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Paralegal PACE Practice Test Questions - Question List

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56. Peter Plaintiff was walking down the sidewalk next to Dagmar’s Microbrewery. As he passed under an open window on the second floor of the brewery, Peter was hit by a falling barrel that caused serious injury to his head and arm. Peter filed a negligence action against Dagmar’s Microbrewery. At trial, Dagmar’s Microbrewery admits that the barrel was from the microbrewery and that Dagmar’s Microbrewery owed a duty of care to others under negligence law. Peter also offers evidence of his injuries and medical expenses. Peter was unable to offer any other evidence. From the answer choices below, what additional evidence would be most helpful to completing Peter’s negligence claim?
  1. That the barrel was under the control of Dagmar’s Microbrewery and that it fell as a result of an employee’s carelessness.
  2. That Dagmar’s Microbrewery is responsible for the acts of its employees under the doctrine of respondeat superior.
  3. That Dagmar’s Microbrewery is the manufacturer and owner of the barrel.
  4. That Dagmar’s Microbrewery intended to use the barrel to store and transport its product.
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57. Which of the following sentences correctly uses the present tense?
  1. Carter will owe a duty of care to Peter because Carter will be driving on Highway 5 and Peter will be riding his bicycle on Highway 5.
  2. Amber owed a duty of care to Phil because Amber invited Phil onto her property for the birthday party.
  3. Miguel owes a duty of care to Anna because Miguel drives his car on the road and Anna walks on the side the road.
  4. George has owed a duty of care to Jerry because George has driven on a road when Jerry was a pedestrian on the road.
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58. Camille is a paralegal who just started working for attorney John Baxter. John practices mainly in personal injury and civil litigation, but Camille has never worked in litigation before. In the Tran case, John filed a motion for summary judgment about three months ago. The defendant filed a response to the motion, and John then filed a reply. As such, the motion for summary judgment is fully briefed. John has now asked Camille to call the judge’s office and find out if the hearing date has been set-and if it has not been set, work out a hearing date with the court and the defendant’s attorney. The rule on ex parte communications prevents attorneys from speaking with the judge or the judge’s staff about a case unless the opposing counsel is present. Can Camille call the court as requested?
  1. No, because the rule prohibits any ex parte communication with the judge or judge’s staff, including communications by an attorney’s employee.
  2. No, unless Camille gets someone from the opposing counsel’s office on the line in a conference call with the judge’s office.
  3. Yes, because the rule on ex parte communications does not prohibit routine communications by staff on procedural matters, such as scheduling.
  4. Yes, because Camille’s employer has authorized her to call the judge’s staff.
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59. When a text includes a long quotation, the block quotation format is followed that places the quotation after a colon and in a separate paragraph that is indented from each margin, without quotation marks. What is the length of a quotation that requires block quotation?
  1. 25 words or more.
  2. 40 words or more.
  3. 50 words or more.
  4. 75 words or more.
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60. Which of the following correctly uses a dash?
  1. John saw his-red-car rolling down the hill.
  2. The first ten amendments to the Constitution-the Bill of Rights-protects citizens.
  3. We must protect freedom of speech-it is our birthright.
  4. All of the above.
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