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Paralegal Exam
| Question | Answer |
|---|---|
| Does not constitute the unauthorized practice of law for a paralegal? | Interviewing clients. What would be is appearing in court, giving legal advice, and setting legal fees. |
| A paralegal is authorized to? | Witness the execution of a will. Can not give legal opinion, establish standard fees, or waive a conflict of interest. |
| It is the responsibility of the ________________ to discuss the fee agreement with the client? | Lawyer. Not a paralegal, secretary, or office manager. |
| When investigating a case for trial, a paralegal may not speak to? | The adverse party who is responsible. Allowed: The employer of the adverse party, opposing counsel, and the judge's clerk. |
| Court of original jurisdiction for misdemeanors is | Criminal District Court |
| How long does a defendant have to answer if served by certified mail? | 33 days |
| Correspondence relating to a client's case should be? | In a correspondence subfile for the client's case |
| Which task may a lawyer not delegate to a paralegal? | Establishing the lawyer-client relationship. Fine to prepare a standard document, filing docs with the courts or agencies, and handling procedural or administrative matters. |
| If a civil defendant does not answer a complaint by the deadline for responding, the plaintiff can ask for: | A default judgment. |
| A Notary Public's function in a deed is to ___________ the signature of each grantor. | Acknowledge |
| When the Register of Deeds probates a document: | The notarial acknowledgment is reviewed for specific elements |
| What is listed on a Civil Summons | Defendant's address, Plaintiff's lawyer's address, County where the action is being filed. NOT - a date of birth |
| Every document that is required to be served subsequent to the complaint must contain: | A certificate of Service |
| A contract is considered executed when: | All promises or duties have been carried out |
| To modify a child custody order, one party must show: | Substantial change in circumstances |
| Novation | The substitution of a new contract for an old one. The new agreement extinguishes the rights and obligations that were in effect under the old agreement |
| A gift of personal property by will is called: | A bequest |
| Name a secondary source | A North Carolina law review article. NOT a NC case, a NC general statute, or NC constitution |
| Records for all NC corporations and those foreign corporations authorized to do business in this state are found in the: | Office of the Secretary of State |
| Circumstances under which lawyers/paralegals cannot represent a particular client: | Confidentiality, conflicts of interest, and privilege. |
| It is the responsibility of the ____________ to discuss the fee agreement with the client | Lawyer |
| Where can deed information be found? | Register of Deeds |
| The court of original jurisdiction for misdemeanors is | Civil District Court |
| Civil Superior Court hears | only civil matters |
| Criminal District Court is the jurisdictions for | misdemeanors |
| Criminal Superior Court is for | some high level misdemeanors |
| Where are litigation and estate documents filed | Clerk of Court |
| Where are corporate documents filed? | Secretary of State |
| If a civil defendant does not answer a complaint by the deadline for responding, the plaintiff can ask for? | Default judgement |
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