QUESTION 27

1.True or False:Engaging in passive listening during the interview is important to building good rapport.

a.

True

b.

False

QUESTION 28

1.True or False:Slang or jargon used by the witness during an interview should be clarified by the interviewer the moment the term is used rather than waiting until the end of the interview.

a.

True

b.

False

QUESTION 29

1.True or False:Tact is valuable during the interview process, particularly when it comes to discussing uncomfortable events.It is best to avoid the termrapewhen interviewing a client who just experienced a near rape incident.

a.

True

b.

False

QUESTION 30

1.Jane is a paralegal with the firm of Smith &Jones, where she has worked for the six months since her graduation.Alice Batch, her supervisor, is reputed to have dismissed three employees in the past year for poor performance.Alice, however, also tends to be somewhat brusque in her dealings with clients and staff members alike.In Jane's view, the tasks give to her since her employment (photocopying, running errands, and relaying messages to her clients) could be done by a first-year paralegal student; and she is eager to have more challenging projects.Which of thefollowing optionsis Jane's best alternative?

a.

Be patient and do nothing

b.

Try to draft the preliminary prospectus for a public stock offering contemplated intheSimpson case, since Jane knows this must be completed by Friday.

c.

Ask Alice for a project that will allow Jane to use her drafting or organization skills

d.

Inform Alice's supervisor that Alice is not using Jane's skills effectively.

QUESTION 31

1.Jack's supervising attorney, Harry, is out of the office for the rest of the week,taking depositions in another city.Jack is very busy, however, summarizing documents in preparation for depositions that will be taken next week.One of the senior partners appears in Jack's office and says, "Since Harry is out of town, I want you to help me by calling potential contributors for the United Way Campaign."Which of the following is the worst response for Jack to give?

a.

Harry asked me to summarize these documents for next week's depositions;but if you want me to stop now,I will be happy to help with the calls.

b.

Harry asked me to summarizethesedocuments for next week'sdepositions, but that can wait.

c.

Harry asked me to summarize these documents for next week's depositions, but I will be happy to help when I am finished with this project.

d.

The fact that Harry is out of town does not mean that I have nothing to do.

QUESTION 32

1.The attorney for whom Joe works is extremely unorganized and undisciplinedabout the way in which he uses his time. It seems to Joe that the lawyer frequently talks on the telephone for days at a time.During those periods, Joe is able to work at an easy pace.Then, without warning, the lawyer decides to attack the paper mountains with a vengeance, and he expects Joe to keep pace with him for two or three days until the lawyer is caught up.Joe, on theother hand, is left with mountains of paper, all with a due date of yesterday.Joe finds the practice unsettling, but he has not been able to motivatethe lawyerto use time in a better way.Which of the following represents the best option for Joe?

Find a position in another firm as soon as possible.

Adjust

Let the attorney know that no reasonable person could work under this type of stress forever.

At the next firm meeting,suggest a workshop or seminar on time management for all of the lawyers.

vhQUESTION 35

1.All Protagonists favored restoration of the monarchy.Some Protagonists favored the maintenance oftyrannyif the only alternative was democracy.Any Positivist favoring the maintenance oftyrannydid so because he opposed the restoration of a monarch.All Positivists prefer a democracy.

A Protagonist could not adopt which of the following positions?

a.

I favor the maintenance of tyranny over the monarchy.

b.

I favor a monarchy over tyranny.

c.

I favor democracy over tyranny.

d.

If a democracy is the only other alternative,I favor the monarchy.

QUESTION 36

1.Although alcohol seems to make a person sleepy, it is anti-sopoforic.The logic of this statement is most closely paralleled by the logic of which of the following?

a.

Although some people still believe in God,many people have accepted science as supreme.

b.

Although sea water will not quench thirst,it will extinguish fires.

c.

Although dry ice seems to burn the skin of those who touch it, it is quite cold.

d.

All states have a capital.Providence is the capital ofRhodeIsland.Therefore,RhodeIsland is a state.

QUESTION 37

1.A cryptographer intercepted an enemy message that is in code.He knows that the code is a simple substitution of numbers for letters.Which of the following will be least helpful in breaking the code?

a.

Knowing the frequency with which the vowels of thelanguageare used.

b.

Knowing the frequency with which two vowels appear together in the language.

c.

Knowing the frequency with which odd numbers appear relative to even numbers in the message

d.

Knowing every word in the language that begins with the letter r.

QUESTION 38

1.A television advertisement stated, "For fast, fast, fast relief of pain, take Slammer.Per dose, Slammer has twice as much of the pain reliever most recommended by doctors as any other brand of product."Which ofthe following most weakens the argument of the advertiser?

a.

The pain reliever contained in Slammer is simple asprin.

b.

Most doctors do not recommend Slammer.

c.

The body can absorb only one-fourth of the painrelievercontained in Slammer.

d.

Slammer costs twice as much as any other brand.

QUESTION 39

1.The protection of property rights by theConstitution is tenuous at best.It is true that the Fifth Amendment states that a government may not take privatepropertyfor public use without compensation, but it isthegovernment that defines private property.It may be inferred that the author believes which ofthefollowing?

a.

Individual rights protected by the Supreme Court are secure againstgovernmentinfringement.

b.

Private property is neither more nor less than that which the government says is private property.

c.

The government has no authority to deprive an individual of his or her liberty.

d.

No government that acts arbitrarily can be justified.

QUESTION 40

1.Jane is a rehabilitation nurse working with individualswhohave been injured on the job.Her brother and sister recently graduated from law school and opened their own firm specializing in workers' compensation and personal injury.Looking for sources of referral, the lawyers propose to Jane that every patient referred to them, they will pay Jane ten percent of any fee collected as a "finder's fee."Which of the following is most accurate?

a.

This is permissible because Jane is not part of the law firm.

b.

This is an acceptable practice because the lawyers have a financial obligation to the client to represent the client zealously; thus, the lawyer is motivated to seekthelargest recovery for the client.

c.

The lawyers cannot fee split with nonlawyers.

d.

If Jane had been employed by the law firm as a nurse-paralegal,splitting the fee would be acceptable.

QUESTION 41

1.True or False.It is permissible for a lawyer to draft a document,such as a will or trust,under which he or she will receive a gift.

a.

True

b.

False

QUESTION 42

1.A longstanding client of the firm callstheparalegal, informing him thatthesupervising lawyer had agreed to make a will for her.However, during their conversation, the client forgot to ask the amount of the fee for preparing the will.The client asks the paralegal.How should the paralegal respond?

a.

The last will prepared by AttorneyBeatoncosttheclient $125.Your situation is similar so the feeshouldbe about the same.

b.

The firm's fee schedule indicates that simple wills are $100.

c.

AttorneyBeatonwill return yourcall after lunch to quote you a fee.

d.

Being a paralegal,I am prohibited by law from discussing the fee with you.Let me ask AttorneyBeatonto return your call.

QUESTION 43

1.A paralegal moves from one law firm to another.A conflict-of-interest check is made after employment is offered to the paralegal but before the paralegal moves to the new firm.The new firm discovers a conflict with the firm where the paralegal is employed.What is the best approach to address this dilemma?

a.

The new law firm should withdraw its offer of employment.

b.

The new law firmshouldcontactthe supervising attorney of the paralegal after obtaining permission from the paralegal, inform the attorneyofthe offer of employment to the paralegal, and propose a plan for isolating the paralegal fromthecase at the new firm.

c.

Discuss the implications with the paralegal and establish a Chinese Wall at the new firm.

d.

The new law firm should explain to the paralegal that he or she will not be working on any existing files but will have responsibility only for new matters.

QUESTION 44

1.True or False:If a client pays a retainer to a lawyer, the lawyer cannot remove any of the funds, except for advanced costs, from the client trust account until the case is complete.

a.

True

b.

False

QUESTION 45

1.True or False.If a client files a malpractice claim against his or her attorney, the attorney may useconfidential communication gained while representing the client to defend the malpractice action.

a.

True

b.

False

QUESTION 46

1.True or False.It is permissible for a paralegal to negotiate a settlement up to a certain reasonable amount if authorized by an attorney.

a.

True

b.

False

QUESTION 47

1.True or False.Under the ABA Model Rules of Professional Conduct, there is a precise definition for the "practice of law."

a.

Ture

b.

False

QUESTION 48

1.True or False.The fee arrangement between a lawyer and a client is privileged information.

a.

True

b.

False

QUESTION 49

1.Although the lawyer is responsible for making decisions concerning legal strategies,the client must be included in thedecision-making process concerning

a.

acceptance of a settlement

b.

incurring extraordinary expenses

c.

third parties who may be adversely affected

d.

all of the above

QUESTION 50

1.Contingency fees are prohibited in cases involving

a.

divorcce

b.

personal injury

c.

criminal charges

d.

both a&c

QUESTION 51

1.True or False.Learning the client is guilty afterhtecriminal action has been initiated is a valid basis for withdrawing representation.

a.

True

b.

False

QUESTION 52

1.True orFalse.It is proper to bill the client for paralegal time in collating and photocopying trial exhibits.

a.

True

b.

False

QUESTION 53

1.True or False.Office politics should be avoided.

a.

True

b.

False

QUESTION 54

1.Trueor False.Probing the client or the witness during an interview is unprofessional and should be avoided.

a.

True

b.

False

QUESTION 55

1.True or False.C.J.S.uses the West key number system.

a.

True

b.

False

QUESTION 56

1.True or False.Statutes are published as session laws at the close of each legislative term.

a.

True

b.

False

QUESTION 57

1.True or False.TheFederalSupplement contains only selected decisions of federal district courts across the country.

a.

True

b.

False

QUESTION 58

1.Annotations and summarized briefs of counsel are hallmarks of the Supreme Court.

a.

True

b.

False

QUESTION 59

1.True or False.A researcher should cite to the most recent digest where a particular case summary is found.

a.

True

b.

False

QUESTION 60

1.True or False.Murray on Contractsis a treatise.

a.

True

b.

False

QUESTION 61

1.True or False.TheSupreme CourtReports is an official publication.

a.

True

b.

False

QUESTION 62

1.True or False.TheFederalSupplement is an official publication.

a.

True

b.

False

QUESTION 63

1.True or False.TheUnited States Reportsis an official publication.

a.

True

b.

False

QUESTION 64

1.True or False.United States CodeServiceis an official publication.

a.

True

b.

False

QUESTION 65

1.The primary finding tool for case law,either state or federal,is

a.

a digest

b.

an index

c.

Shepard's Citations

d.

encyclopedias

QUESTION 66

1.If a researcher wants to check the current status of a case, he or she should use

a.

a supplement

b.

Shepard's Citations

c.

both of the above

d.

none of the above

QUESTION 67

1.U.S.Reports contains

a.

a syllabus of the court

b.

references to other sources

c.

summaries of briefs of counsel

d.

all of the above

QUESTION 68

1.A.L.R.is

a.

filled with key number references

b.

filled with extensive selected annotations

c.

an official publication

d.

an encyclopedia

QUESTION 69

1.True or False.A statutory code is arranged by statute number.

a.

True

b.

False

QUESTION 70

1.True or False.Judges of the federal district court are appointed by the president, with approval by the Senate.

a.

True

b.

False

QUESTION 71

1.True or False.Civil law has existed since before the time of Christ.

a.

True

b.

False

QUESTION 72

1.True or False.One who seeks a patent may do so under federal law and under the state law of most states.

a.

True

b.

False

QUESTION 73

1.True or False.If it chose to do so,Congress could eliminate the U.S.Court of Appeals.

a.

True

b.

False

QUESTION 74

1.The U.S.Supreme Court may hear appellate cases by

a.

writ of certiorari

b.

appeal of right

c.

writ of mandamus

d.

two of the above

QUESTION 75

1.At a minimum,procedural due process requires

a.

procedural rules that are fundamentally fair

b.

a fair hearing

c.

notice and an opportunity to be heard

d.

rules that are neither arbitrary nor capricious

QUESTION 76

1.If Kentucky wishes to file suit against Tennessee for violation of an interstate compact,the suit may be filed inthe

a.

U.S.Supreme Court

b.

U.S.District Court

c.

state court of either Kentucky or Tennessee

d.

any one or more of the above

QUESTION 77

1.True or False.Rules adopted by administrative agencies are classified as statutory law.

a.

True

b.

False

QUESTION 78

1.True or False.The legal doctrine that prevents the same issues from beingrelitigatedbetween the same parties is res gestate.

a.

True

b.

False

QUESTION 79

1.True or False.A person who commits murder may be prosecuted either in federal court or in state court.

a.

True

b.

False

QUESTION 80

1.True or False.The principle of staredecisisprevents a court from deviating from rules of precedent set in prior cases.

a.

True

b.

False

QUESTION 81

1.True or False.The termoriginaljurisdiction is used to signify that more than onecourt has the power to conduct a trial of a particular case and to render a decision on the merits.

a.

True

b.

False

QUESTION 82

1.True or False.Stock issued for less than par value is known as watered stock.

a.

True

b.

False

QUESTION 83

1.True or False.A stock split decreases the total number of outstanding shares without distributing corporate assets.

a.

True

b.

False

QUESTION 84

1.True or False.Insulating owners from a defectively formed corporation is known as the doctrine to corporation by estoppel.

a.

True

b.

False

QUESTION 85

1.True or False.Dividends are declared by stockholders.

a.

True

b.

False

QUESTION 86

1.Profits left in the corporation will be reported as ____________ on the balance sheet of thecorporation.

a.

paid-in capital

b.

capitalsurplus

c.

retained earnings

d.

undeclared dividends

QUESTION 87

1.True or False.Under the U.C.C., if a merchantoffereeadds terms to an offer before acceptance, the new terms will become part of the contract unless theofferorobjects within a reasonable time.

a.

True

b.

False

QUESTION 88

1.True or False.In certain circumstances,the U.C.C.may be applied to real estate sales transactions.

a.

True

b.

False

QUESTION 89

1.True or False.In general,the U.C.C.requires contracts for the sale of goods valued in excess of$250to be in writing to be enforceable.

a.

True

b.

False

QUESTION 90

1.True or False.As a general rule,only a non-breaching party may recover contract damages.

a.

True

b.

False

QUESTION 91

1.True or False.Contracts for the sale of land must be in writing to be enforceable.

a.

True

b.

False

QUESTION 92

1.True or False.Boarding a bus and putting money in the slot without saying anything is a type of quasi contract.

a.

True

b.

False

QUESTION 93

1.True or False.All relevant evidence is admissible unless otherwise provided by the Constitution, by statute,by the Federal Rules of Evidence, or by some other primary authority.

a.

True

b.

False

QUESTION 94

1.True or False.Hearsay evidence is not admissible unless a specific exception exists under the Federal Rules of Evidence.

a.

True

b.

False

QUESTION 95

1.True or False.Evidence that a defendant offered to compromise a claim is not admissible to prove liability in a lawsuit concerning the same claim.

a.

True

b.

False

QUESTION 96

1.Which of the following tasks is a paralegal not likely to perform?

a.

draft proposed questions for a deposition

b.

attend a deposition

c.

ask questions at a deposition

d.

digest and summarize a deposition

QUESTION 97

1.Civil actions in the federal courts use which of the following forms of pleading?

a.

code pleading

b.

fact pleading

c.

notice pleading

d.

federal rules of pleading

QUESTION 98

1.At the conclusion of a federal civil trial,a party may,in certain circumstances,ask the court to"overrule"the jury verdict by requesting a

a.

new trial

b.

judgment notwithstanding the verdict

c.

directed verdict

d.

judgment as a matter of law

QUESTION 99

1.True or False.A motion for new trial is a prerequisite for appeal in federal court.

a.

True

b.

False

QUESTION 100

1.True or False.A statute of frauds provides that unless a cause of action is filed within a stated period of time,it is barred forever.This is to prevent fraud by a would-be plaintiff.

a.

True

b.

False