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

Choose one answer.

	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.

Question 2

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

Choose one answer.

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

Question 3

A lawyer cannot represent a client if:

Choose one answer.

	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

Question 4

A legally enforceable promise is known as a:

Choose one answer.

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

Question 5

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

Choose one answer.

	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.

Question 6

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):

Choose one answer.

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

Question 7

A __________________________ usually conducts the initial client interview.

Choose one answer.

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

Question 8

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

Choose one answer.

	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

Question 9

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

Choose one answer.

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

Question 10

According to the ABA definition, a paralegal:

Choose one answer.

	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.

Question 11

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

Choose one answer.

	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.

Question 12

An appellate court's main duty is to:

Choose one answer.

	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.

Question 13

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

Choose one answer.

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

Question 14

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

Choose one answer.

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

Question 15

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

Choose one answer.

	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.

Question 16

Designing an effective and efficient investigation plan begins with:

Choose one answer.

	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

Question 17

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

Choose one answer.

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

Question 18

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

Choose one answer.

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

Question 19

Every federal court is a court of:

Choose one answer.

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

Question 20

Federal courts have _________________ jurisdiction over bankruptcy cases.

Choose one answer.

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

Question 21

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

Choose one answer.

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

Question 22

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

Choose one answer.

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

Question 23

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.

Choose one answer.

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

Question 24

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

Choose one answer.

	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.

Question 25

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

Choose one answer.

	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.

Question 26

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

Choose one answer.

	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.

Question 27

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

Choose one answer.

	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.

Question 28

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

Choose one answer.

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

Question 29

In the state of New York, paralegals:

Choose one answer.

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

Question 30

Law firms are expected to hire more paralegals because:

Choose one answer.

	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.

Question 31

Laws resulting from legislative enactment are categorized as:

Choose one answer.

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

Question 32

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

Choose one answer.

	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.

Question 33

Most states use _______________________ to regulate the conduct of attorneys.

Choose one answer.

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

Question 34

Opponents of mandatory licensure for paralegals argue:

Choose one answer.

	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

Question 35

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

Choose one answer.

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

Question 36

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

Choose one answer.

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

Question 37

The initial interview with an expert witness is essentially:

Choose one answer.

	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.

Question 38

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

Choose one answer.

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

Question 39

The purpose of legal citation is to:

Choose one answer.

	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

Question 40

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.

Choose one answer.

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

Question 41

The results of an investigation:

Choose one answer.

	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.

Question 42

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.

Choose one answer.

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

Question 43

The word "paralegal" can be used interchangeably with the term

Choose one answer.

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

Question 44

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

Choose one answer.

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

Question 45

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

Choose one answer.

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

Question 46

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?

Choose one answer.

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

Question 47

Venue refers to:

Choose one answer.

	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.

Question 48

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

Choose one answer.

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

Question 49

When working as a paralegal, you:

Choose one answer.

	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.

Question 50

Which of the following is a category of tort law?

Choose one answer.

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

Question 51

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

Choose one answer.

	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.

Question 52

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

Choose one answer.

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

Question 53

____________________ 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.

Choose one answer.

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

Question 54

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

Choose one answer.

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

Question 55

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

Choose one answer.

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

Question 56

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

Choose one answer.

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

Question 57

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

Choose one answer.

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

Question 58

___________________________, 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.

Choose one answer.

	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"

Question 59

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

Choose one answer.

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

Question 60

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

Choose one answer.

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