Paralegal Exam Prep

Category - Paralegal Test Review

Penny is a paralegal working for Leonard, who is an attorney licensed in the state of Hysteria. Leonard has filed suit on behalf of Vicki, who was seriously injured when a car driven by Denise collided with Vicki's car. After the suit was filed, Leonard instructed Penny to have the complaint and summons served on Denise. Penny prepared the complaint and summons for service and made arrangements with a process server for service on Denise. The process server went to the address listed on Denise's driver's license, which had been recorded by the police at the time of the accident. A teenage girl answered the door, but she confirmed that both she and Denise resided at that address. Denise never filed an answer to the complaint and later claimed that service of process was improper. Under the laws of Hysteria, one of the proper methods of service of process is to leave the complaint and summons at the defendant's last and usual abode, with a person residing there who is of suitable age (at least age 12) and discretion. If Penny needs to confirm that service of process was proper, what other information does she need?

  1. Whether the teenage girl resided at the address on Denise's driver's license.
  2. Whether the teenage girl was of suitable discretion.
  3. Whether the teenage girl was at least 12 years old.
  4. Nothing, because service of the complaint and summons was proper.
Explanation

Answer: B - Whether the teenage girl was of suitable discretion. Answer A is not correct because the teenage girl confirmed that both she (and Denise) resided at that address. Answer C is not correct because the girl was a teenager. Answer D is not correct because the facts do not say anything about whether the teenage girl was of suitable discretion (Answer B).

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