Paralegal Practice Test

T/F: When a client pays a retainer, that money is held in the client trust account until the office has earned a fee.

True

This part of a document will be the same with every paper filed with the court, no matter who files it:

Caption

T/F: A property owner has the right to control not only the building on their property, but the air above it.

True

In which of the following offices will you not have to manage billing and billable hours?

All of these

A business owned by 2 or more persons, that provide little if any protection for the owner against lawsuits, is called:

A.) A Partnership

B.) An LLC

C.) A professional Corporation

D.) A Sole Proprietorship

A Partnership

Identify the 3 basic components of a valid contract:

A.) Agreement, Breach, Damages

B.) Offer, Complaint, Appeal

C.) Offer, Counteroffer, Acceptance

D.)Offer, Acceptance, Consideration

A deed must be recorded by sending a copy of it where?

The County Land Records Office

T/F: The minute a debtor files a bankruptcy petition, the people they owe can no longer contact them about paying their bills.

True

The courts will determine the outcome of a child custody case based on what standard?

The Best Interests of the Child

T/F: The difference between Criminal Law and Criminal Procedure is that Criminal Law refers to the actual acts and behaviors that create a crime, whereas Criminal Procedure refers to the way in which law enforcement is permitted to deal with the people that commit these acts and behaviors.

True

T/F: Negligence can be defined as the failure to behave with the level of care that a reasonable person would have in the same situation.

True

T/F: Only the attorneys in the office need to be current with the rules of the court.

False

Crimes tend to be classified as one of three types: infraction, felony, and:

Misdemeanor

Which of the following is a liquidation type of bankruptcy?

Chapter 7

T/F: Physical custody and legal custody are the same thing.

False

As it relates to levels of Mens Rea, which of the following words describes the mental state where a person knows and understands that their behavior is likely to have a harmful impact on someone else, but throws caution to the wind and does it anyway?

Reckless

A person can consider themselves to be ‘in custody ‘ of police when:

They are not free to leave.

T/F: The primary source for legal reference include case law, statutes, and codes.

True

Where money is insufficient to fix a contract breach, a court may require what type of remedy, which will require the other party to do exactly as they promised under the contract?

Specific Performance

T/F: If working for a small law firm, it’s possible that you will be invited to assist the attorney in court.

True

T/F: Each member of a partnership has the authority to create debt that the other partners will be held responsible for.

True

T/F: Sole Practitioners are lawyers who work independently within a law office that they both own and manage.

True

There is a type of crime that doesn’t require a ‘guilty mind’. What is it called?

Strict Liability

The name of the court in most jurisdictions that handles estates and wills is called:

Probate Court

T/F: All time must be accounted for during your work day.

True

T/F: Mail is a pretty insignificant part of the job. I don’t have to pay too much attention to what’s sent via snail mail. Emails and phone calls are much more important.

False

This lesson discussed which three Constitutional Amendments related to criminal procedure?

4th, 5th, and 6th

T/F: You will conduct all of your legal research in the law library in your office.

False

T/F: Recording property records is a good idea, but doesn’t really have any impact on the property or property owners.

False

T/F: Certification is required to be a Legal Secretary.

False

There are how many separate criminal codes in the U.S.?

52

T/F: If two parents live in different states, they are unable to settle a custody dispute until one of the parents moves into the other parent’s state.

False

The term for a person who writes a will is called:

After the petition is filed, the debtor must go to court for a hearing before the trustee. Your office will get notice of this meeting from the court which must be calendared for the attorney to appear. What is this meeting commonly referred to as?

The ‘341’ meeting

T/F: It is possible for a bride to sue fiancé if he breaks off the engagement.

True

What authority determines whether a couple is qualified to get married?

The State

T/F: Certification is required to be a Paralegal.

False

Presuming that a contract contains the elements of offer, acceptance, and consideration, a valid contract should also include which of the following?

Identify some of the paperwork you may be asked to process if you work for an office that forms new corporations

All

T/F: A legal secretary is no different from any secretary pr executive assistance in any other kind of office.

False

T/F: All Motions must be made in writing and presented to the clerk of courts office for processing.

False

Which of the following should not be a tab label for litigation files?

The two main types of divorces are:

Fault divorce or No Fault divorce

Which of the following would be an example of a strict liability case?

T/F: All valid contracts must be written.

False

T/F: A motion is an exercise that takes place during a trial where the jury is moved to a crime scene to review evidence in person.

False

The standard reference manual for legal citation is called:

Blue Book

This legal concept is sometimes commonly referred to as ‘Squatter’s Rights’:

T/F: File management is important because documentation must be readily accessible by all members of the office who need it.

True

T/F: The term ‘statute of limitations’ refers to the time a person has to file a lawsuit before the claim expires.

True

The 2 main elements of any crime are:

Guilty act & guilty mind

T/F: A trust is a financial instrument that is used to hold title to property (could be money or other property) for the benefit of another person.

True

T/F: Punitive damages refers to the ability of a Defendant to decide how much a Plaintiff should be punished for filing a frivolous lawsuit.

False

The standard of proof in a criminal case is:

Beyond a reasonable doubt

T/F: Your behavior will have a direct impact on the success of the attorneys for whom you work.

True

T/F: If a legal secretary works in a consumer bankruptcy office, he may spend a lot of time working on petitions.

True

T/F: Litigation files are maintained either manually or eletronically.

True

T/F: Docketing and calendaring are one of the most important parts of a legal secretary’s job.

True

T/F: A real estate law office may be involved in title searches for properties being transferred.

True

T/F: A court has correct jurisdiction when it has the authority or right to hear a particular case.

True

Ultimately, the debtor in a bankruptcy case wants to get to the end of the case where the court will issue a _________. This is basically an order from the court that frees the debtor from the debts and says that the creditors can never again ask them to pay.

Legal secretaries in this state will likely spend a lot of time dealing with corporate matters, because of this state’s specialized courts and attractive rules for businesses:

T/F: Sole proprietors must create a Partnership Agreement and Articles of Incorporation before they can begin operating their business.

False

Name the 3 ways in which attorneys typically generate income:

Hourly, Contingency, Flat Fee

T/F: General damages are the compensation for an actual damage that results when someone has breached their obligation under a contract.

True