Practice Quiz

Paralegal PCCE CORE Test Prep - Question List

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21. Which of the following is a correct citation to section (b) of Rule 12 of the Federal Rules of Civil Procedure?
  1. F.R.C.P. Rule 12(b).
  2. F.R.C.P. 12(b).
  3. Fed. R. Civ. P. 12(b).
  4. Fed. R. Civ. P. 12(b) (2012).
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22. A husband and a wife are involved in divorce proceedings. A question arises regarding the method for valuing the wife’s business. After an appeal to the state supreme court, a decision was issued that was favorable to the wife. Can the husband appeal to the United States Supreme Court?
  1. Yes.
  2. Yes, if the legal question involves a matter of state law.
  3. No.
  4. No, unless the legal question involves a matter of state law.
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23. On June 1, Art Dealer mailed an offer to Collector. The offer, which was received on June 3, offered to sell a painting to Collector. On the same day he received the offer, Collector mailed an acceptance of the offer to Art Dealer. On June 5, Collector called Art Dealer and told him that he had mailed an acceptance, but was calling to revoke it. On June 6, Art Dealer received the acceptance. Under the Mailbox Rule, an acceptance is effective when mailed. However, an exception exists if a revocation of the acceptance is received by the offerer before the acceptance is received. On the facts above, was Collector’s acceptance effectively revoked?
  1. Yes, because Collector called and told Art Dealer he was revoking his acceptance on June 5.
  2. Yes, because Collector called and told Art Dealer he was revoking his acceptance.
  3. No, because Collector mailed an acceptance on June 3, so the acceptance was effective on June 3, before the revocation.
  4. No, because an acceptance cannot be revoked.
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24. Millie is a paralegal who works for John, a family law attorney. One day, Millie gets a frantic call from Sally, one of John’s clients. Sally says that John’s secretary sent a copy of a notice of deposition by e-mail. Sally is a bit upset because she does not know what a deposition is and is afraid she will have to attend the deposition alone. Of the options listed below, what is the Millie’s best approach to answering Sally’s question?
  1. Explain that a deposition is an important proceeding that takes place before trial and that the judge can sanction Sally if she does attend or cooperate with the other attorney.
  2. Explain that a deposition is not unusual and that John will be attending the deposition with her. Then explain that a deposition is how lawyers take a party’s or witness’s testimony under oath, so they know how the person will testify at trial.
  3. Explain that Sally should speak with John and that John will need to know that the deposition has been scheduled, so he can speak with her after the deposition. Then explain that a deposition is how lawyers take a party’s or witness’s testimony under oath, so they know how the person will testify at trial.
  4. Explain that Sally should speak with John because depositions are highly unusual and rarely used by attorneys and that John may want to file a motion for a protective order.
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25. For purposes of understanding case law, the term “en banc” means _______________________.
  1. In the bank; the opinion resolved a dispute regarding the meaning of a law.
  2. In the bank; the identity of the judge who authored the opinion has not been given.
  3. In full court; a new trial was conducted before the judges on the appellate panel.
  4. In full court; all judges on a particular court of appeals participated in the decision.
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