A comprehensive brief of a case includes all of the following EXCEPT:

	a. title and citation of the case.
	b. the facts of the case.
	c. an analysis of the facts and law in the case.
	d. an opinion of how the case should have been decided.

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A crime for which the maximum punishment may be death or imprisonment for one year or more is called:

	a. malum in se.
	b. a misdemeanor.
	c. a felony.
	d. a capital crime.

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A lawyer cannot represent a client if:

	a. the representation of one client will be directly adverse to another client.
	b. representing one or more clients will be seriously limited by the lawyer’s responsibilities to another client.
	c. the client is a friend of the lawyer.
	d. Both A and B

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A legally enforceable promise is known as a:

	a. tort.
	b. contract.
	c. gift.
	d. will.

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A paralegal’s role in the initial client interview is important because the paralegal:

	a. can determine which information is important to the supervising lawyer.
	b. conducts the interview from beginning to end.
	c. determines what information is necessary to get from the interview.
	d. must oversee the client interview process.

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A typical assignment for a paralegal is to draft a request identifying the documents to be inspected and copied. This task is referred to as a(n):

	a. demand for documents.
	b. deposition.
	c. interrogatory.
	d. request for admission.

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A __________________________ usually conducts the initial client interview.

	a. supervising attorney
	b. paralegal
	c. legal assistant
	d. legal secretary

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According to Patrick Scott, federalism is primarily about the relationship:

	a. among the branches of the federal government.
	b. between the national government and the states.
	c. between state courts and federal courts.
	d. Both A and B

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According to Patrick Scott, the United States’ Civil War was primarily a conflict about:

	a. the powers of the state and national governments.
	b. slavery.
	c. territory.
	d. the power of the U.S. Supreme Court.

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According to the ABA definition, a paralegal:

	a. must receive specialized education to qualify.
	b. must have work experience in order to qualify.
	c. must receive specialized training to qualify.
	d. may qualify through education, training, or experience.

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According to the Florida Rule of Professional Conduct, a lawyer generally shall not reveal information relating to representation of a client unless:

	a. the lawyer believes it is in the best interest of the client.
	b. the client gives his or her consent.
	c. an opposing party requests the information.
	d. the lawyer is deposed.

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An appellate court’s main duty is to:

	a. take witness testimony.
	b. review the facts of a case.
	c. review the record of a case to determine legal errors.
	d. accept evidence in a case.

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As a starting point in investigations, a paralegal may participate in the creation of:

	a. an investigation plan.
	b. interrogatories.
	c. motions.
	d. depositions.

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As part of his or her duties, a paralegal may:

	a. take depositions.
	b. interview clients and witnesses.
	c. represent clients in court.
	d. sign pleadings.

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Currently, in order to perform the duties of a paralegal, you:

	a. are not required to be licensed as lawyers are.
	b. must be licensed in order to practice.
	c. are subject to an intensive regulatory scheme.
	d. must have a minimum of a bachelor’s degree.

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Designing an effective and efficient investigation plan begins with:

	a. talking to witnesses by telephone, through e-mail, and by conducting an online survey.
	b. conducting in-person interviews, gathering evidence, and reviewing documents.
	c. preparing a series of questions that must be answered to achieve the goals of the investigation.
	d. None of these answers

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Employment of paralegals and legal assistants is projected to grow _________________ from 2012 to 2022.

	a. 50%
	b. 20%
	c. 17%
	d. 7%

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Employment of paralegals and legal assistants is projected to grow ______________________ the average for all occupations.

	a. faster than
	b. slower than
	c. the same as
	d. None of these answers

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Every federal court is a court of:

	a. general jurisdiction.
	b. limited jurisdiction.
	c. both general and limited jurisdiction.
	d. appellate jurisdiction.

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Federal courts have _________________ jurisdiction over bankruptcy cases.

	a. no
	b. concurrent jurisdiction
	c. exclusive jurisdiction
	d. shared

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If you are pursuing an informal investigation, methods of investigation you could use include investigation:

	a. through correspondence.
	b. by computer.
	c. by deposition.
	d. Both A and B

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If you want to research a particular subject, such as capital punishment, a good way to start is by using the:

	a. descriptive word method.
	b. case method.
	c. words and phrases method.
	d. topic method.

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In a brief, the _______________________ is the chain of argument which led the judges in either the majority or minority to decide the way they did.

	a. analysis
	b. decision
	c. reasoning
	d. issue

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In a criminal case, among the elements the prosecutor must prove is mens rea, which means:

	a. a guilty act constituted by a physical act or unlawful omission by the defendant.
	b. proximate cause which results in harm.
	c. a harmful result caused both factually and proximately by a defendant’s act.
	d. a guilty mind constituted by the state of mind or intent of the defendant.

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In civil litigation, discovery is self-executing, which means:

	a. the parties implement discovery procedures on their own with little intervention from the court.
	b. the court must issue an order requiring the other party to respond to discovery requests.
	c. it is up to the party to whom a discovery request is made whether it will respond.
	d. if problems arise in the discovery process that the parties cannot resolve, the court will not get involved.

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In regard to the exercise of jurisdiction over an out-of-state defendant, a forum state’s court:

	a. must be satisfied that the defendant has had minimum contacts with the forum state.
	b. has unlimited authority to exercise personal jurisdiction over the out-of-state defendant.
	c. has no jurisdiction over the out-of-state defendant unless he or she consents to jurisdiction.
	d. must demonstrate that the defendant had involuntary contact with the forum state in order to exercise jurisdiction.

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In the citation “Brown v. Board of Education, 347 U.S. 483 (1952),” “U.S.” means the case:

	a. is reported in the “United States Reports” series of reporters.
	b. originated in a United States District Court.
	c. is reported in the “U.S. Supreme Court Reports” series of reporters.
	d. is reported in the “Lawyers Edition, U.S. Supreme Court Reports” series of reporters.

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In the federal system, the __________________________ is the trial court.

	a. Supreme Court
	b. District Court
	c. Circuit Court
	d. Small Claims Court

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In the state of New York, paralegals:

	a. must have a bachelor’s degree.
	b. must pass a competency test.
	c. are unregulated.
	d. are required to become licensed.

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Law firms are expected to hire more paralegals because:

	a. paralegals can do anything a lawyer can.
	b. the firms want to increase efficiency while lowering costs.
	c. paralegals are not subject to ethics rules.
	d. paralegals are able to work without supervision.

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Laws resulting from legislative enactment are categorized as:

	a. statutory law.
	b. common law.
	c. regulations.
	d. customs.

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Money that must be placed in a client trust account includes:

	a. money the client pays in legal fees.
	b. money the client pays for court fees.
	c. money belonging to a client, such as insurance payments.
	d. money payable to lawyers and paralegals as salary.

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Most states use _______________________ to regulate the conduct of attorneys.

	a. the Model Code of Professional Responsibility
	b. approaches unique to their state
	c. the Model Rules of Professional Conduct
	d. statutes

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Opponents of mandatory licensure for paralegals argue:

	a. that paralegals are not an important part of the legal profession.
	b. laws governing unauthorized practice of law are sufficient to regulate paralegal activities.
	c. paralegals should be able to engage in the practice of law without a license.
	d. None of these answers

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Paralegals may be called on to research primary authority, such as:

	a. legal encyclopedias.
	b. law review articles.
	c. court decisions.
	d. American Jurisprudence 2d.

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Product liability is a concept in tort law that is generally considered to be:

	a. an intentional tort.
	b. a strict liability tort.
	c. negligence.
	d. breach of contract.

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The initial interview with an expert witness is essentially:

	a. a cross-examination of the witness.
	b. a job interview.
	c. an exploration of the facts upon which the expert bases his/her opinion.
	d. an examination of the expert’s assumptions.

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The jurisdiction of the Supreme Court of the United States is:

	a. both mandatory and discretionary.
	b. neither mandatory nor discretionary.
	c. mandatory.
	d. discretionary.

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The purpose of legal citation is to:

	a. make it easy for lay readers to locate and use legal resources for any legal issues they need to address.
	b. provide as much information and detail as possible about a referenced work.
	c. provide brief, effective, and precise information to professionals who read legal documents.
	d. None of these answers

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The purposes of _________________________ proceedings are to determine the validity of a will, to collect and preserve the assets of the decedent, to pay from the estate all expenses and outstanding debts of the decedent, and to distribute the remaining assets to those who are entitled to receive them.

	a. escheat
	b. intestacy
	c. probate
	d. incapacity

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The results of an investigation:

	a. must be made available to opposing counsel.
	b. are protected by the ethical duty of confidentiality.
	c. may be discussed with people not involved with the case.
	d. must be disclosed to opposing parties.

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The Westlaw Digest System easily facilitates the discovery of cases and secondary sources published by West because it employs a universal system of ___________________ for all jurisdictions covered by West.

	a. topics and key numbers
	b. terms and connectors
	c. legal issues and queries
	d. subjects and sub-topics

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The word “paralegal” can be used interchangeably with the term

	a. “legal assistant.”
	b. “legal secretary."
	c. “lawyer.”
	d. All of these answers

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The ___________________________ website has an easy-to-navigate free U.S. Supreme Court and Appellate Court search page.

	a. Legal Information Institute (LII)
	b. Justia
	c. United States Government Printing Office
	d. NOLO Press Legal Encyclopedia

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The _______________________________ plays an important role by interpreting the Constitution and outlining the powers of the executive and legislative branches.

	a. military
	b. Congress
	c. president
	d. judiciary

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Under state laws prohibiting the unauthorized practice of law, which of the tasks below can paralegals perform as long as his or her work is properly supervised by a licensed attorney, the supervising attorney maintains a direct relationship with the client, and the supervising attorney assumes full professional responsibility for the work product?

	a. Accept a legal case
	b. Give direct legal advice to clients
	c. Negotiate on behalf of clients
	d. Interview witnesses

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Venue refers to:

	a. a court’s authority to decide all types of cases.
	b. the geographic location in which a trial should occur.
	c. allowing additional claims and parties to be added to a pending federal case.
	d. a court’s authority to reach a decision affecting a particular person or entity.

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When researching federal statutes, you locate a record of the public and permanent laws of the United States by consulting:

	a. United States Statutes at Large.
	b. United States Code.
	c. United States Code Congressional and Administrative News.
	d. United States Code Service Advance.

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When working as a paralegal, you:

	a. are solely responsible for your work product.
	b. perform legal work for which a lawyer is responsible.
	c. may initiate legal work on your own.
	d. perform work delegated by supervising paralegals.

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Which of the following is a category of tort law?

	a. Intentional torts
	b. Negligence
	c. Strict liability
	d. All of these answers

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Which of the following statements best describes the Paralegal Advanced Competency Exam?

	a. The exam was developed as a measure to gauge the competency level of experienced paralegals.
	b. The exam is a requirement to practice as a paralegal in all fifty states.
	c. The exam is a requirement to practice as a paralegal in most states.
	d. The exam does not test for ethics.

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Which of the following statements best describes the Restatement (Second) of Contracts?

	a. It is authoritative.
	b. It is often consulted by judges for guidance.
	c. It contains actual judicial precedents.
	d. None of these answers

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____________________ is the process judges use when they analyze prior cases in order to determine whether precedents have been set in relation to the facts of a case they are currently working on.

	a. Customary law
	b. Statutory analysis
	c. Stare decisis
	d. Codification

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______________________ is a concept in property law that refers to the right to exclude others.

	a. Ownership
	b. Intangible property
	c. Torts
	d. Tangible property

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______________________ is a source that is organized by topic and includes very short summaries of points of law found in a case.

	a. A digest
	b. LexisNexis
	c. Westlaw
	d. A law review

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________________________ is a system where all the legal rules are in one or more comprehensive code of legislative enactments.

	a. The American Code
	b. The English Code
	c. Common law
	d. Civil law

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__________________________ is the process of recording, tracking, and organizing deadlines for several clients and client matters.

	a. E-filing
	b. Discovery
	c. Docket control
	d. Document management

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___________________________, a citation manual created by the editors of four law journals, governs the citation practices of the majority of U.S. student-edited law journals and has shaped the citation education and citation habits of most U.S. lawyers.

	a. “The University of Chicago Manual of Legal Citation”
	b. The “ALWD Citation Manual: A Professional System of Citation”
	c. West’s “National Reporter System”
	d. “The Bluebook”

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____________________________ was/were created by judges as a guide to deciding cases.

	a. Statutory law
	b. Regulations
	c. Common law
	d. Uniform laws

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The constitutional principle of ____________________________ requires that each branch of the federal government play its own role in governing the people.

	a. federalism
	b. an independent judiciary
	c. separation of powers
	d. a bicameral legislature

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