversion
- Bc. Conversion
- Cb. Burglary
- Da. Assault
184Shepard’s Citations provides which of the following information?
- Ad. Reported cases following the case at hand
- Bc. Every reported case that has ever mentioned the case at hand
- Cb. Reported cases questioning or modifying the case at hand
- Da. Cases in a particular jurisdiction
185Paralegals may participate in handling which of the following issues?
- Ad. Settlement management in class action litigation
- Bc. Settlement of jurisdictional issues in multidistrict litigation
- Cb. Settlement of proofs of claim in bankruptcy litigation
- Da. Settlement authority in personal injury litigation
186Which of the following is not part of a contract?
- Ad. Notarization
- Bc. Consideration
- Cb. Acceptance
- Da. Offer
187The best source for locating the proper agent for service of process for a corporate defendant is...
- Ad. IRS
- Bc. Secretary of State
- Cb. District Clerk
- Da. County Clerk
188Which of the following citations refers to a secondary source?
- Ad. State v. Smithson, 718 U.S. 336 (1997).
- Bc. Green v. Green, 719 P.2d. 336 (Kan. 1985);
- Cb. 17 Am.Jur.2d Contracts § 74 (1971);
- Da. U.S. Const. art. III, § 2;
189A document written to persuade an insurance company to resolve a claim is called a/an __________.
- Ad. memorandum to the insurance adjuster
- Bc. demand letter
- Cb. memorandum to opposing counsel.
- Da. opinion letter
190One of the ways in which the United States Supreme Court reviews a matter is to issue a writ of ___________.
- Ad. mandamus
- Bc. certification
- Cb. certiorari
- Da. jurisdiction
191The most widely used and accepted citation style manual is “A Uniform System of Citations”, commonly known as ___________.
- Ad. West Key Cites
- Bc. Blue’s Citation Manual
- Cb. Bluebook
- Da. Shephards’ Citations
192What document should be filed to obtain an order to prevent opposing counsel from repeatedly postponing a deposition?
- Ad. Motion for an order of exclusion
- Bc. Motion for protective order
- Cb. Motion to compel
- Da. Motion to enforce litigant’s rights
193When citing a decision out of the 5th Circuit in Bluebook form, ( ) contains:
Select one:- Ad. the circuit court and the year.
- Bc. the month, day and year;
- Cb. the district court and the year;
- Da. the year;
194If adverse authority is encountered while preparing an appellate brief, a paralegal should...
- Ad. cite it, but present only facts that support the case.
- Bc. omit it if another court has criticized it.
- Cb. cite it and distinguish it from the case
- Da. omit it if the case is more than five years old.
195In what situation would a limited partner be held liable as a general partner?
- Ad. If the limited partner is also an employee of the partnership
- Bc. If the partnership’s assets are not sufficient to satisfy a claim
- Cb. If the general partner(s) become insolvent
- Da. If the limited partner becomes involved in the day-to-day management of the partnership
196Shares of stock in a corporation may not be issued until...
- Ad. the officers have been elected.
- Bc. the end of the corporation’s fiscal year has been determined.
- Cb. expenses of incorporation have been duly paid.
- Da. the board of directors has authorized such action.
197One of the most important tasks for a paralegal during voir dire is to...
- Ad. prepare subpoenas
- Bc. interview and poll jurors
- Cb. remain at the office to take phone calls.
- Da. observe and take notes.
198Which of the following must be served on a governmental entity before a complaint can be filed in a state or federal action against that entity?
- Ad. Public doctrine
- Bc. Proof of service
- Cb. Notice of claim
- Da. Notice for discovery
Información
- Descripción
- National Certification Paralegal Competency Exam Test sobre PACE Practice, creado por Rachel McFadden el 05/04/2016.
- Autor
- Rachel McFadden
- Idioma
- English
- Visitas
- 22
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- Valoración
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