Paralegal Studies
Question Bank
Course Introduction
Paralegal Studies provides students with a comprehensive understanding of the American legal system and the essential skills needed to assist attorneys in legal practice. The course covers foundational topics such as legal research and writing, civil litigation, contracts, ethics, criminal law, and family law. Emphasizing practical application, students learn how to draft legal documents, organize case files, conduct client interviews, and utilize relevant technology for legal procedures. Graduates are prepared to meet the demands of a dynamic legal workplace and to perform a wide range of tasks under attorney supervision in law firms, corporate legal departments, government agencies, and non-profit organizations.
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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Chapter 1: Introduction to Law
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Sample Questions
Q1) Whether a law is substantive or procedural is one way that laws are categorized.
A)True
B)False
Answer: True
Q2) Discuss the burden of proof in criminal cases with the burden of proof in civil cases.
Answer: The burden of proof is the necessity of establishing a particular fact or the necessity of going forward with the evidence. The amount of proof necessary for a conviction in a criminal case is beyond a reasonable doubt. At trial, the prosecutor must prove the case against the defendant meets a burden of proof known as beyond a reasonable doubt. If the jury finds against the defendant, he or she is said to be guilty. In a civil case, the plaintiff must prove his or her case by a standard known as a preponderance of the evidence. If the court finds against the defendant, the defendant is said to be liable. Preponderance of the evidence is the amount of proof necessary for most civil cases which is defined as more likely than not.
Q3) Laws that relate to the enforcement of the substantive rights and duties are known as ______ laws.
Answer: procedural
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Page 3
Chapter 2: The US Legal System
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Sample Questions
Q1) When a conflict between state and federal laws exists, federal law controls.
A)True
B)False
Answer: True
Q2) Federalism means that two separate governments, state and federal, regulate citizens in the United States.
A)True
B)False
Answer: True
Q3) The powers granted to the U.S. government are found in which article of the U.S. Constitution?
A) Article I
B) Article II
C) Article III
D) Article IV
Answer: A
Q4) The Supremacy Clause states that the U.S. Constitution is the _____law of the land.
Answer: supreme
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Page 4
Chapter 3: The Courts and Legal Personnel
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56 Verified Questions
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Sample Questions
Q1) State court systems differ from the federal system in that most states have two levels of trial court.
A)True
B)False
Answer: True
Q2) Which of the following is not considered an activity that is considered unauthorized practice of law by a paralegal?
A) Appear in court on behalf of a client
B) Sign pleadings for court filings
C) Conduct legal research under the supervising of a lawyer
D) Give legal advice
Answer: B
Q3) The trier of fact is usually found in which court?
A) District court
B) Court of appeals
C) Supreme Court
D) All of the above
E) None of the above
Answer: A
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Page 5
Chapter 4: Finding the Law: Legal Research
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Sample Questions
Q1) A removable supplement to a volume of statutory law that includes all changes or additions to the material contained in the hardbound volume is known as a ______ part.
Q2) State court cases are published in state and regional reporters.
A)True
B)False
Q3) Statutes are laws enacted by the legislature.
A)True
B)False
Q4) Primary sources include case law, statutes, constitutions, and dictionaries.
A)True
B)False
Q5) What are the different components of case law?
Q6) The two large national legal encyclopedias are Corpus Juris Secundum (C.J.S.) and American _____ 2d.
Q7) Information in a legal encyclopedia is arranged:
A) alphabetically.
B) chronologically.
C) numerically. D) randomly.
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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) Which section of a legal memorandum contains a short and concise answer to the question raised in the issue statement?
A) Facts
B) Issue statement
C) Discussion/analysis
D) Conclusion
Q3) Explain the components of a case brief and the questions answered.
Q4) A legal memorandum compares a client's facts with facts of a reported case.
A)True
B)False
Q5) Facts are generally presented in one of the following ways: chronologically, by party, or according to the elements of a cause of ______.
Q6) Why should a legal writer go through multiple revisions when drafting for legal documents?
Q7) When assigned to draft a case brief, what questions would you ask the supervising attorney at the outset of the project?
Page 7
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Chapter 6: Constitutional Law
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Sample Questions
Q1) 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
Q2) The doctrine that specific rights expressed in the Bill of Rights are included in the concept of due process under the Fourteenth Amendment and thereby made applicable to the states is known as the _____ doctrine.
Q3) Constitutional law is found both in the Constitution itself and in Supreme Court case law interpreting the Constitution.
A)True
B)False
Q4) Which article of the U.S. Constitution sets forth powers of the U.S. Supreme Court and lists the types of cases it can hear?
A) Article I
B) Article II
C) Article III
D) Article IV
Q5) What did the U.S. Supreme Court decide in Griswold v. Connecticut (1965)?
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Chapter 7: Tort Law
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Sample Questions
Q1) Strict liability is liability without fault.
A)True
B)False
Q2) Punitive damages are also known as:
A) special damages.
B) medical damages.
C) personal damages.
D) exemplary damages.
E) extraordinary damages.
Q3) The two major defenses to intentional torts are consent and privilege.
A)True
B)False
Q4) A tort is often defined as a non-contractual civil wrong that results in an injury or other loss for which the injured party has a legal remedy.
A)True
B)False
Q5) The three major types of torts are: intentional torts, negligence, and ______.
Q6) The peculiar ____ doctrine makes an employer liable for the acts of an independent contractor when the independent contractor has been engaged to perform a nondelegable duty.
Page 9
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Chapter 8: Family Law
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Sample Questions
Q1) Under the Uniform Premarital Agreement Act, a pre-marital agreement may be an oral agreement and does not have to be in writing.
A)True
B)False
Q2) Why would a couple planning to marry have a pre-marital agreement?
Q3) Answers and interrogatories are made under the penalty of perjury.
A)True
B)False
Q4) In child custody matters, the court looks for solutions that are in the ____ of the child or children.
Q5) 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.
Q6) The right of a child to _____ cannot be adversely affected by a premarital agreement.
Page 10
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Chapter 9: Estate Planning: Wills, Trusts, and Probate
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Sample Questions
Q1) Wills need not be drafted by attorneys.
A)True
B)False
Q2) An implied trust is often called an involuntary trust.
A)True
B)False
Q3) A nuncupative will, an oral will made by one on his or her deathbed, is sometimes referred to as a _____ will.
Q4) What is the judicial procedure by which a will is proved valid or invalid and the court-supervised process that takes place after a person dies?
A) Trust
B) Will
C) Probate
D) Devise
Q5) A common element of a will is the fiduciary clause.
A)True
B)False
Q6) Wills fall into three broad categories: formal,_____, and nuncupative.
Q7) The most common types of express trusts are living trusts and _______ trusts.
Page 11
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Chapter 10: Contract and Property Law
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Sample Questions
Q1) Which of the following indicates a non-ownership interest in real property?
A) Mortgage
B) Deed of trust
C) Lien
D) Lease
E) All of the above
Q2) The "Golden Arches" is an example of something that is entitled to protection under:
A) patent law.
B) copyright law.
C) trade secret law.
D) trademark law.
E) All of the above
Q3) A type of deed in which the grantor makes no representations is a:
A) quitclaim deed.
B) warranty deed.
C) grant deed.
D) None of the above
E) All of the above
Q4) What are the required elements for the formation of a contract?
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Chapter
and Bankruptcy Laws
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Sample Questions
Q1) A business corporation files the articles of incorporation with which government agency?
A) Occupational Safety and Health Agency (OSHA)
B) Securities and Exchange Commission (SEC)
C) Internal Revenue Service (IRS)
D) State secretary of state
Q2) What is the name for joining together of employees for the purpose of negotiating and often done by a union?
A) Collective bargaining
B) At-will employment
C) Respondeat superior
D) Vicarious liability
Q3) What type of business entity is a business where two or more persons co-own a business for profit where each partner is individually liable for all partnership debts?
A) Limited partnership
B) General partnership
C) Limited liability partnership
D) Limited liability company
Q4) The ______ are the internal rules and regulations for a corporation.
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Chapter 12: Civil Procedure Before Trial
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Sample Questions
Q1) The answer is the response to the complaint challenging the factual basis for the lawsuit.
A)True
B)False
Q2) A factual situation that creates a legally recognized right to damages or other relief is a _________.
Q3) What type of service of process is done with a notice appearing in a paper of general circulation?
A) Personal service
B) Substituted service
C) Service by publication
D) Service by mail
Q4) Settlement agreements are found in:
A) complaints.
B) answers.
C) discovery documents.
D) compromise and release.
Q5) The two most common pleadings are the complaint and the ______.
Q6) Explain the difference between federal question jurisdiction and diversity of citizenship jurisdiction.
Page 14
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Chapter 13: Alternative Dispute Resolution
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Sample Questions
Q1) What is the name of an individual hired by the parties to decide disputed pretrial matters in civil actions?
A) Arbitrator
B) Special master
C) Mediator
D) Private judge
Q2) Which of the following is an activity of the American Arbitration Association?
A) Provide arbitration services
B) Provide mediation services
C) Employ experienced lawyers and retired judges to act as neutrals
D) All of the above
Q3) What is the process in which the parties discuss and negotiate the issues in dispute with the assistance of a neutral person?
A) Mediation
B) Arbitration
C) Mini-trial
D) Summary trial
Q4) What is the difference between arbitration with mediation?
Q5) Saving time and _______ are two the main benefits of alternative dispute resolution.
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Chapter 14: Criminal Practice: Criminal Law and Juvenile Law
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Sample Questions
Q1) What source of law divides the crime of homicide into degrees?
A) U.S. Constitution
B) Statutes
C) Regulations
D) Case law
Q2) Crimes are generally categorized into felonies, misdemeanors, and petty offenses.
A)True
B)False
Q3) Before the criminal justice system affixes the term crime to a homicide, there must be a showing of criminal intent or:
A) mens rea.
B) actus reus.
C) rehabilitation.
D) retribution.
Q4) A felony is often punishable by:
A) a minimum one year's imprisonment.
B) a minimum of six months' imprisonment.
C) time off for good behavior.
D) None of the above
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Chapter 15: Criminal Procedure Before Trial
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Sample Questions
Q1) The Due Process Clause is found in which amendment to the U.S. Constitution?
A) First Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Sixth Amendment
Q2) An information is an accusation made by a prosecutor against a criminal defendant that does not involve a ______ jury.
Q3) Formal charges may take the form of:
A) an information.
B) a warrant.
C) an indictment.
D) a grand jury.
E) Both a and c
Q4) A motion for change of _______ requests that the court change the location of the trial.
Q5) Hot pursuit is an exception to the warrant requirement.
A)True
B)False
Q6) What did the U.S. Supreme Court decide in Mapp v. Ohio (1961)?
Q7) 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) The most common attributes used to discredit a witness are the following are: 1) personal bias; 2) prior inconsistent statements; 3) character for untruthfulness; and 4) prior _________.
Q2) 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
Q3) Under the Federal Rules of Evidence, which rule defines relevant evidence and states that "Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"?
A) Rule 401
B) Rule 801
C) Rule 802
D) Rule 901
Q4) Among the four types of evidence, which type of evidence is most convincing to a jury?
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Chapter 17: The Trial
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Sample Questions
Q1) The Constitution prescribes the method of jury selection.
A)True
B)False
Q2) Each side is allowed a limited number of ______ challenges where the attorney can excuse prospective jurors without stating a reason.
Q3) If a prospective juror shows bias, then that individual is excused for cause.
A)True
B)False
Q4) The plaintiff usually goes first with giving closing arguments to the jury.
A)True
B)False
Q5) Explain how a judge decides which jury instructions to give to a jury.
Q6) What is name of the person who assigns exhibits and labels the evidence during a trial?
A) Court reporter
B) Bailiff
C) Court clerk
D) Magistrate
Q7) The _________ argument is given just prior to the judge instructing the jury.
Q8) What is the purpose of a closing argument?
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