2024 Edition

Paralegal Practice Test

Take this free practice test to see how prepared you are for the NALA Certified Paralegal Exam. Certification as a paralegal or legal assistant can enhance career opportunities. One such exam is the Certified Legal Assistant/Paralegal Exam given by the National Association of Legal Assistants (NALA).

To prepare for your test, use our 500 question NALA Certified Paralegal Practice Exam that includes essay assignments and samples, online flashcards and exam review,

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1.	A client desires to neither admit to nor contest the charge that has been brought against him. What is the proper Latin phrase to describe his plea?
		a. Non obstante veredicto
		b. Nolo contendere
		c. Fiat justitia
		d. Inter vivos
Nolo contendere means "Will not contest." The defendant is neither admitting to nor contesting the charges that have been brought against him. Non obstante verdicto means "despite the verdict"; fiat justitia means "let justice be done"; and inter vivos means "among the living" -- it is often used to describe a trust created during the grantor's lifetime. Incorrect answer. Please choose another answer.

2.	What is the difference between an interrogatory and a deposition?
		a. The former involves statements of the attorneys only, while the latter involves witnesses.
		b. An interrogatory consists of written questions, while a deposition is an oral statement made under oath.
		c. Document production can only be done with written interrogatories.
		d. There is no difference between an interrogatory and a deposition.
An interrogatory is used during the discovery process, the pretrial phase of civil litigation where parties exchange information and evidence. Interrogatories are written questions by one side for the opposing side or a witness to answer in writing. A deposition is a witness's sworn oral testimony, outside of court, that is transcribed. Document production refers to an additional form of discovery, where a party or a witness is ordered to produce physical documents to the party that issues a subpeona duces tecum. Incorrect answer. Please choose another answer.

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3.	A paralegal has been asked by her attorney to file an appeal from a final order of the trial court. Which of the following is the first step that should be taken by the paralegal?
		a. Prepare the notice of appeal for filing.
		b. Collect the trial exhibits into an appellate record
		c. Order the trial transcripts.
		d. Determine the date the initial filing with the appeals court must be made.
The very first step in the filing of an appeal is to determine the deadline for filing an appeal with the appeals court. Under the Federal Rules of Civil Procedure, Rule 4, the notice of appeal must be filed within 30 days after the judgement has been entered. States have similar deadlines, but may vary in their own rules of procedure. After this determination, you would prepare the notice of appeal, file it and then proceed to collect exhibits and order the trial transcripts. Incorrect answer. Please choose another answer.

4.	A paralegal may represent a client in court if the attorney who employees the paralegal authorizes her to do so.
		True
		False
Under ethics rules, paralegals must avoid actions that constitute the unauthorized practice of law and must not perform any duties that only attorneys can perform. Paralegals are not allowed to represent clients in court, nor are they allowed to give clients legal advice. Incorrect answer. Please choose another answer.

5.	What conditions must be met for a judge to grant a motion for summary judgment?
		a. No material facts exist to prove the defendant's guilt.
		b. The defendant fails to answer the complaint.
		c. The facts in the complaint are either untrue or cannot be proved.
		d. Evidence outside the pleadings establishes that there is no material issue of fact such that the moving party is entitled to judgment.
A motion for summary judgment requests the court to decide all or part of an action on behalf of the moving party based on evidence presented, without the need for a trial. This motion typically is filed when there are no genuine disputes of material fact such that the matter can be decided as a matter of law. It is only used in civil cases, not criminal cases. If a defendant fails to answer the complaint, a default judgment is entered. Incorrect answer. Please choose another answer.

6.	Which of the following is not part of a summons and service of process?
		a. The complaint
		b. The answer
		c. A date set by the court to respond to the complaint
		d. Evidence of service of process
A summons is issued by a court to give notice to a party that a civil proceeding has been filed against them in which they should appear and be heard. It informs the party that they have a certain timeframe in which to respond and/or appear in court. A summons is attached to a complaint and is served on the opposing party, called service of process. An answer is filed by the defendant after they receive the complaint. Incorrect answer. Please choose another answer.

7.	The attorney you work for is trying to prove that a contract her client signed is invalid. Which of following conditions would have to be true for this to be the case?
		a. There is a minor typo misspelling the client's first, but not last, name
		b. The client was a minor at the time the contract was signed.
		c. The other party performed the contract but the client simply does not want to pay.
		d. The client had an alcoholic drink before she signed the contract.
Minor typos do not invalidate or make a contract voidable. Minor typos may be corrected by the parties or the court. A contract entered into by minors is voidable, meaning the minor will have the choice to either cancel or accept the contract. Simply changing ones mind or having had an alcoholic drink, short of being inebriated, will not render a contract voidable. Incorrect answer. Please choose another answer.

8.	Contracts have to be signed under seal to be enforceable.
		True
		False
Contracts do not need to be signed or sealed to be valid. Contracts can involve verbal or written agreement and consideration can include money, goods or a promise to act. Incorrect answer. Please choose another answer.

9.	Your attorney says there is a case-on-point supporting his argument. On what principle does the court have to follow this case law?
		a. Stare Decisis
		b. Pro Se
		c. Res Ipsa Loquitur
		d. Certiorari
Stare Decisis in Latin means ‘stand by things decided.' Case law is developed by courts deciding cases and subsequent courts deciding cases according to those already decided. Trial court case law is only persuasive authority onto other trial courts because they are the same level of court. Persuasive authority is that which may be helpful in forming the judge's opinion, but is not mandatory for the court to follow. Persuasive authority is typically similar in facts and law. Incorrect answer. Please choose another answer.

10.	Neighboring property owners dispute whether or not a written and recorded easement grants certain rights. What type of action would most likely be filed to settle this dispute?
		a. A negligence action
		b. A criminal action
		c. A declaratory judgment action
		d. An action for money damages
This is a real property matter and must be decided by a court declaring the lines of the boundary according to the property description or deed. A negligence action has to do with torts, either intentional or unintentional acts which cause a harm or injury. A criminal action has to do with violations of the criminal code, not real property matters. In this case, there is no request for monetary damages. Incorrect answer. Please choose another answer.

11.	A paralegal answers an incoming call from a new client who needs legal advice immediately. The paralegal should respond as follows:
		a. "The law is that....."
		b. "Let me do some research and get back to you."
		c. "You should take the following action...."
		d. "I'm a paralegal and I'll have the attorney get back to you."
Paralegals must avoid actions that constitute the unauthorized practice of law and must not perform any duties that only attorneys can perform. Paralegals are not allowed to give legal advice, even if the paralegal informs the client that they are not an attorney. In the scenario, the paralegal should have the attorney call the client to provide legal advice. Incorrect answer. Please choose another answer.

12.	Attorney-client confidentiality does not apply to alternative dispute resolution forums.
		True
		False
The attorney-client privilege arises when a client communicates with an attorney in a confidential way for the purposes of seeking legal advice. The privilege protects communications between the attorney and the client and applies in all cases whether going to trial or ADR. Incorrect answer. Please choose another answer.

13.	A lawsuit has been filed and the summons has been delivered to the defendant. He fails to file an answer within the time frame set by the court. What happens next?
		a. The suit will move to trial.
		b. The defendant will be held in contempt of court.
		c. Plaintiff's counsel will file a motion for default judgment.
		d. The clerk of the courts will contact the defendant.
A court may enter a default judgment if requested by the plaintiff if the defendant fails to answer the complaint within the timeframe given the defendant. Incorrect answer. Please choose another answer.

14.	A paralegal is to give notice to a witness of a deposition. Which of the following are acceptable means to give notice of a deposition?
		a. written notice by mail
		b. written notice by mail or a phone call
		c. written notice by mail, phone call or email
		d. written notice by mail, phone call, email or face-to-face communication
Under rules of procedure, notice of a deposition must be written and sent or delivered in person to the witness. Phone call or e-mail or verbal notice are not valid forms of notice. Incorrect answer. Please choose another answer.

15.	You have found work as a litigation paralegal. Which of the following is NOT likely to be one of your duties?
		a. Sign the pleadings
		b. Interview witnesses
		c. Draft the complaint
		d. Assist in jury selection
The drafting of pleadings and motions for an attorney, at the attorney's direction and under their supervision, is not an unauthorized practice of law for a paralegal. A paralegal cannot sign the pleadings or the motions though. An attorney needs to sign the pleadings and the motions. A paralegal is allowed to interview witnesses and assist in jury selection. Incorrect answer. Please choose another answer.

16.	You are preparing a "friend of the court" brief. This is known as an "amicus curiae" brief.
		True
		False
Amicus curiae briefs are briefs written and submitted to the court by one who is not a party to the action but has a strong interest in the matter at hand. These briefs are intended to influence the court's final decision. Incorrect answer. Please choose another answer.

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17.	Any of the following actions can result in either criminal or civil charges being filed against a client. Which of the actions is most likely to result in a civil lawsuit?
		a. A drinking and driving accident that led to significant property damage
		b. A physical fight between a husband and wife
		c. A minor leaves a store with a dvd in his pocket without paying for it
		d. A customer pays for a TV with a check and it bounces
Option D is a civil breach of contract matter, that does not necessarily involve fraud, so will be adjudicated in civil court. The other three are more likely to be brought as criminal court cases. Incorrect answer. Please choose another answer.

18.	A company has filed an application with the U.S. Patent and Trademark Office to register a trademark of its logo, but the application has not yet been granted. Which symbol should the company use next to their logo in the meantime?
		a. ®
		b. TM
		c. Either ® or TM is acceptable
		d. The company should not use any symbol until it learns the status of the application.
Trademarks are filed and registered with the United States Patent and Trademark Office (USPTO) or can be protected by common law. An ® symbol after the trademark shows that the owner of the trademark has registered the mark with the USPTO. If a trademark is unregistered, the owner can put a TM after the trademark to notify others that a trademark is claimed under common law. Incorrect answer. Please choose another answer.

19.	One of the core ethical principles for paralegals states that all paralegals must demonstrate professional competence and personal integrity at all times. Which one of the following violates this rule?
		a. Accepting a gift from a client
		b. Meeting a client after hours for personal business
		c. Forming a personal relationship with a client
		d. Any of the above
All of the above examples are prohibited under ethics rules for lawyers and paralegals. Incorrect answer. Please choose another answer.

20.	A plaintiff will state the "relief" he or she is seeking in the complaint to the lawsuit.
		True
		False
The Complaint must contain: the names of the plaintiff and defendant, a statement of jurisdiction, a list of alleged violations by the defendant of the plaintiff's rights, and a prayer for relief which asks the court for damages or other remedy. Incorrect answer. Please choose another answer.

21.	Which of the following remedies for breach of contract must be included in the contract in order to be recoverable?
		a. Consequential Damages
		b. Compensatory Damages
		c. Attorney fees and costs
		d. Equitable relief
For a party to recover attorney's fees in US courts in a breach of contract action, there must have been a provision in the contract that authorizes it. Compensatory damages, consequential damages and equitable relief are remedies within the power of a court to give without any requirement that they be authorized by the contract. Incorrect answer. Please choose another answer.

22.	A number of events take place as part of discovery in a lawsuit. Which of the following is not one of them?
		a. Request for Production of Documents
		b. Motion to Dismiss
		c. Motion to Compel
		d. Admissions
A motion to dismiss may be based on the failure of the plaintiff to state a claim and is a motion based on the complaint. Such a motion is filed before discovery is conducted and the court only considers the complaint and asks whether the elements of the claim are stated and if the facts, as stated in the four corners of the document, support the claims made. If not, the court will dismiss the case as a matter of law. If the court finds that the elements of the claim have been stated and that facts are averred to support the claims, then the motion will be denied and the case proceeds to discovery. A motion to dismiss may also be filed during trial to ask the court to immediately grant a resolution to the case in favor of one party. Incorrect answer. Please choose another answer.

23.	After the parties sign a contract, a party finds that the contract fails to express the intention of the parties due to mutual mistake. The contract is rewritten to clarify and correct the errors. What is the proper name for this process?
		a. Reformation
		b. Recission
		c. Replevin
		d. None of the above
Reformation is a remedy under contract law. It is an equitable power of the court to modify a contract in order to reflect the original intention of the parties. It is used in usually two situations: when there are mistakes in the contract and when there are misrepresentations, either intentional or unintentional. Rescission is an equitable remedy and refers to the cancellation or termination of a contract to restore both parties to their pre-contract positions. One party is allowed to rescind the contract in a case where they were mistaken if the effect of the mistake is such that enforcement of the contract would be “unconscionable.” Replevin is a procedure where seized goods may be temporarily restored to their owner pending the outcome of an action to determine the rights of the parties involved. Incorrect answer. Please choose another answer.

24.	In an estate case, a paralegal may carry out confidential communications with the client's banks, insurance companies, brokerage firms, accountants and others, to collect asset information.
		True
		False
A paralegal can carry out confidential communications with a client's banks, etc. if the client has given the attorney permission to do so. The paralegal is acting on the attorney's behalf. It is within the scope of a paralegal's work to carry out such tasks during the routine process of collecting asset information. Incorrect answer. Please choose another answer.

25.	A judge has entered judgment and awarded damages to a client who incurred no financial losses as a result of the conduct underlying the case. What is the proper term for the kind of damages the judge has awarded?
		a. Compensatory damages
		b. Punitive damages
		c. Nominal damages
		d. Liquidated damages
Nominal damages signify there was a wrong done where there are little actual damages. They are awarded to the plaintiff when he or she wins their case. Punitive damages are meant to punish the guilty party in civil cases, typically where there is intentional or wanton and willful misconduct, such as in fraud cases. Compensatory damages are meant to compensate the injured party for a loss or injury. A liquidated damages clause provides a set amount of damages in case of breach, agreed upon by the parties in advance. Incorrect answer. Please choose another answer.

26.	A paralegal is most likely to inadvertently violate attorney-client privilege in which of the following circumstances?
		a. Sending an email to your boss that discusses details of the case and copying co-counsel
		b. Talking about your day in court at the bar with your friends
		c. Talking to the client on the phone while you are in an elevator with others
		d. Mailing discovery to opposing counsel
A duty of confidentiality is placed upon attorneys by the rules of professional conduct. Under this rule, an attorney may not reveal confidential information relating to the representation of a client unless the client consents, the attorney is required by law to reveal the information or if there is an exception to the duty. In both B and C, there is a chance of divulging client's confidential information, however, there is a greater chance of divulging confidential information in a public elevator while talking directly to a client versus in a social setting recounting your day in court. The paralegal should talk to the client in a private not public setting. Answers A and D are regular tasks of a paralegal. Incorrect answer. Please choose another answer.

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27.	An attorney asks you to check the validity of a case he cites in his brief. You Shepardize it. Which of the following case histories indicate that the case is no longer good law?
		a. The case was vacated on appeal.
		b. The case was distinguished on appeal.
		c. The case was followed but distinguished.
		d. The appellate court opinion vacating the case was overturned.
A case decision which is vacated on appeal renders the decision overruled. Sometimes the court will distinguish a case from another wherein they rule that the other court's decision should not be binding on the current case as the facts or law may not be applicable to the current case. This does not necessarily mean the other court's decision is wrong but that the two cases are distinguishable. Additionally, the court may follow the ruling of the other court but distinguish the reasoning behind the decision. When an appeals court ruling is overruled by a higher court, the original court case decision stands, rendering it good law. Incorrect answer. Please choose another answer.

28.	Under the laws of all 50 states, in a real estate closing, a notary cannot act both as a notary and as a witness to the signing of the documents.
		True
		False
A notary can act as both a witness to the signing of documents and notarize the documents in a real estate closing as long as it is not their own signature they are notarizing. Incorrect answer. Please choose another answer.

29.	A defendant in a civil action wants to file a claim against the plaintiff. What is proper name for this pleading?
		a. cross-claim
		b. answer
		c. counterclaim
		d. reply
A cross-claim is a claim brought by one defendant against another defendant in the same proceeding. An answer is the response the defendant gives to a claim filed against the defendant by the plaintiff. A reply is any document outside of court filings to a letter or inquiry. Incorrect answer. Please choose another answer.

30.	The "discovery rule" tolls the running of which of the following?
		a. The time to respond to a request for interrogatories.
		b. The statute of limitations
		c. The time to file an appeal.
		d. The statute of frauds
A statute of limitations sets a certain time after an injury occurs within which you must file suit. The “discovery rule,” is an exception to this deadline. It allows extra time for the plaintiff to file the claim if the plaintiff was unaware of the injury until after the deadline had passed. Under the discovery rule, the statute of limitations starts to run at the time the plaintiff either knew or could have reasonably found out that they had an injury caused by the defendant's negligence. Incorrect answer. Please choose another answer.

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