Paralegal Studies
Final Test Solutions
Course Introduction
Paralegal Studies is an interdisciplinary course designed to provide students with a foundational understanding of the legal system, legal terminology, and the practical skills required to support attorneys in various legal environments. The curriculum covers key topics such as legal research and writing, ethics and professional responsibility, civil and criminal procedure, contracts, torts, and office management. Emphasis is placed on developing analytical thinking, effective communication, and organizational skills, preparing students to perform tasks such as drafting legal documents, conducting client interviews, and managing case files. This course lays the groundwork for a successful career as a paralegal or legal assistant in law firms, corporate legal departments, government agencies, and nonprofit organizations.
Recommended Textbook
Civil Litigation 7th Edition by Peggy Kerley
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16 Chapters
555 Verified Questions
555 Flashcards
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Page 2
Chapter 1: Litigation and the Paralegal
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35 Verified Questions
35 Flashcards
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Sample Questions
Q1) Case management software allows attorneys to organize and summarize extensive discovery.
A)True
B)False
Answer: True
Q2) Which of the following skills are needed by paralegals?
A) An ability to communicate orally and in writing
B) Organizational and analytical skills
C) Technology expertise
D) All of these choices.
Answer: D
Q3) This is a criminal case.
A)True
B)False
Answer: False
Q4) Arbitration is a form of settlement.
A)True
B)False
Answer: False
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Chapter 2: The Courts and Jurisdiction
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Sample Questions
Q1) The role of the appellate court includes ________.
A) determining the credibility of witnesses at the trial level
B) reevaluating the factual determinations made by the trial court
C) determining if any legal errors occurred at the trial level
D) hearing testimony from important witnesses
Answer: C
Q2) A court where a case begins and is tried is a court of ________ jurisdiction.
Answer: original
Q3) If the accident happened in Alabama, the state courts of Alabama and Oklahoma have concurrent jurisdiction.
A)True
B)False
Answer: False
Q4) If the accident happened in Alabama, and Stevens's damages exceed $75,000, the state courts of Alabama and the federal court have concurrent jurisdiction.
A)True
B)False
Answer: True
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Chapter 3: Preliminary Considerations and Procedures
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Sample Questions
Q1) If an attorney decides not to take a case, that attorney should always ________.
A) clearly communicate that fact to the concerned individual
B) fully explain the reasons for turning down the case
C) refer the individual to another attorney for a second opinion
D) All of these choices.
Answer: A
Q2) Assume that Fenton once worked for the law firm of Ogawa and Robles, although he never worked on any cases involving DiSalvo. This would create a conflict of interest, and Fenton should not be allowed to work on the Kramer case.
A)True
B)False
Answer: False
Q3) Paralegals who discuss cases with others risk violating the ethical rule dealing with
Answer: confidentiality
Q4) Each element of a(n) ________ must be proven at trial in order for plaintiff to prevail.
Answer: cause of action
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5
Chapter 4: Investigation and Evidence
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Sample Questions
Q1) A form that establishes the ground rules of litigation, including fees, billing rates, retainer, and work to be performed by the law firm is known as a(n) ________.
A) release
B) retainer agreement
C) authorization
D) evidence log
Q2) The Supreme Court case of Daubert v. Merrell Dow Pharmaceuticals, Inc. concerned ________.
A) the admissibility of hearsay evidence
B) the admissibility of scientific evidence
C) the constitutionality of the Federal Rules of Evidence
D) the admissibility of business records
Q3) A judicial notice allows a court to find that certain facts are true without the parties presenting evidence of the fact.
A)True
B)False
Q4) An individual appointed by a corporation to accept service of papers in a lawsuit is the agent for ________.
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Chapter 5: The Complaint
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Sample Questions
Q1) If Exquisite Homes is sued, it should be identified in the complaint as "DGA, Inc., a corporation doing business as Exquisite Homes."
A)True
B)False
Q2) When parties in a lawsuit are required to be joined, they are sometimes referred to as indispensable parties.
A)True
B)False
Q3) An express statement under penalty of perjury that the contents of a document are true is known as a(n) ________.
A) allegation
B) contention
C) verification
D) subscription
Q4) Punitive damages are also referred to as exemplary damages.
A)True
B)False
Q5) Before a class action lawsuit can proceed, a judge must ________ the class.
Q6) The phrase "doing business as" refers to a business that uses a(n) ________.
Page 7
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Chapter 6: Responses to the Complaint
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Sample Questions
Q1) If the defendant has an affirmative defense to a claim, it must be alleged in the answer or it may be deemed waived.
A)True
B)False
Q2) If an answer is served by mail on a plaintiff's attorney, service should be evidenced by a(n) ________.
Q3) Subject matter jurisdiction in federal court can be challenged by ________.
A) a motion to quash the service of summons
B) a motion to dismiss
C) a demurrer
D) All of these choices.
Q4) If a defendant waives service of process under Rule4, that defendant has ________ days in which to file a response, if the defendant resides within the United States.
Q5) The caption in an answer filed by the dealership should read: "Dan's Dealership, defendant, vs. Sakata, plaintiff."
A)True
B)False
Q6) Counterclaims that must be asserted or lost are known as ________.
Page 8
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Chapter 7: Motion Practice
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Sample Questions
Q1) A motion in which the moving party claims that the pleadings themselves indicate that no controverted issues exist and that judgment can be entered for only one party is known as a ________.
A) motion for summary judgment
B) motion to strike the pleadings
C) motion for judgment on the pleadings
D) motion for more definite statement
Q2) If a motion is served by mail, electronically, or by fax, ________ days must be added to the 14-day notice requirement.
Q3) If this action is filed in federal court, Salazar's attorney has 21 days from the date default was entered in which to file a motion to set aside the default.
A)True
B)False
Q4) In some courts, the hearing on a motion can be handled through a telephone call rather than an actual appearance in court.
A)True
B)False
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9
Chapter 8: Overview of the Discovery Process
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Sample Questions
Q1) The final decision to assert the attorney-client privilege remains with ________.
A) the client
B) the attorney
C) the court
D) Either a or b.
Q2) Limits on the discovery process include ________.
A) the attorney-client privilege
B) the work product privilege
C) the Fifth Amendment privilege against self-incrimination
D) All of these choices.
Q3) If a party still refuses to comply after an order compelling cooperation is issued, the court can levy certain sanctions against the noncomplying party.
A)True
B)False
Q4) One of the primary objectives of discovery is to prevent one of the parties from winning the lawsuit by surprise or trickery.
A)True
B)False
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Chapter 9: Depositions
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Sample Questions
Q1) The legal means to secure the presence of a nonparty witness for deposition is known as a ________.
A) notice of intent to take oral deposition
B) subpoena
C) subpoena duces tecum
D) Either b or c.
Q2) An individual who places the person giving a deposition under oath is known as a(n) ________.
Q3) A person who gives a deposition is known as a(n) ________.
Q4) If the attorney is present at the deposition to protect the interests of the client who is being deposed, the attorney is said to be defending the deposition.
A)True
B)False
Q5) An amendment to the Federal Rules of Civil Procedure limits the amount of time that can be spent on a single deposition to a single day and a maximum of seven hours.
A)True
B)False
Q6) The written copy of a deposition is known as a(n) ________.
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Chapter 10: Interrogatories
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Sample Questions
Q1) The title of the interrogatories should identify ________.
A) the party serving the interrogatories
B) the party receiving the interrogatories
C) the names of the parties' attorneys
D) Both a and b.
Q2) Properly drafted interrogatories can help narrow the issues and facts in preparation for trial.
A)True
B)False
Q3) Federal Rules require that a response to an interrogatory be supplemented when
A) a party learns that the response was incomplete
B) a party learns that the response was incorrect
C) the court has ordered that the response be supplemented
D) All of these choices.
Q4) If Blackwell learns after answering interrogatories that an interrogatory was incorrect when made, the interrogatory answers must be supplemented.
A)True
B)False
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Chapter 11: Physical and Mental Examinations
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Sample Questions
Q1) The paralegal's role in the request for a physical or mental examination may include
A) contacting the physician or laboratory to discuss the purpose of the examination and the nature of the case
B) drafting the motion for a compulsory physical examination and a proposed order
C) contacting the physician or laboratory to request a copy of the report
D) All of these choices.
Q2) Physical and mental examinations invade the privacy of the person submitting to the examination.
A)True
B)False
Q3) Total discretion for the granting of a physical or mental examination lies with the ________.
Q4) A requirement that the condition to be examined in a physical or mental examination be at the heart of the dispute in the case is known as ________.
Q5) Formal written notification of the intention to request a physical or mental examination is known as a(n) ________.
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13
Chapter 12: Request for Documents
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Sample Questions
Q1) Documents protected by a privilege are known as ________ documents.
Q2) The documents that must be produced by a request for documents are known as ________ documents.
Q3) Documents may not be produced in lieu of answering a particular interrogatory. A)True B)False
Q4) A log listing all documents identified as being protected from discovery under privilege is known as a(n) ________.
Q5) Desktop PCs, laptops, mobile phones, and PDAs are all included under the term ________.
Q6) A discovery technique that involves a request to enter property to inspect that property to obtain facts in relation to a lawsuit is known as a(n) ________.
Q7) Federal rules do not permit litigants to scan paper documents for electronic storage. A)True B)False
Q8) A nonparty may be required to produce documents at his or her deposition. A)True B)False
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Chapter 13: Request for Admission
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Sample Questions
Q1) A request for admission that asks a party to admit to two or more facts in one statement is known as a(n) ________ request.
Q2) There is no limit on the number of requests for admission that can be filed under the Federal Rules of Civil Procedure.
A)True
B)False
Q3) A request that asks a party to admit in a single statement the truthfulness of two or more facts is called a(n) ________ request.
A) inadmissible
B) compound
C) common interest
D) irrelevant
Q4) An alternative response to a request for admission is a(n) ________.
A) admission or denial
B) refusal to either admit or deny
C) objection
D) All of these choices.
Q5) Any request for admission that is not denied is ________ admitted.
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Chapter 14: Settlements, Dismissals, and Alternative Dispute
Resolution
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Sample Questions
Q1) If the client does not approve the settlement, the attorney cannot agree to it, no matter how lucrative and beneficial it might be.
A)True
B)False
Q2) A stipulated dismissal with prejudice means that the claim ________.
A) can be brought to court again in the future
B) cannot be brought to court again in the future
C) has no merit
D) None of these choices.
Q3) In deciding whether to settle, the parties should consider the lengthy time required to bring a case to trial in Houston.
A)True
B)False
Q4) The Martins' attorney may not accept a settlement on their behalf unless it is acceptable to the Martins.
A)True
B)False
Q5) Retired trial and appellate court judges who are hired by parties to preside over trials are called ________ judges.
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Chapter 15: Trial Techniques
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Sample Questions
Q1) The paralegal should schedule a meeting with the court clerk and the court reporter before the trial.
A)True
B)False
Q2) The paralegal's responsibilities at trial may include ________.
A) locating and having witnesses present in the courtroom
B) keeping track of exhibits
C) taking notes during the trial
D) All of these choices.
Q3) A jury trial is a constitutionally guaranteed right in this case.
A)True
B)False
Q4) A trial subpoena must be ________ served on a witness.
Q5) The paralegal is instrumental in preparing a witness for trial.
A)True B)False
Q6) One task Rodger may undertake in the trial is examining Jackson's witness.
A)True
B)False
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Q7) ________ is the process by which the jurors are questioned to determine bias.
Chapter 16: Posttrial Practice
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Sample Questions
Q1) After a trial, a party may file a motion for a new trial.
A)True
B)False
Q2) An appeal filed by the appellee is called a(n) ________.
Q3) A writ of ________ is a court order compelling the seizure of the judgment debtor's property to satisfy the judgment.
Q4) An appellate court has the authority to consider questions relating to the facts of a case.
A)True
B)False
Q5) Champion Chevrolet is the appellee.
A)True
B)False
Q6) The person who opposes an appeal is the appellate.
A)True
B)False
Q7) A posttrial ________ is a separate but ancillary proceeding that is filed to permit a judgment creditor to collect assets from a third party who holds assets belonging to the judgment debtor.
Q8) The person who opposes an appeal is the ________.
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