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Paralegal PCCE CORE Test Prep - Question List

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41. Which of the following sentences does NOT correctly capitalize the reference to a governmental body?
  1. The federal government regulates interstate transportation.
  2. The state government regulates workers’ compensation matters.
  3. The state was liable for the plaintiff’s injury sustained while in Black Hawk State Park.
  4. None of the above.
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42. Under the Code of Ethics and Professional Responsibility, a paralegal must NOT _______________________________.
  1. Attend real estate sales closings or hearings or trials with a supervising or employing attorney.
  2. Engage in conduct that would involve a supervising or employing attorney in a violation of professional ethics.
  3. Disclose any actual or potential conflicts of interest to an employer or potential employer.
  4. Maintain a high degree of competency through continuing legal education and training in professional ethics.
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43. A paralegal worked for a three-attorney law firm. As a long-time employee of the firm, the paralegal had become acquainted with many of the firm’s clients, including representatives of several corporate clients. After several years driving the same car, the paralegal decided it was time to purchase a new car and began visiting dealerships. One of the firm’s clients was a car dealership, and she stopped by the client’s premises to look at cars. While at the dealership, the owner and president of the dealership recognized her and offered to give her a fifty-percent discount on a brand new car. Can the paralegal accept the offer without doing anything further?
  1. Yes, because the ethical prohibition on entering business transactions with clients does not apply to paralegals and other support staff.
  2. Yes, because a business transaction with a client does not create a conflict of interest under the Model Rules.
  3. No, because the Model Rules require paralegals and support staff to obtain written permission from their employers before entering a transaction with a client.
  4. No, because the Model Rules prohibit entering business transactions with clients unless the client gives informed consent in writing.
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44. Gary Goodwin is a partner in Steinway, Goodwin & Iverson. He represents Bill Smith, a defendant in a lawsuit filed by his brother, George Smith. The litigation has been very contentious. George is represented by Alex Philbin, who has a reputation for being a “junkyard dog” litigator. As part of the discovery process, the parties agreed to allow Philbin and a forensic accountant visit Bill’s office and review the original accounting records kept by Bill in a joint venture with George. Deena is a paralegal at Steinway, Goodwin & Iverson and working on the Smith case with Gary. On the morning of the visit to Bill’s office, the receptionist calls Deena and frantically explains that Mr. Philbin is on the phone and very angry. He is saying something about Bill Smith not letting him look at the documents. The receptionist explained that Gary is in a meeting, but Philbin is claiming Bill Smith is in breach of a discovery agreement. The receptionist wants Deena to take the call. In speaking to Mr. Philbin, what is the best approach for Deena to take?
  1. Explain to Philbin that he is being rude and cannot expect Gary to interrupt a meeting whenever he calls; if Philbin persists, suggest that he file a discovery motion with the court.
  2. Speak to Philbin in a calm voice and explain that Gary will return the call as soon as possible; if Philbin persists, offer to interrupt the meeting and ask if Gary will take the call.
  3. Speak to Philbin in a calm voice and explain that Gary cannot be interrupted for any reason.
  4. Speak to Philbin in a calm voice and present a case for why Bill Smith is not in violation of the discovery agreement.
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45. Under Rule 68 of the Federal Rules of Civil Procedure, a plaintiff would be required to pay the defendant’s costs after the date an offer of judgment was served if (1) the defendant made an offer of judgment, (2) the offer was not accepted, and (3) the judgment obtained by the plaintiff “is not more favorable than the unaccepted offer.” If a defendant in a personal injury case served an offer of judgment on the plaintiff in the amount of $15,000, the plaintiff did not accept the offer, and the plaintiff obtained a judgment of $15,000, the plaintiff will be obligated to do which of the following?
  1. Pay the defendant’s costs.
  2. Pay the defendant’s costs, but only if ordered by the judge.
  3. Pay the cost of the defendant’s expert witness.
  4. Pay nothing.
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