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Paralegal Studies Final Exam - 925 Verified Questions

Page 1


Paralegal Studies Final Exam

Course Introduction

Paralegal Studies provides students with a comprehensive foundation in the principles and practices of law, focusing on the essential skills and knowledge required to support attorneys and other legal professionals. The course covers topics such as legal research and writing, civil and criminal procedures, ethics and professional responsibility, legal document preparation, and the fundamentals of various areas of law including torts, contracts, property, and family law. Through practical assignments, case studies, and technology applications, students learn to assist with case preparation, conduct investigations, manage legal files, and communicate effectively in legal contexts, preparing them for employment in law firms, corporate legal departments, government agencies, and other legal settings.

Recommended Textbook

Introduction to Law 5th Edition by Joanne B. Hames

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17 Chapters

925 Verified Questions

925 Flashcards

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Page 2

Chapter 1: Introduction to Law

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59 Verified Questions

59 Flashcards

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Sample Questions

Q1) Substantive criminal laws for states are usually found in:

A) state rules of court.

B) case law.

C) statutory law.

D) constitutional law.

E) local rules of court.

Answer: C

Q2) Substantive laws are those laws that define the rights and duties of parties.

A)True

B)False

Answer: True

Q3) What is the definition of law?

Answer: Law is defined as a set of rules and procedures usually intended to regulate some aspect of society.

Q4) Stare decisis means "it stands decided."

A)True

B)False

Answer: True

Q5) Common law systems are based on the concept of ______ or "stare decisis."

Answer: precedent

To view all questions and flashcards with answers, click on the resource link above. Page 3

Chapter 2: The US Legal System

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58 Verified Questions

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Sample Questions

Q1) Courts of appeals in the various states decide many cases that never become stare decisis.

A)True

B)False

Answer: True

Q2) When the President refuses to either sign or veto proposed legislation, the bill is automatically vetoed.

A)True

B)False

Answer: False

Q3) A system of government in which the people are regulated by both federal and state governments is known as ______.

A) implied powers

B) divided government

C) federalism

D) concurrent jurisdiction

Answer: C

Q4) The federal government consists of three branches-executive, legislative, and _____- with each branch having separate and distinct powers.

Answer: judicial

To view all questions and flashcards with answers, click on the resource link above. Page 4

Chapter 3: The Courts and Legal Personnel

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56 Verified Questions

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Sample Questions

Q1) The _____of ethics adopted by the federal judicial conference exemplify the type of rules regulating judges throughout the United States.

Answer: canons

Q2) The United States is divided into fifteen separate geographical appellate areas, called circuits for the federal appellate courts.

A)True

B)False

Answer: False

Q3) All state court systems have both _____ courts and appellate courts of review. Answer: trial

Q4) Explain the requirements for diversity of citizenship jurisdiction in federal courts. Answer: Diversity of citizenship is a basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000.

Q5) All states have trial courts and courts of review. A)True

B)False Answer: True

To view all questions and flashcards with answers, click on the resource link above. Page 5

Chapter 4: Finding the Law: Legal Research

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57 Verified Questions

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Sample Questions

Q1) A relevant fact is a fact that is tied directly to the client's legal question.

A)True

B)False

Q2) Once the issues are clearly stated, it is time to focus on the facts when conducting legal research.

A)True

B)False

Q3) Form books are filled with sample forms and explanations on how and when to use the forms.

A)True

B)False

Q4) Which part of a case explains the prior proceedings and what happened in the lower court?

A) Facts

B) Issues

C) Rules

D) Judicial history

Q5) Explain the differences between primary and secondary sources.

Q6) Explain the different reporters for U.S. Supreme Court cases.

Q7) _______ facts help the researcher understand what happened.

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Chapter 5: Using the Law: Analysis and Legal Writing

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Sample Questions

Q1) When assigned to draft a case brief, what questions would you ask the supervising attorney at the outset of the project?

Q2) A case brief compares a client's facts with facts of a reported case.

A)True

B)False

Q3) Which part of a case brief lets the reader know what happened in each of the lower courts?

A) Facts

B) Judicial history

C) Issue

D) Rule

E) Analysis

Q4) Facts are generally presented in one of the following ways: chronologically, by party, or according to the elements of a cause of ______.

Q5) The _____ section of a case brief includes a listing of the laws the court relied on in the analysis or reasoning and may include statutes, case law, articles or amendments from the U.S. Constitution or other primary sources of the law.

Q6) Explain the components of a case brief and the questions answered.

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Chapter 6: Constitutional Law

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Sample Questions

Q1) In Marbury v. Madison, the U.S. Supreme Court held that the Supreme Court has the power to review statutory law to determine if it is constitutional.

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) In Griswold v. Connecticut, the U.S. Supreme Court recognized that a right of privacy exists under the "_____ of rights" implied in the Constitution.

Q4) Which right found in the First Amendment to the U.S. Constitution is most important to you personally? Why?

Q5) The U.S. Constitution gives all legislative and judicial powers to the executive branch. A)True B)False

Q6) The first ten amendments to the U.S. Constitution are known as the ______.

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Page 8

Chapter 7: Tort Law

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Sample Questions

Q1) Negligence involves failing to act as a reasonable prudent person would act in the same or similar circumstances

A)True

B)False

Q2) The three major types of torts are: intentional torts, negligence, and ______.

Q3) Which government agency created in the early 1970s works to protect health and safeguard the natural environment and sets and enforces national standards that must be met by businesses that impact the environment?

A) Environmental Protection Act

B) U.S. Department of State

C) Occupational Safety and Health Administration

D) U.S. Department of Justice

Q4) In a tort action, the wrongdoer, also known as the ______, becomes liable to the victim for money damages.

Q5) An intentional tort is one in which the party committing the tort intends to do the act knowing it will cause serious injury.

A)True

B)False

Q6) Explain the difference between assault and battery.

Page 9

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Chapter 8: Family Law

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Sample Questions

Q1) What is a purpose of a premarital agreement?

A) Protect assets in case the marriage ends by divorce

B) Protect assets in case the marriage ends by death

C) Explains how property belonging to each prospective spouse is to be characterized in case of dissolution

D) All of the above

Q2) Which of the following is not a form of child custody?

A) Joint legal custody

B) Sole physical custody

C) Joint physical custody

D) Sole legal custody

E) Dual custody

Q3) The person whose testimony is given under oath during a deposition is known as the ___________.

Q4) A few states continue to recognize the legal status of the common-law marriage without a ceremony. Would you support legislation in your state to recognize common-law marriage? Explain your position.

Q5) The testimony of a witness, given under oath, outside the courtroom and taken before a court reporter is called a(n) ____________.

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Chapter 9: Estate Planning: Wills, Trusts, and Probate

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Sample Questions

Q1) A gift by will of specific real property is known as a:

A) bequest.

B) devise.

C) general legacy.

D) demonstrative legacy.

E) testimonium clause.

Q2) 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.

Q3) A person who has the duty of taking care of a person and that person's property is known as:

A) executor.

B) guardian.

C) trustee.

D) trustor.

E) None of the above

Q4) Explain the different types of trusts.

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Chapter 10: Contract and Property Law

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Sample Questions

Q1) Contracts usually contain the following:

A) mutual consent.

B) consideration.

C) capable parties.

D) legal subject matter.

E) All of the above

Q2) Which form of intellectual property law protects "original works of authorship" against misappropriation?

A) Copyright

B) Trademark

C) Patent

D) Trade secret

Q3) 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.

Q4) Explain the parol evidence rule.

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Chapter 11: The Business Environment: Agency,

Employment, Business Organizations, and Bankruptcy Laws

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Sample Questions

Q1) The ______ is a federal agency that adopts rules that must be followed by corporations and other businesses that sell securities through any national exchange or through any means of interstate commerce.

Q2) 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

Q3) Explain the roles of directors, officers, and shareholders in a corporation.

Q4) What type of business entity is an organization providing limited liability to partners without restrictions of limited partnership often used by lawyers and accountants?

A) Limited partnership

B) General partnership

C) Limited liability partnership

D) Limited liability company

Q5) A business owned by two or more persons who co-own a business for profit where each partner is individually liable for all partnership debts is a ___________ partnership.

13

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Chapter 12: Civil Procedure Before Trial

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Sample Questions

Q1) If a court lacks personal jurisdiction, it can still hear a case if it has:

A) exclusive jurisdiction.

B) in rem jurisdiction.

C) pendant jurisdiction.

D) venue.

E) original jurisdiction.

Q2) Plaintiffs are required to use licensed process servers to serve complaints.

A)True

B)False

Q3) The only form of discovery that can be used with people who are not parties to the lawsuit is the __________.

Q4) Describe the different discovery methods used in civil litigation.

Q5) A long arm statute is a state law that describes the circumstances in which the state may exercise jurisdiction over nonresident defendants.

A)True

B)False

Q6) A deposition takes place outside the courtroom.

A)True

B)False

Page 14

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Chapter 13: Alternative Dispute Resolution

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Sample Questions

Q1) The court cannot order that the parties be bound by alternative dispute resolution without their ______ because in many types of civil cases, parties have a right to a trial.

Q2) To stay a proceeding means to delay or stop the proceeding.

A)True

B)False

Q3) A mediator should always be a neutral person.

A)True

B)False

Q4) The arbitration ______ is the decision of the arbitrator in an arbitration hearing.

Q5) Unless the parties agree otherwise, court related or court ordered alternative dispute resolution is:

A) binding.

B) nonbinding.

C) brought before a jury.

D) All of the above

Q6) Early neutral ________ is a proceeding that takes place early in a civil case in which the disputing parties meet with a neutral person who evaluates the case in an attempt to settle the dispute.

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Chapter 14: Criminal Practice: Criminal Law and Juvenile Law

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Sample Questions

Q1) In many factual situations, assault and battery occur together but with assault, a touching does not have to take place.

A)True

B)False

Q2) The process of helping a person attain or regain his or her potential as a citizen that may take the form of counseling or therapy is called ______.

Q3) There is general uniformity among the states in how the juvenile court system works.

A)True

B)False

Q4) Which of the four purposes of criminal law should be the most important goal: deterrence, rehabilitation, incapacitation, or retribution? Explain.

Q5) Homicide is the taking of the life of one person by another. A)True

B)False

Q6) Mark points a gun at Phillip intending to shoot him. Mark pulls the trigger and Phillip dies from the gunshot. Mark has committed a(n) _______ act and could be found guilty of first degree murder.

Page 16

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Chapter 15: Criminal Procedure Before Trial

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Sample Questions

Q1) The Sixth Amendment provides:

A) the accused shall have the right to assistance of counsel for his defense.

B) the defendant has a right to a jury trial.

C) the right to a speedy trial.

D) the right to subpoena witnesses for trial.

E) All of the above

Q2) Which of the following is not a pretrial motion in a criminal trial?

A) Motion to dismiss

B) Motion to suppress evidence

C) Motion for a change of venue

D) Motion for a grand jury

E) None of the above

Q3) The Fourth Amendment prohibits:

A) unreasonable searches.

B) unreasonable seizures.

C) unlawful arrest.

D) an initial appearance without an attorney.

E) Both a and b

Q4) What did the U.S. Supreme Court decide in Mapp v. Ohio (1961)?

Q5) The purpose of the preliminary hearing is to establish that ________ exists.

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Chapter 16: Rules of Evidence

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Sample Questions

Q1) What type of evidence, often gathering during discovery, includes writings such as reports, business records, and correspondence?

A) Actual evidence

B) Documentary evidence

C) Demonstrative evidence

D) Real evidence

Q2) To impeach a witness means:

A) to strike all his testimony.

B) to remove him from the witness box.

C) to hold him in contempt.

D) to call into question his credibility.

E) None of the above

Q3) Which of the following is not an exception to the hearsay rule?

A) Excited utterance

B) Statements for purposes of medical diagnosis or treatment

C) Exigent circumstances

D) Present sense impression

Q4) Why is hearsay evidence generally not admissible?

Q5) Explain the four types of evidence.

Q6) A common tool used to attack the credibility of a witness is ________.

Page 18

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Chapter 17: The Trial

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Sample

Questions

Q1) During jury deliberations, under what circumstances should the judge order that the bailiff confiscate cell phones, tablets, and other portable electronic devices of the jurors? What potential problems exist with the use of cell phones, tablets, and other portable electronic devices by jurors during deliberations?

Q2) If a prospective juror shows bias, then that individual is excused for cause.

A)True

B)False

Q3) As part of the jury instructions, the judge explains the jury process and the role of the jurors.

A)True

B)False

Q4) Preparation for trial is similar to preparation for:

A) settlement.

B) discovery.

C) investigation.

D) opening statements.

E) closing arguments.

Q5) The civil standard of a preponderance of the evidence is a ______ standard of proof than beyond a reasonable doubt.

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