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NALA Paralegal Exam – Questions & Correct Answers
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NALA Paralegal Exam – Questions & Correct AnswersFor federal tax purposes, the default tax classification of a limited liability
company that has 1 member is: Correct Ans - Disregarded Entity
Informed consent involves: Correct Ans - The duty of a medical
doctor to disclose to the patient relevant information about the benefits
and risks of the proposed treatment.
Rob Miller is married to Laura Miller. They are approaching their late 40's
and Rob decides they should have an estate plan. Rob goes to his college
roommate and asks him to prepare an estate plan for himself and his wife.
Rob and Laura review the estate documents and approve of their content,
then made an appointment to sign the final documents in one week's time.
Unfortunately, Rob is killed in a car accident the day before they are to sign
the documents. How will Rob's estate be handled? Correct Ans -
According to the intestate succession statute of the state in which he
resided.
The requirements of due process of law apply only to: Correct Ans -
Government actions.
A person's wishes with respect to his or her health care can be included in
the following documents except: Correct Ans - Statutory will.
Which of the following is true about both a general partnership and a
limited partnership: Correct Ans - Each partner in a general
partnership and each general partner in a limited partnership has personal
liability for all the debts and obligations of the general partnership.
ABA Model Guidelines 10 states a lawyer shall: Correct Ans -
Provide paralegals with CLE.
According to Federal Rule of Civil Procedure No. 45(c)(1)(A), a subpoena
may command a person to attend a trial, hearing or deposition only within
____ miles of where the person resides, is employed, or regularly transacts
business in person: Correct Ans - 100
,What does it mean to die intestate? Correct Ans - Dying without a
living will.
What are the basic elements of a trust? Correct Ans - Corpus or res,
trustee, and beneficiary.
In which type of deed does a grantor provide the most warranties and
covenants with respect to the most claimants? Correct Ans -
General warranty deed.
Congress sets up an administrative agency through an enabling act and
gives that agency the powers to make rules and regulations within the
agency through: Correct Ans - Delegation powers.
A lawyer can be sanctioned by their State Bar for: Correct Ans -
Failure to properly supervise paralegal.
What is a type of consideration? Correct Ans - Promise to act.
What is a right of the landlord under a lease of real property? Correct
Ans - Condition of premises.
To request waiver of service, the plaintiff must send the defendant a notice
of commencement of the action with a request that defendant waive
service of the summons. The notice of the request: Correct Ans -
Must include two copies of the waiver for defendant to sign and a copy of
the complaint.
What is not a consideration? Correct Ans - Illusory promises.
A private wrong against an individual, as opposed to a crime, is called a:
Correct Ans - Tort.
"No state shall deny to any person within its jurisdiction the equal
protection of the laws." This provision, known as the Equal Protection
Clause, is applied to the federal government through which amendment?
Correct Ans - The fifth amendment.
, Farmer Ted and Agribusiness sign a contract whereby Farmer Ted will
harvest and sell to Agribusiness on the following day all of the corn grown
on his Northern 40 acres for $10,000. Neither party is aware that a brush
fire burned all of the corn on the property the day before the agreement
was entered into. Which of the following contract defenses could the
parties claim in this case? Correct Ans - Mistake.
As a contract defense, mistake means a mistake of past or present material
fact. In this case, both parties were under the mistaken belief that the 40
acres contained corn on the day the contract was signed. Because of this
mistaken fact, either party could claim mistake as a defense to the contract.
If the subject matter of the purported contract is illegal, such as a contract
for murder, there E92d offer andE92ormed. Unconscionability is a defense
based on the theory that a court would refuse to enforce a provision as
written when the bargain in a contract is one-sided and one of the parties
has substantially superior bargaining power over the other. In this case, the
lack of corn was unknown by both parties and was not related to the
relative bargaining power of the parties. Lack of capacity can be claimed
when one party is a minor, has mental incapacity, or is intoxicated; there
were no facts in this example which would suggest that any of these
conditions was present.
A new trial by a different tribunal is a: Correct Ans - Trial novo.
Iowa and Zelda have formed a general partnership to make and sell cookies
at the local farmers market. They are equal partners in the business. They
would like to obtain additional capital so that they can expand their line of
baked goods. In order to do that, they have agreed to add their older sister,
Velma as a new partner to the partnership. Velma has agreed to provide
$10,000 in exchange for obtaining a 52% interest in the partnership. Iowa
and Zelda are so excited about their venture, that they agree to Velma's
terms and have each given Velma a 26% interest in the partnership. The 3
sisters have entered into a partnership agreement in which they have
agreed that it takes a vote of 75% of the partnership interest to dissolve the
partnership in the event they can't agree on how to run the business. As a
majority partner, Velma does not have the authority (on behalf of the
Partnership) to: Correct Ans - Dissolve the partnership.
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