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Introduction to Paralegal Studies Mock Exam - 356 Verified Questions

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Introduction to Paralegal Studies

Mock Exam

Course Introduction

Introduction to Paralegal Studies offers students an overview of the paralegal profession, focusing on the roles and responsibilities of paralegals within the legal system. The course explores fundamental legal concepts, the structure of the court system, and the ethical guidelines governing paralegals. Students will gain practical skills in legal research, writing, and document preparation, while learning about various areas of law such as civil litigation, criminal law, and family law. The course prepares students to support attorneys effectively and introduces them to career opportunities in legal environments.

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Introduction to Law 4th Edition by Joanne

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18 Chapters

356 Verified Questions

356 Flashcards

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Chapter 1: Introduction to Law

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20 Verified Questions

20 Flashcards

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Sample Questions

Q1) Substantive laws are those laws that define the rights and duties of parties.

A)True

B)False

Answer: True

Q2) Because values, customs and even religious beliefs influence laws and legal systems, differences exist from country to country,

A)True

B)False

Answer: True

Q3) Procedural criminal laws are found in

A) state constitutions

B) U.S. Constitution

C) state statutes

D) state and federal case law

E) all of the above

Answer: E

Q4) In a criminal case, the plaintiff is usually the victim of a crime.

A)True

B)False

Answer: False

Page 3

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Chapter 2: The Us Legal System

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Sample Questions

Q1) Stare decisis requires that:

A) all courts follow decisions of all other courts

B) all courts follow only those decisions from the U.S. Supreme Court

C) trial courts follow all decisions from appellate courts

D) all appellate courts follow all decisions of other appellate courts

E) none of the above

Answer: E

Q2) Which power does federal congress not expressly have?

A) regulate commerce between the states

B) punish counterfeiting

C) establish inferior courts

D) punish drug offenders

E) none of the above; Congress has the express power to do all of the above

Answer: D

Q3) Courts of appeals in the various states decide many cases that never become stare decisis.

A)True

B)False

Answer: True

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Page 4

Chapter 3: The Courts and Legal Personnel

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Sample Questions

Q1) All state judges are appointed by the president, subject to approval by the Senate.

A)True

B)False Answer: False

Q2) Individuals must take and pass an examination known as a bar exam before they are licensed to practice law.

A)True

B)False

Answer: True

Q3) Prosecutors who refuse to give the defense evidence that helps the defendant are just doing their job.

Multiple Choice

A)True

B)False

Answer: False

Q4) District courts are courts of original jurisdiction.

A)True

B)False Answer: True

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Chapter 4: Finding the Law: Legal Research

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Sample Questions

Q1) Precedent is an example set by the decision of an earlier court for similar cases or similar legal questions which arise in later cases.

A)True

B)False

Q2) A digest is an index to statutes.

A)True

B)False

Q3) Which of the following is an encyclopedia?

A) Corpus Juris Secundum

B) American Jurisprudence 2d

C) California Jurisprudence 3d

D) all of the above

E) none of the above

Q4) Case law is a collection of reported cases.

A)True

B)False

Q5) An issue is a question that must be decided by a court.

A)True

B)False

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Chapter 5: Using the Law: Analysis and Legal Writing

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Sample Questions

Q1) A case brief compares a client's facts with facts of a reported case.

A)True

B)False

Q2) Legal analysis is limited to analyzing case law.

A)True

B)False

Q3) Legal writing does not require a thesis paragraph.

A)True

B)False

Q4) A case brief is an example of persuasive writing. Multiple Choice

A)True

B)False

Q5) Which element of a case brief is the most important?

A) rules

B) analysis

C) facts

D) issues

E) conclusions

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Chapter 6: Constitutional Law

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Sample Questions

Q1) The Bill of Rights consists of the first ten amendments to the U.S. Constitution.

A)True

B)False

Q2) Criminal and civil court processes are government primarily by A) procedural due process

B) substantive due process

C) state law only

D) none of the above

Q3) The doctrine of separation of powers refers to the power of the courts to determine the constitutionality of statutory law.

A)True

B)False

Q4) The Equal Protection Clause

A) has always been held to prohibit the practice of separate but equal B) prohibits a school from considering race in its admissions policies

C) is found in the 14th Amendment

D) all of the above

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8

Chapter 7: Tort Law, Workers Compensation, and Environmental Law

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Sample Questions

Q1) Which of the following is not a defense to negligence?

A) assumption of the risk

B) contributory negligence

C) comparative negligence

D) immunity

E) self defense

Q2) The two major defenses to intentional torts are consent and privilege.

A)True

B)False

Q3) Activities that give rise to strict liability are:

A) driving a dangerous car

B) engaging in an ultrahazardous activity

C) fighting

D) battery

E) selling pharmaceuticals

Q4) A tortfeasor is the injured person.

A)True

B)False

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Chapter 8: Family Law

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Sample Questions

Q1) Not all family law matters concern married persons. Multiple Choice

A)True

B)False

Q2) Once a court determines that a parent-child relationship exists, it must consider:

A) child support

B) spousal support

C) property issues

D) whether restraining orders are needed

E) income and expense situation for each party

Q3) Spousal support is awarded when people end their marriage.

A)True

B)False

Q4) Family law deals with legal issues that affect personal relationships.

A)True

B)False

Q5) A divorce is a total dissolving of a marriage.

A)True

B)False

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Chapter 9: Wills, Trusts, and Probate

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Sample Questions

Q1) A living trust becomes effective

A) during the life of the settlor

B) upon death of the settlor

C) upon death of the beneficiary

D) when an express trust is created

E) during the probate process

Q2) A will is a document in which an individual provides for the distribution of his or her property upon his or her death.

A)True

B)False

Q3) The attestation clause is used to open the will.

A)True

B)False

Q4) Changes to a will may be published in:

A) an addendum

B) a codicil

C) an attestation clause

D) a testimonium clause

E) the closing clause

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Chapter 10: Contract Law, Real Property Law, Intellectual

Property, and Employment Law

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Sample Questions

Q1) The Uniform Commercial Code controls:

A) contracts for the sale of goods

B) contracts involving interstate commerce

C) contracts involving banks

D) contracts for the sale of real property

E) none of the above

Q2) Patent and copyright laws are federal rather than state.

Multiple Choice

A)True

B)False

Q3) In contract law, the person who makes an offer is the offeree.

A)True

B)False

Q4) The Statute of Frauds

A) requires that all contracts be in writing

B) limits the types of evidence that can be used to prove the terms of the contract

C) provides a remedy for fraudulent acts

D) requires that certain types of contracts be evidenced by a writing

E) requires that written contracts be notarized

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Chapter 11: The Law of Business Organizations and Bankruptcy

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Sample Questions

Q1) Which of the following factors are considered when one tries to pierce the corporate veil?

A) did the corporation observe corporate formalities such as holding meetings?

B) did the corporation keep separate bank accounts?

C) were corporate funds used for corporate and not personal purposes?

D) was the corporation undercapitalized?

E) all of the above.

Q2) Exempt assets must be turned over to the Bankruptcy trustee and are used to satisfy the debts of the person filing bankruptcy.

Multiple Choice

A)True

B)False

Q3) Each partner in a partnership is the agent of the other partners and is responsible for the torts of the other partners if committed in the course and scope of the partnership.

A)True

B)False

Q4) Bankruptcy is governed primarily by federal law.

A)True

B)False

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Chapter 12: Civil Procedure Before Trial

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Sample Questions

Q1) Motions generally require court hearings.

A)True

B)False

Q2) The sole power or authority to act in a certain situation is known as:

A) exclusive jurisdiction

B) concurrent jurisdiction

C) pendant jurisdiction

D) original jurisdiction

E) diversity jurisdiction

Q3) Service of process

A) must be made personally

B) can be done by the plaintiff

C) involves the service of a complaint and summons on the defendant

D) can be waived under federal rules

E) both c and d

Q4) Plaintiffs are required to use licensed process servers to serve complaints.

A)True

B)False

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Chapter 13: Alternative Dispute Resolution

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Sample Questions

Q1) The type of ADR most popular with family law and labor matters is:

A) arbitration

B) mediation

C) mini-trial

D) summary trial

E) trial

Q2) The ADR proceeding involving an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute is known as

A) arbitration

B) mediation

C) negotiation

D) mini-trial

E) early neutral evaluation

Q3) Arbitrators and mediators must be attorneys.

Multiple Choice

A)True

B)False

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Chapter 14: Criminal Practice: Criminal Law and Juvenile Law

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Sample Questions

Q1) The Model Penal Code has been adopted in all states.

A)True

B)False

Q2) Actus reus is:

A) an element of mens rea

B) another term for a purposeful act

C) the second element of a crime

D) the intent element of mens rea

E) b and c

Q3) The presumption</KT><SIDEIND NUM="3" ID="MN1.14.003"/> that the defendant is innocent until proven guilty is :

A) not really based on the Constitution

B) a rebuttal presumption

C) a conclusive presumption

D) not applicable in felony cases

E) none of the above

Q4) In simplistic terms, juveniles are delinquent when they commit a violation of the law.

A)True

B)False

Page 16

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Chapter 15: Criminal Procedure Before Trial

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Sample Questions

Q1) Which of the following is not an exception to the warrant requirement?

A) plain-view doctrine

B) hot pursuit

C) exigent circumstances

D) exclusionary rule

E) none of the above

Q2) The Fourth Amendment prohibits:

A) unreasonable searches

B) unreasonable seizures

C) unlawful arrest

D) an initial appearance without an attorney

E) a and b

Q3) The exclusionary rule is a rule of criminal procedure stating that evidence obtained illegally

A) cannot be used at the arraignment

B) cannot be used at trial

C) never really existed

D) cannot be seized

E) must be returned to the person from whom it was seized

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Page 17

Chapter 16: Rules of Evidence

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Sample Questions

Q1) Evidence is relevant when

A) it clearly proves guilt or innocence

B) it has a tendency to make the existence of any fact of consequence more probable

C) it creates inferences

D) it does not come from hearsay

E) none of the above

Q2) Direct evidence is:

A) always required at trial

B) sometimes required at trial

C) evidence that actually proves a point

D) circumstantial in nature

E) all of the above

Q3) Hearsay is only admissible when

A) two or more persons heard the statement

B) the witness is credible

C) the prosecutor asks the court to allow the statements

D) there were no exigent circumstances

E) none of the above

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Chapter 17: The Trial

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Sample Questions

Q1) An opening statement provides:

A) the judge with an overview of the legal issues

B) the judge with an overview of the factual issues

C) an initial picture of the case and the evidence that will be presented at trial

D) an initial argument for the jury

E) the judge with an opportunity to make the jury familiar with the case

Q2) In closing arguments each attorney will highlight:

A) the problems with the evidence

B) the importance of the jury

C) the evidence most favorable to his or her client

D) a and b

E) all of the above

Q3) In a criminal case the burden of proof falls upon the prosecutor.

A)True

B)False

Q4) A trial will always involve a jury.

A)True

B)False

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Chapter 18: Sample Video Worksheets

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Sample Questions

Q1) How did Abe Fortas come to represent Gideon?

Q2) Describe the judicial history of the case (i.e., in what court did it begin and in what appellate courts was it heard?).

Q3) Which Constitutional Amendment formed the basis for this Court's decision?

Q4) What was the name of the Chief Justice of the Supreme Court when this case was decided?

Q5) Who wrote the Court's opinion in this matter?

Q6) What did the judge rule regarding Gideon's motion for change of venue?

Q7) Why did Gideon think that a retrial after the Supreme Court decision was illegal?

Q8) What was the jury verdict in the retrial of Gideon?

Q9) What is the name of the attorney who represented Briggs?

Q10) What was the name of the chief witness against Gideon at the trial?

Q11) Which Constitutional Amendment or Amendments were involved in this case?

Q12) What was the name of the Chief Justice of the Supreme Court when this case was first brought to the court?

Q14) Give a brief factual description of what led to this lawsuit. Page 20

Q13) Did Abe Fortas think traffic offenders should be entitled to court-appointed counsel?

Q15) What was the legal issue in the case?

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