Paralegal Exam Prep - Question List

Select how would you like to study

11. Which of the following is a correct citation to an opinion issued in 2011 by the U.S. District Court for the District of Arizona, in the case of AIRFX.com and Marc Lurie v. AirFX LLC, which has not been published but is available on LexisNexis under Lexis No. 121772, if cited in a pleading, motion, or appellate brief?
  1. AIRFX.com & Lurie v. AirFX LLC, 2011 LEXIS 121772 (D. Ariz. 2011).
  2. AIRFX.com v. AirFX LLC, 2011 LEXIS 121772 (D. Ariz. Oct. 20, 2011).
  3. AIRFX.com v. AirFX LLC, LEXIS 121772 (D. Ariz. Oct. 20, 2011).
  4. AIRFX.com v. AirFX LLC, 2011 LEXIS Doc. No. 121772 (D. Ariz. Oct. 20, 2011).
12.

Joe is a paralegal who has worked for an estate planning attorney for seven years and has become acquainted with many of the attorney's clients, and in some cases, the client's family members. A wealthy, longtime client, Alice, met with the attorney to update her estate plan. After discussion, Alice and the attorney decided to prepare an entirely new estate plan. The new estate plan will disinherit Alice's grandchild, Courtney, because she is dating Peter, an unemployed gambling addict. The attorney asks Joe to prepare initial drafts of Alice's new estate plan. Joe knows Courtney because Alice once asked Courtney to assist on a title transfer matter. As he is preparing the draft, Joe receives a call from Courtney. Courtney explains that she spoke with Alice and that Alice has changed her mind about the disinheritance. Courtney claims that Alice instructed her to call Joe and change the estate plan so that Courtney receives the same as all other grandchildren. From the options listed below, what is Joe's best response?

  1. Follow Courtney's instructions and change Alice's estate plan.
  2. Tell Courtney that he can only speak to Alice herself about the estate plan and then inform his employer of Courtney's call.
  3. Tell Courtney that she is trying to steal from her grandmother and hang up.
  4. Tell Courtney that she must break off her relationship with Peter.
13.

Bill works for the law firm of Matheson & Gilbert, which mainly focuses on commercial transactions and litigation. Bill, who was hired only one month earlier, has been assigned to work on the Miller lawsuit. Sandra Jackson, a junior partner in the firm, is the primary attorney on the Miller case, but Bill is aware that George Wilson at the Lewiston firm is co-counsel on the case. Bill gets a telephone call from Jill, who states she is a paralegal at the Lewiston firm. Jill then says that George Wilson would like a copy of the most recent draft of a motion that Sandra is working on in the Miller case and asks that Bill fax or e-mail a copy. Bill does not know Jill and has never communicated with anyone at the Lewiston firm. Can Bill fax or e-mail a copy of the draft without Sandra's permission?

  1. Yes, because Bill knows George Wilson is co-counsel on the case, but as a recently hired employee, Bill could also politely check with Sandra.
  2. No, because all matters pertaining to a client's case are confidential and cannot be shared with anyone outside the office, except for filings with the court.
  3. Yes, but only if he first contacts George Wilson and confirms that Jill is an employee of the Lewiston firm.
  4. No, because Jill must ask Sandra for the copy to be faxed or e-mailed.
14.

Penny is a paralegal working for Leonard, who is an attorney licensed in the state of Hysteria. Leonard has filed suit on behalf of Vicki, who was seriously injured when a car driven by Denise collided with Vicki's car. After the suit was filed, Leonard instructed Penny to have the complaint and summons served on Denise. Penny prepared the complaint and summons for service and made arrangements with a process server for service on Denise. The process server went to the address listed on Denise's driver's license, which had been recorded by the police at the time of the accident. A teenage girl answered the door, but she confirmed that both she and Denise resided at that address. Denise never filed an answer to the complaint and later claimed that service of process was improper. Under the laws of Hysteria, one of the proper methods of service of process is to leave the complaint and summons at the defendant's last and usual abode, with a person residing there who is of suitable age (at least age 12) and discretion. If Penny needs to confirm that service of process was proper, what other information does she need?

  1. Whether the teenage girl resided at the address on Denise's driver's license.
  2. Whether the teenage girl was of suitable discretion.
  3. Whether the teenage girl was at least 12 years old.
  4. Nothing, because service of the complaint and summons was proper.
15.

In 1905, the owner of an early automobile, who lived in Florida, drove his car into Alabama. While in Alabama, the driver had trouble slowing the vehicle and ran into the back of a horse-drawn wagon, causing damage. The owner returned to Florida, and the wagon owner filed suit in Alabama state court. The wagon owner's lawyer and the court could not find any statute or case law that established a precedent for personal jurisdiction over the defendant. This is an example of __________________.

  1. Stare decisis
  2. A controlling precedent
  3. A case of first impression
  4. A case of last impression

Select how would you like to study