CP Practice Test

Question 1

Missouri v. Jenkins, a 1989 landmark case involved:

Answer 1

Missouri v. Jenkins involved the recoverability of paralegal fees under section 1988 of the Civil Rights Attorney’s Fee Awards Act of 1976.

Question 2

Under the Fourth Amendment, all searches and/or arrests must have:

Answer 2

Probable cause

Question 3

Which Constitutional principle mandates that a person cannot be deprived of liberty or property without being provided proper notice and a fair hearing?

Answer 3

Due process

Question 4

What is equal protection?

Answer 4

Equal protection protects against discrimination based on certain protected classes of people.

Question 5

What is strict scrutiny?

Answer 5

Strict scrutiny is a standard of review courts use to review cases based on Due Process or Equal Protection.

Question 6

What is Federalism?

Answer 6

Federalism is the concept of distribution of powers between state and federal systems.

Question 7

What is the name given to crimes which require no specific intent?

Answer 7

General intent crimes

Question 8

What’s a general intent crime?

Answer 8

General intent requires the state to only prove that a defendant meant to do an act prohibited by law and not that a specific intent to cause a particular result existed when committing an act.

Question 9

In civil litigation, what is the basic premise of a Rule 12 motion?

Answer 9

Rule 12 is a defensive tool that comes into play when a complaint’s allegations do not give rise to any judicial relief. In that instance, even if the allegations are true, the defendant is entitled to dismissal on purely legal grounds (such as if the statute of limitations has expired, for example.

Question 10

A lawyer can be sanctioned by their State Bar for:

Answer 10

A paralegal must always be properly supervised by a lawyer.

Question 11

What’s an A/B estate plan using the bypass trust?

Answer 11

In an “A/B” estate plan, the bypass trust is designed to hold the amount which the first spouse to die can shelter estate tax [Trust B/family trust/credit shelter trust]. This trust is slated to eventually pass to his or her descendants free of estate tax, often multigenerational. The otherwise nonshelterable amount receives the marital deduction by leaving it to the surviving spouse in a marital trust [Trust A].

Question 12

This federal rule of civil procedure the affirmative defenses to a pleading:

Answer 12

FRCP 8(c) lists the affirmative defenses that may be asserted. In responding to a pleading, a party shall set forth affirmatively; according and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defenses.

Question 13

If a statute of limitations has “tolled,” it means that the statute of limitations:

Answer 13

Has been temporarily suspended

[The statute of limitations may be tolled by a defendant’s lack of majority, imprisonment or insanity. The tolling of the statute of limitations stops the running of the time period for filing suit until the defendant is no longer under the incapacity.]

Question 14

What is the name given to a corporation that is registered to do business in a state other than the one in which it was originally incorporated?

Answer 14

Foreign corporation

Question 15

What is a foreign corporation?

Answer 15

A foreign corporation is one operating in a state other than the one in which it was originally incorporated.

Question 16

What is a domestic corporation?

Answer 16

A domestic corporation is one incorporated and operating in its state of incorporation.

Question 17

What is a subsidiary corporation?

Answer 17

A subsidiary corporation is one that is owned and operated by a parent corporation.

Question 18

What is a subchapter S corporation?

Answer 18

A subchapter S corporation is one that has elected pass-through taxation by registering with the IRS.

Question 19

When forming a corporation, the following items will be required in the charter document (i.e. Articles of Incorporation or Certificate of Incorporation) except for:

Answer 19

Number of issued shares

Question 20

An affirmative defense is a fact or set of facts other than those alleged by the plaintiff which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant’s otherwise unlawful conduct. Which of the following is not an affirmative defense?

Answer 20

Respondeat superior

Question 21

Respondeat superior

Answer 21

Doctrine of vicarious liability (usually applied to an employer for the negligence of an employee)

Question 22

Which of the following is an affirmative defense under Federal Rule of Civil Procedure No. 8(c):

Answer 22

Estoppel

Question 23

Amicus curiae

Answer 23

Latin term for “friend” of the court

Question 24

Precedent

Answer 24

Court decision in an earlier case with a similar legal and factual issues.

Question 25

Lis pendens

Answer 25

Is a notice of legal action

Question 26

A trustee has certain duties to perform in order to carry out the wishes of the trustor. A trustee may perform the following duties except:

Answer 26

Delegate the performance of trust duties

Question 27

Which type of law is created by legislatures?

Answer 27

Statutes

Question 28

How many Canons are there in NALA’s Code of Ethics and Professional Responsibility?

Answer 28

10

Question 29

Triple net lease

Answer 29

The tenant pays its pro-rata share of the three “nets” (property taxes, insurance, and common area maintenance), in addition to base rent.

Question 30

Single net lease

Answer 30

Similar to triple net lease but only charges the tenant for its pro- rata share of one of the “nets.”

Question 31

Gross lease

Answer 31

(Also known as a full service lease), rent is all-inclusive.

Question 32

Modified net lease

Answer 32

(Also known as a modified gross lease) is similar to a gross lease in that the rent is paid in a lump sum, which can include any one or more of all of the “nets,” but utilities and janitorial services for the premises are typically excluded from the rent and paid directly by the tenant.

Question 33

Simple negligence

Answer 33

Breaching a duty and causing harm (damages)

Question 34

What event triggers the addition of 3 days to the service time for responding to a pleading?

Answer 34

The party was served by Federal Express, UPS or U.S. mail.

Question 35

Duty of care

Answer 35

The obligation people owe to each other not to cause any unreasonable harm or risk of harm.

Question 36

Those states that have adopted comparative negligence statutes have:

Answer 36

Removed “assumption of the risk” as a separate defense

Question 37

Upon the death of a beneficiary, a Qualified Subchapter Shareholders Trust (QSST) may provide that, upon the death of the income beneficiary:

Answer 37

The principle will pass to other beneficiaries

Question 38

In a civil lawsuit, what role does the jury play?

Answer 38

The jury determines what the facts are

Question 39

For federal tax purposes, the default tax classification of a limited liability company that has 3 members is:

Answer 39

Partnership

Question 40

Criminal offenses that are malum prohibitum are:

Answer 40

Criminal due to legislative declaration

Question 41

Some challenges to a will can be categorized as:

Answer 41

Capacity, forgery, fraud, undue influence

Question 42

Which type of paralegal runs the biggest risk in being accused of the unauthorized practice of law?

Answer 42

Independent paralegal

Question 43

A legal professional’s duty of confidentiality ends:

Answer 43

Upon the legal professional’s death

Question 44

Circumstantial evidence

Answer 44

Are facts that suggest a conclusion about an event

Question 45

A right of the landlord under a lease of real property

Answer 45

Condition of premises

Question 46

In the tort of “informed consent” the doctor has a duty to disclose relevant medical information to the patient regarding his or her treatment, however there is no duty of disclosure when:

Answer 46

It is an emergency situation and patient is unconscious

Question 47

Grounds for relieve from the automatic stay include:

Answer 47

A lack of equity in the property

Question 48

According to the Federal Rules of Civil Procedure, which pleadings are allowed?

Answer 48

Complaint, Answer to Complaint, Answer to a Counterclaim

Question 49

Non-economic damages (also known as general damages) are those losses that are usually subjective to the plaintiff and difficult to quantify as a specific dollar amount. Which of the following would be considered non-economic damages?

Answer 49

Pain and suffering, loss of consortium, mental anguish

Question 50

In the American legal system, the law is classified into the following categories:

Answer 50

Civil and criminal

Question 51

Criminal law

Answer 51

Establishes the minimum requirements for penal standards that are imposed for violation of the minimum

Question 52

Civil law

Answer 52

Covers the rights and duties of citizens that are not covered by criminal law.

Question 53

Contributory negligence

Answer 53

Absolute defense to a plaintiff’s law suit, even if the plaintiff’s contributory negligence was only a slight cause of his or her injuries.

Question 54

Liability that does not depend on actual negligence or intent to harm:

Answer 54

Strict liability

Question 55

Excess liability

Answer 55

Is for an insurance policy issued to provide limits in excess of an underlying liability policy.

Question 56

Joint and several liability

Answer 56

Is where a plaintiff may recover all the damages from any of the defendants regardless of their individual share of the liability

Question 57

Vicarious liability

Answer 57

Refers to a situation where someone is held responsible for the actions or omissions of another person.