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Paralegal PACE Practice Test Questions

Category - Paralegal PACE Exam Prep

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Patti Paralegal works for an insurance defense attorney. Patti’s employer is handling the defense of a case involving a homeowner who was sued after a neighbor’s child drowned in the homeowner’s backyard pool. The homeowner’s backyard was fenced, but the gate at the side of the house was not latched, and the child entered through the unlatched gate to swim in the pool. As Patti’s employer is drafting a motion, she asks Patti to find cases with facts similar to the fact of this case. Which of the following cases is most analogous to the insurance defense attorney’s case?
  1. A case in which a mother sued a driver for inflicting emotional distress after the mother, who was standing on the porch of her house, witnessed the driver almost hit her son.
  2. A case in which an 11-year-old child entered a landowner’s property to play on an abandoned railroad switching turntable, having entered through a gap in a fence on the property.
  3. A case in which Driver A in a blue car ran a red light and hit a green car driven by Driver B.
  4. A case in which a passenger in a train station dropped a package containing a ceramic vase and the sound of the vase breaking startled another passenger, who reacted in a way that caused her to injure her foot.
Explanation
Answer: B - A case in which an 11-year-old child entered a landowner’s property to play on an abandoned railroad switching turntable, having entered through a gap in a fence on the property. Answer B is the most analogous because it involves a child entering the property of another through potential negligence of the landowner. Answer A is not the most analogous because the claim was for emotional distress and asserted the mother’s injury resulting from witnessing the event. Neither Answer C nor Answer D is the most analogous because neither involved real property and negligence arising from oversight or inaction.
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