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Paralegal PCCE CORE Test Prep - Question List

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36. If George’s Household Appliance Store sells a new washing machine to Kramer on credit, and Kramer fails to keep up the payments, George’s may seek ______________ against Kramer.
  1. Ejectment.
  2. Eviction.
  3. Provisional remedies.
  4. Replevin.
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37. Marshall is a paralegal working for Larry, a sole practitioner who practices in estate planning, probate, and estate taxation. Axel and Mary are a married couple who hired Larry to prepare an estate plan, including wills and a trust agreement. Axel and Mary have one adult child. After Larry and Marshall met with Axel and Mary about their estate plan, Marshall began preparing the wills and the trust agreement. At that point, Axel called Marshall and wanted to change the instructions he had given for his will. Axel stated that he had fathered another child with another woman after he married Mary. Axel wanted to give $30,000 to the child in his will, but does not want Mary to know about the gift. From the options listed below, what is Marshall’s best response?
  1. Accept the request and make the revision because Marshall is an experienced estate planning paralegal and knows Axel from the meeting with Axel and Mary.
  2. Advise Axel that he can only accept the requested change if Mary agrees to it.
  3. Advise Axel that he can only accept the requested change if Larry agrees to it and see if Larry is available to speak with Axel.
  4. Advise Axel that his request creates a conflict of interest between Axel and Mary, that Larry may not be able to continue representing both, and that he should speak with Larry.
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38. Which of the following is NOT a right guaranteed under the Fifth Amendment?
  1. Right to just compensation when private property is taken.
  2. Right to due process of law.
  3. Freedom from compelled self-incrimination.
  4. Right prohibiting excessive bail or fines.
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39. Under Rule 33 of the Federal Rules of Civil Procedure, a party may serve on another party “no more than 25 interrogatories, including all discrete subparts.” Patty is a paralegal at a large law firm and is working with Sharon, a senior partner, and Jill, an associate, on a commercial-litigation case. Sharon asked Jill to draft interrogatories that will be served on the opposing party. Jill drafts 28 interrogatories and asks Patty to proofread and prepare a final draft. Patty prepares the final draft, but tells Jill the total number of interrogatories exceeds the number permitted under Rule 33. Jill then revises the interrogatories by making some interrogatories subparts of other interrogatories, so that the total number of interrogatories is 25, excluding subparts. From the options listed below, what is Patty’s best approach to this situation?
  1. Proofread and prepare a final version of the interrogatories and present them to Sharon.
  2. Begin looking for another job because working with Jill is too risky.
  3. Advise Jill that the presumptive limit is inclusive of subparts.
  4. Report Jill’s rule violation to Sharon.
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40. Buyer entered a contract with Seller for the purchase of real estate. In the county records, the land in question is divided into two lots - Parcel 1 and Parcel 2. When the transaction closed, the Seller signed the deed conveying the property believing that she was selling only Parcel 1. She later discovers, however, that the legal description attached to the deed covered both Parcel 1 and Parcel 2. Seller then sues Buyer claiming that the legal description was changed after she signed the deed. This situation is most analogous to which of the following scenarios?
  1. A camping enthusiast purchased a new tent from an outdoor gear retailer. The manufacturer’s label on the tent warranted that the tent could be used in temperatures as low as 30 degrees Fahrenheit, but the tent failed to stay warm in cold weather. The enthusiast sued.
  2. A homeless person trespassed on a landowner’s land and sustained an injury to his leg after encountering a visible and obvious hazard. The homeless person sued the landowner.
  3. A car dealer special ordered a new car from the factory according the buyer’s specifications, including 350 HP engine. After the car arrived and the dealer sold it to the buyer, buyer discovered that the car had only a 300 HP engine. Buyer sues dealer.
  4. A trespasser breaks into an abandoned farmhouse on rancher’s rural property in Nebraska and is injured when a rotted floorboard gives way. The trespasser then sues the rancher.
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