Practice Quiz

Paralegal Exam Prep - Question List

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51. Catherine is a lawyer representing a retired fireman. The fireman, along with ten other individuals, invested in a commercial real estate development. The development company was later sued by a bank after it defaulted on a construction loan, and the lender named all of the investors in the suit, claiming they were guarantors of the loan. The case is pending in federal court. After the suit was served, the fireman met with Catherine and briefly met Karla, Catherine’s paralegal. In the meeting, Catherine recommended that, instead of filing an answer to the complaint, a motion to dismiss be filed. The fireman accepted the recommendation, but did not really understand what that meant. Before he left, the fireman ran into Karla, and he stopped her long enough to ask her to explain motions to dismiss. Of the options listed below, what is Karla’s best approach to answering the client’s question?
  1. Advise the fireman that she cannot answer the question because she would be engaging in the unauthorized practice of law, but that she will see if Catherine is still available to answer his question.
  2. State that a motion to dismiss, under the federal rules, is a way of asking the judge to rule summarily on a party’s claim or defense as a matter of law because no facts are in question.
  3. State that a motion to dismiss, under the federal rules, can be filed before filing an answer to the complaint. It seeks to have a claim or party dismissed from the case because something about the complaint or its service is faulty.
  4. State that a motion to dismiss, under the federal rules, can be filed before filing an answer to the complaint. It seeks to have a claim against a party dismissed because it is frivolous.
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52. Kip is a paralegal for Lauren, an attorney who practices general business law and litigation. Lauren had a longtime client who sold his successful manufacturing business and retired to his ranch in a rural part of the state. Neither Lauren nor Kip have heard from the client for some time. One day, the client calls the office when Lauren is out of the office. The client explains to Kip that he has received a copy of a default judgment against him and a notice of judicial foreclosure on the ranch. He continues to explain that he is seriously ill with cancer and has needed extensive medical treatment. He then states that he does not remember being served with a lawsuit, and asks Kip what can be done. Of the options listed below, what is Kip’s best approach to answering the client’s question?
  1. Tell the client that he will inform Lauren of the call, but state that it’s unlikely anything can be done because the judgment has been entered.
  2. Tell the client that he will inform Lauren of the call, and state that a motion to set aside the judgment may be possible.
  3. Tell the client that he will inform Lauren of the call, and state that the plaintiff should have considered the client’s medical condition before obtaining default judgment.
  4. Tell the client that he will inform Lauren of the call, and offer to call the attorney for the plaintiff to see if the foreclosure can be stopped.
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53. Sheila is a paralegal who works for Paul, an attorney representing the plaintiff in a commercial-litigation case. As requested by Paul, a subpoena was issued and served on Ruf-n-Tuf Chainsaw Company, a third party to the lawsuit. Paul is only interested in the correspondence, including e-mail, between employees of Ruf-n-Tuf and the defendant. The subpoena set a deposition for Ruf-n-Tuf’s custodian of records for September 15, but included a standard letter stating that the deposition will not be necessary if Ruf-n-Tuf provides copies of the correspondence as requested. Is it necessary in this situation for Sheila to arrange for a court reporter just in case Ruf-n-Tuf would prefer an actual deposition?
  1. Yes.
  2. Yes, but only if Ruf-n-Tuf agrees to pay for the court reporter.
  3. No.
  4. No, unless the defendant objects and demands the deposition take place.
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54. Connor and Corey owned Club CoCo. Cam entered into a written agreement with Connor and Corey to rent Club Coco for a party. Cam hired a DJ and sold 500 tickets for the event. Two weeks before the date of Cam's party a fire destroyed Club Coco. Connor and Corey informed Cam about the fire. Cam immediately sued Connor and Corey, demanding that they make Club CoCo available for his party or pay damages. Will Cam win or lose?
  1. Cam will lose because Connor and Corey are excused from performance of the contract based on impossibility of performance.
  2. Cam will win because the fire was not his fault.
  3. Cam will win because he relied on the availability of Club Coco when he hired a DJ and sold 500 tickets.
  4. Cam will lose because Connor and Corey gave Cam enough time to find another venue for his party.
  5. Cam will lose because there is no evidence that Connor and Corey's negligence caused the fire.
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55. Death or illness, change in law, destruction of subject matter, and apprehension of danger are all bases for:
  1. Demanding performance under a contract.
  2. Changing the terms of a contract.
  3. Declaring performance of a contract impossible.
  4. A, B, and C.
  5. B and C.
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