Paralegal Civil Service Exam Study Guide

ex post facto

From within after the fact, interpreted as after the act is done or after the fact.

Bona fide

Good faith, meaning an object is genuine or real, or a person acts sincerely, or business is conducted in an honest manner.

Circa

Round, interpreted as about the time or approximately thearea, as in: The original painting was made circa 1900 but the fake dates to 1970. It can also mean concerning.

ex parte

Out of party or faction, interpreted as on behalf of only one party in a dispute, or without notice to the other party, or without a hearing.

ex delicto

Out of transgression, meaning something occurred as the result of awrongful act, which is a tort.

cestui

Person who benefits, as in the beneficiary of a will or insurance claim.

ad damnum

To pen the loss; in a civil action, the clause in the petition where the plaintiff outlines the damages he or she suffered and claims the amount of money he or she seeks as reparation.

ad hoc

To this, meaning for a special reason only and not for general use. For example, an ad hoccommittee is convened to consider one unusual case or for one emergency purpose, and will disband when the case or emergency is over.

What is the term for the unethical practice of an attorney or paralegal representing conflicting interests without the informed consent of the clients? a) Conflict of interest b) Attorney-client privilege c) Zealous advocacy d) Pro bono representation

a) Conflict of interest

Which stage of a civil lawsuit involves the exchange of information and evidence between the parties to the case? a) Pre-trial b) Trial c) Appellate d) Post-trial

a) Pre-trial

During an employment interview for a paralegal position, what is an acceptable reason for asking about a candidate's legal background? a) To inquire about any previous arrests or convictions b) To assess the candidate's knowledge of specific case law c) To confirm the candidate's ability to pass the bar exam d) To evaluate the candidate's understanding of legal ethics

a) To inquire about any previous arrests or convictions

During an interview with a client, a paralegal should clarify the client's objectives and expectations for the case. This helps to: a) Increase the billable hours b) Align the client's goals with the attorney's strategy c) Persuade the client to drop the case d) Avoid any further communication with the client

b) Align the client's goals with the attorney's strategy

What is the term for a written legal document that requests a court to take a specific action or provide a specific remedy? a) Affidavit b) Complaint c) Subpoena d) Deposition

b) Complaint

During an interview with a client, what should a paralegal do if the client begins discussing sensitive or confidential information unrelated to the case? a) Politely interrupt and change the topic b) Inform the client that such information cannot be discussed c) Take detailed notes of the conversation d) Record the conversation without the client's knowledge

b) Inform the client that such information cannot be discussed

When conducting an initial client interview, what is the primary goal for a paralegal? a) To offer legal advice b) To establish an attorney-client relationship c) To collect a retainer fee d) To make a judgment about the case

b) To establish an attorney-client relationship

In the context of interviewing witnesses, what is the primary purpose of open-ended questions? a) To elicit short, specific answers b) To gather information in a narrative format c) To prompt "yes" or "no" responses d) To cross-examine the witness

b) To gather information in a narrative format

During a trial, what is the process of questioning witnesses to obtain information and evidence called? a) Cross-examination b) Direct examination c) Jury selection d) Opening statements

b.) Direct Examination

In a civil case, which party brings a lawsuit against another party? a) Defendant b) Plaintiff c) Appellant d) Respondent

b.) Plaintiff

When interviewing a potential witness in a criminal case, what should a paralegal be particularly aware of? a) Avoid discussing the witness's rights b) Document the interview without the witness's consent c) Ensure the witness is not intimidated or coerced d) Discuss potential attorney fees with the witness

c) Ensure the witness is not intimidated or coerced

Which of the following is not typically a primary source of law? a) Statutes b) Regulations c) Legal textbooks d) Case law

c) Legal textbooks

In a civil case, what is the burden of proof that the plaintiff must meet to win their case? a) Beyond a reasonable doubt b) Clear and convincing evidence c) Preponderance of the evidence d) Probable cause

c) Preponderance of the evidence

When conducting legal research, what is the purpose of using a legal citator like Shepard's Citations or KeyCite? a) To find the most recent versions of legal statutes b) To locate legal textbooks for reference c) To check the history and validity of case law or statutes d) To search for secondary sources of law

c) To check the history and validity of case law or statutes

Which ethical principle requires attorneys and paralegals to keep their clients' information confidential? a) Duty of loyalty b) Duty of competence c) Duty of candor d) Duty of confidentiality

d) Duty of confidentiality

What is the purpose of conducting a background check on potential clients? a) To verify their immigration status b) To assess their criminal history c) To confirm their financial stability d) To identify any conflicts of interest

d) To identify any conflicts of interest

When is a search warrant typically required for a law enforcement officer to conduct a search of a person's property? a) Always b) Only when the person is a suspect c) Only when the person consents d) When there is probable cause to believe evidence of a crime is present

d) When there is probable cause to believe evidence of a crime is present

Deforest

To destroy trees, used when referring to logging operations, disease or insect attacks, climate change, or fires, as in: Global warming deforested millions of acres

de facto

About fact, interpreted as an actuality, as a matter of fact, or as a matter of law.

adversus

Against, abbreviated ADV. It refers to two parties that are opposing each other in a dispute.

inter alia

Among other things, abbreviated IA.Note that this is not the same asinter alios, which means among other persons. Inter alia refers to something that occurred in addition to something else.

prima facie

At first sight, meaning apparently or superficially. Prima facieevidence is obvious and indisputable. No proof that the evidence exists is required.

corpus delicti

Body of the crime,a legal principle meaning the defendant cannot be convicted on the basis of his or her confession alone. The prosecutor must produce objective evidence that there was actually a crime committed.

corpus

Body. A collection of laws or writings; principal as opposed to interest or income; a human or animal body; or the main body of a group, substance, or organ.

contra

Contrary to. Appears in contra pacem(against the peace), and per contra (to the contrary), and contra bonos mores(against good morals), and contra formam statuti(against the form of the statute).

alibi

Elsewhereor in anotherplace. The suspect or defendant tries to prove he could not have committed the crime because he was elsewhere when it happened. Do not use alibias slang for a ready excuse to avoid blame or justify actions.

Ispo facto

Fact by itself, which refer to something that is proven or disproven by the fact that a particular act or event occurred.

Flagrante Delicto

Flagrant transgression, used when perpetrators are caught red-handed while committing a crime, as in: The adulterers were caught in flagrante delictoby the detective and photographer.

in loco parentis

In place of the parent, meaning either the court appointed a guardian to act on behalf of the absent or negligent parents, or a healthcare provider is acting in the best interests of the child. For example, the triage team at an inpatient hospital can invoke an involuntary mental hold to evaluate a child for 72 hours for his or her own safety. The healthcare providers must not do this for financial gain or to comply with parental wishes.

Defenestrate

Literally, to throw something or somebody out a window. Defenestrate can refer to attempted murder, or a political overthrow, or policy change, or exiting a computer window to improve system response, or using an ejection seat in an aircraft. Take the author's intended meaning from context.

nota bene

Note well, abbreviated as NB. Use NB to draw attention to information of significant importance.

non obstante

Notwithstanding, interpreted asin spite of, all the same, nevertheless, or although.

Deprecate

To belittle, depreciate, disparage, deplore, show disapproval, or discount the value of something, as in: The witness deprecated his testimony as unimportant to the verdict.

ad curiam

To court, interpreted as before the district court, as in: The judge ordered a publication ban while the matter is ad curiam so the jurors will not be influenced by news reports.

Defame

To damage someone's reputation by slander (oral statements) or libel (written statements). Defaming a person exposes him or her to public ridicule or tarnishes his or her memory. The defamed person can lose business as a result of loss of his or her good name. A defamatory libel statement may be true, but is published maliciously (without just cause).

habeas corpus

You have the body, a writordering the custodian to bring the prisoner before the court or release the prisoner. It means the prisoner cannot be detained indefinitely and is entitled to a timely trial. Used as a method in federal court to try to overturn a criminal conviction when appeals have been denied at the state level.

What is the primary purpose of a deposition in a legal case? a) To present evidence to the judge b) To interrogate a witness in court c) To record witness testimony for later use in court d) To settle a dispute between the parties

c.) To record witness testimony for later use in court

Which legal term refers to a document that requires a person to appear in court as a witness or to produce evidence? a) Habeas corpus b) Warrant c) Subpoena d) Complaint

c.) Subpoena