PLEGAL 101

How many justices are on the U.S. Supreme Court? 9 7 8 10

9

All of the following are constitutionally created branches of government except: Administrative branch. Legislative branch. Judicial branch. Executive branch.

Administrative branch.

Which of the following is an important tool in a paralegal job search? An electronic resume A cover letter A portfolio All are important job search tools

All are important job search tools

The following type of speech is generally considered unprotected by the First Amendment: Political protests against the government. Atheistic speech. Defamation. Flag burning.

Defamation.

When a justice in the minority writes an opinion that shows his or her opposition to the majority's decision, the opinion is known as a: Majority opinion. Dissenting opinion. Concurring opinion. Plurality opinion.

Dissenting opinion.

Federalism means that federal powers are superior to state powers. True False

False

Most states require that a paralegal prove competency through state-based testing, similar to a bar exam. True False

False

One of the disadvantages of American law is its lack of flexibility. True False

False

Paralegals and legal assistants who are members of NFPA and violate this organization's rules of conduct will lose their ability to work as paralegals and legal assistants. True False

False

Solo Practices only exist in small town environments because office space is too expensive in large cities for attorneys to practice on their own. True False

False

The U. S. Constitution is equal in status to federal statutes. True False

False

The United State Supreme Court has the final say in that there is no check or balance to change or overturn its decisions. True False

False

The amount a paralegal charges for billable hours is the same amount as the hourly wage the paralegal receives. True False

False

The establishment clause to the First Amendment allows establishment of state religions. True False

False

The exact definition of paralegal and legal assistant is very clear. True False

False

The practice of law is regulated at a national level. True False

False

There are 11 circuits in the federal court system. True False

False

U.S. district courts, circuit courts of appeals, and special federal courts are created by: The U.S. Constitution. Presidential executive orders. U.S. Supreme Court decisions. Federal legislation.

Federal legislation.

The right to criticize the President's position concerning the free trade with Southeast Asia is: Protected by the 1st Amendment but may be limited as to time, manner and place Not protected by the 1st Amendment. Fully protected by the 1st Amendment. All of the above

Fully protected by the 1st Amendment.

Which of the following must a paralegal not do? Interview clients and witnesses Give legal advice where legal rights are affected Draft documents and pleadings Maintain a calendaring system

Give legal advice where legal rights are affected

In order for the work product doctrine to apply, the written materials must: Have been prepared in preparation for trial. Be admissible as evidence at trial. Be admissions of liability. Have been prepared by an attorney.

Have been prepared in preparation for trial.

This jurisdiction authorizes the court to hear and decides disputes involving property within its geographical borders. Subject matter jurisdiction. Long arm jurisdiction. In rem jurisdiction. In personam jurisdiction.

In rem jurisdiction.

Standing to sue means: The plaintiff, defendant, and court must have some stake in the outcome of the lawsuit. The defendant must have some stake in the outcome of the lawsuit. The court must have some stake in the outcome of the lawsuit. The plaintiff has some stake in the outcome of the lawsuit.

The plaintiff has some stake in the outcome of the lawsuit.

One type of fully protected speech is: Advertising. Commercial speech. Political speech. None of the above

Political speech.

Documents prepared by the attorney during the course of representation are: Protected from disclosure by the attorney-client privilege. Protected from disclosure by the audit privilege. Protected from disclosure by the work-product doctrine. All of the above

Protected from disclosure by the work-product doctrine.

Which federal agency allows paralegals to represent others before it, without supervision? Internal Revenue Service Immigration and Naturalization Service None Social Security Administration

Social Security Administration

The most important set of ethics rules that a paralegal needs to know is: The NFPA Code of Ethics and Professional Responsibility. The NALA Code of Ethics and Professional Responsibility. The ABA Model Rules of Professional Conduct. The rules adopted by the jurisdiction where the paralegal works.

The rules adopted by the jurisdiction where the paralegal works.

Certain powers in the United States Constitution are said to be enumerated. This means: These powers are balanced by the state checking actions of the federal government. These powers are considered shared between the state and federal governments. These powers were specifically delegated to the federal government. These powers were specifically left to the state governments.

These powers were specifically delegated to the federal government.

Regulation of the practice of law is done at what level? State City County National

State

Local zoning laws are an example of: The commerce clause. State police power. Federalism. Enumerated powers.

State police power.

Courts have come to recognize the following as two categories of due process: Procedural and Commercial. Commercial and Religious. Substantive and Procedural. Substantive and Ethical.

Substantive and Procedural.

If a state statute conflicts with a provision in the U.S. Constitution: Neither applies. The U.S. Constitution controls. The state statute controls. The statute and Constitutional provision are balanced to reach a compromise.

The U.S. Constitution controls.

A court must have both subject matter jurisdiction and personal jurisdiction in order to be able to hear and decide a case. True False

True

A court of record is also known as a trial court. True False

True

A nurse who is seeking a new career may find that there is work to perform in a law office by reviewing medical records. True False

True

A paralegal may appear and represent a client's interest at Social Security Disability hearing. True False

True

A paralegal's sexual relationship with a client may violate the ethical code. True False

True

A typical state court system has two levels of appellate courts. True False

True

An ethical wall is a fictional wall that isolates a member of the legal team from a particular client or case with whom that member of the team has a conflict of interest. True False

True

Attorney-client privilege is waived when confidential information is shared with a third party. True False

True

Billable hours are frequently used to determine compensation in large law firms. True False

True

Black's Law Dictionary defines law as "that which must be obeyed...." True False

True

Common law was developed by judges in England. True False

True

Conflicts of interest stem from the problem of divided loyalty. True False

True

Firms typically pay filing fees upfront and then bill the client for those costs. True False

True

Funds received by an attorney on behalf of a client must be deposited into a trust account and not comingled with firms funds. True False

True

No state licenses paralegals and legal assistants. True False

True

Ordinances are created by local government. True False

True

Paralegals are less likely to serve as book a bookkeeper and receptionist in a large law firm than they are in a small practice. True False

True

Stare Decisis is: The doctrine on which our common law system is based. The phrase that is used in the Constitution to describe legislative authority. The method of resolving disagreement between the federal branches of government. Inappropriate, because staring is rude.

The doctrine on which our common law system is based.

The Bill of Rights consists of: The first 10 amendments of the Constitution. Articles I-III of the Constitution. The Due Process Clause and the Equal Protection Clause. The Magna Carta.

The first 10 amendments of the Constitution.

Paralegals should know how to perform legal research using electronic as well as traditional book research methods. True False

True

Rules of Professional Conduct that govern an attorney are also applicable to a paralegal. True False

True

Some federal agencies, such as the Social Security Administration, allow nonlawyers, including paralegals, to represent others. True False

True

State and federal courts may have concurrent jurisdiction in cases in which there is diversity of citizenship. True False

True

States are free to define what constitutes obscene speech. True False

True

The ABA believes there is no need to license paralegals. True False

True

The attorney-client privilege applies to paralegals. True False

True

Unauthorized Practice of Law may include the paralegal filling out forms. True False

True

Which is not a court of limited jurisdiction? United States Tax Court United States District Court United States Patent Court United States Bankruptcy Court

United States District Court

The trial court for the federal court system is: Court of Common Pleas. Commonwealth Court. United States District Court. Court of Appeals.

United States District Court.

Legal writing for a paralegal may include: preparing briefs. drafting letters to clients. drafting correspondence to opposing counsel. all of the choices.

all of the choices.

During an interview, a paralegal should: dress in a business causal manner so the potential applicant will be most comfortable. always ask questions of the interviewer. answer all cell phones and text messages. never ask questions of the interviewer because it is too forward.

always ask questions of the interviewer.

Your resume should not include: work experience. relevant volunteer experience. marital status. educational background.

marital status.

The term that describes the establishment of contacts or relationships for professional purposes is known as: profiling. legalizing. stalking. networking

networking

Certificate, Associate Degree, Baccalaureate, and Graduate are types of: continuing legal education programs. paralegal educational programs. paralegal licensure programs. attorney educational programs.

paralegal educational programs.

The title of that person in the law office who hires, supervises, trains, and elevates paralegals will likely be: receptionist. paralegal manager. senior partner. title abstracter.

paralegal manager.

Another term used in the legal profession for "for free" or without compensation is: pro bono. pro se. UPL. advocate.

pro bono.

A paralegal who finds himself serving as a bookkeeper, office manager, receptionist, and second chair at trial is probably working in a: complex litigation firm. large office. small office. governmental agency.

small office.

That which usually allows a court to have jurisdiction over persons and businesses located in another state is commonly known as: Venue. A long-arm statute. Service of process. Personal jurisdiction.

A long-arm statute.

Which of the following statements is correct? Paralegals can only seek employment with law firms and government agencies. The ABA has a mandatory training program for paralegals. No state in the United States has developed a paralegal regulation program. A paralegal should avoid the unauthorized practice of law.

A paralegal should avoid the unauthorized practice of law

Paralegals work in which of the following settings? Law firms Government agencies Corporations All of the choices.

All of the choices

Which of the following soft skills would a potential employer desire in a paralegal? Perseverance Initiative Communication All of the skills listed

All of the skills listed

All but which of the following are formats that may be used in preparing a resume? Reverse chronological Chronological Functional Alphabetical

Alphabetical

As a paralegal/legal assistant you may work under the supervision of an attorney doing all but which of the following? Preparing deeds and mortgages for real estate transactions Interviewing witnesses to a motor vehicle accident Reviewing medical records for a medical malpractice lawsuit Appearing in court for a child custody case

Appearing in court for a child custody case

The ADR process whereby a neutral third-party hears the merits of and decides a legal dispute is known as: Mediation. Facilitation. Conciliation. Arbitration.

Arbitration.

Decisions of an appellate court, like the Supreme Court: Serve as guidance in resolving similar disputes in the future. Serve to resolve the dispute before the court. Both A and B None of the above

Both A and B

Paralegals may attend real estate closings as long as: A. They are not called upon to give legal advice. B. They are not required to interpret or explain legal documents. C. Both A and B D. None of the above

Both A and B

Paralegal professional conduct is controlled by: A. Licensing statutes. B. Unauthorized practice of law statutes. C. ABA Rules of Professional Conduct. D. Both B and C

Both B and C

The following activities would be considered the unauthorized practice of law when done by paralegals or legal assistants: Telling a client what statute applies to their situation. Helping a client determine which type of power of attorney is the right one. Both of the above None of the above

Both of the above

Those who pass the NALA national certification exam are given the following title: NALAP. RP. LAC. CLA.

CLA

Matters that both the federal and state courts have the authority to hear and resolve are: Exclusive jurisdiction. Subject matter jurisdiction. Concurrent jurisdiction. None of the above

Concurrent jurisdiction.

If a lawyer represents both the husband and wife who are seeking a divorce, that representation would implicate the: Conflict of Interest rule. Work Product Doctrine. Playing with fire rule. Ethical wall doctrine.

Conflict of Interest rule.

The intermediate appellate court for the federal court system is: Supreme Court. Court of Appeals. Superior Court. District Court.

Court of Appeals.

The doctrine of separation of powers: Divides the federal government into three branches. Divides the U.S. Congress into a House of Representatives and a Senate. Requires the U.S. Supreme Court to take cases from the state courts. Requires the federal government to remain separate from the state governments.

Divides the federal government into three branches.

The court may obtain jurisdiction over a defendant: Because the defendant has sufficient contacts with that jurisdiction. Because the defendant lives in that jurisdiction. Either A or B will grant the court jurisdiction over the defendant. None of the above

Either A or B will grant the court jurisdiction over the defendant.

A litigation specialists are paralegals that represent clients in court. True False

False

A paralegal who works in a specialty area of law can answer questions that require legal knowledge of that area. True False

False

Approximately 50% of all lawsuits are settled prior to trial. True False

False

Certified paralegals and legal assistants are allowed to give legal advice. True False

False

The U.S. Constitution serves which two major functions: It creates a form of government and defines rights of citizens which are protected. It creates the three branches of government and establishes the method of legislative authority. It creates the federal judiciary and the manner of electing the president. It creates the manner of electing the president and protects individual rights

It creates a form of government and defines rights of citizens which are protected.

When is it appropriate for paralegals to give clients advice? Only when the attorney is present. Only when the attorney is not available. It is never appropriate for the paralegal to give the client advice. The attorney has maintained some level of personal contact with the client.

It is never appropriate for the paralegal to give the client advice.

Procedural due process requires: Laws which permit the government to take action against individuals must provide for notice and hearing. Laws must not treat similarly situated persons differently. Laws on their face be clear and not overly broad. All of the above

Laws which permit the government to take action against individuals must provide for notice and hearing.

The following statement about the relationship between lawyer ethics rules and legal assistants is true: Legal assistants are bound to follow only those rules that directly mention legal assistants. Legal assistants are bound to follow lawyer rules of conduct since legal assistants work for lawyers, who are bound to follow those rules. Legal assistants are bound to follow the ABA Model Guidelines on the Utilization of Legal Assistant Services. Legal assistants are not bound to follow any set of lawyer ethics rules.

Legal assistants are bound to follow lawyer rules of conduct since legal assistants work for lawyers, who are bound to follow those rules.

Paralegals who violate NFPA Model Rules may be punished by: Losing their jobs. Loss of membership Suspension. Fines.

Loss of membership

The supremacy clause: Makes the judiciary superior to the other branches of government. Makes the executive branch of government superior to the legislative branch. Makes federal law superior to state law when there is a conflict between them. Makes state law superior to federal law when there is a conflict between them.

Makes federal law superior to state law when there is a conflict between them.

The ADR process whereby a neutral third-party oversees a bargaining process between opposing parties, helping them identify issues of agreement that might lead to settlement, but does not decide the outcome is known as: Facilitation. Arbitration. Mediation. Conciliation.

Mediation.

The following organization has no connection to paralegals and legal assistants: AAfPE. NFPA. NALA. NBA.

NBA

A law suit between citizens of two different states is: Diversity jurisdiction. In personam jurisdiction. Federal question jurisdiction. None of the above

None of the above

When a paralegal is verifying that the firm can take on a new client by reviewing names of former and current clients, that paralegal is probably performing a: tickler search. conflict check. trust account search. retainer search.

conflict check.