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NALA PARALEGAL CERTIFICATION EXAM STUDY
GUIDE
NALA Canon 1 - Answer - A paralegal must not perform duties that only an attorney may perform. NALA Canon 2 - Answer - A paralegal may only perform tasks that are delegated and supervised by an attorney. NALA Canon 3 - Answer - Paralegals must not engage in UPL, establish attorney client relationships, fees, or give legal opinions. NALA Canon 4 - Answer - Paralegals may use discretion and professional judgment, but must not render legal judgment. NALA Canon 5 - Answer - Paralegals must disclose their status as a paralegal. NALA Canon 6 - Answer - Paralegals must strive to maintain integrity and competency. NALA Canon 7 - Answer - Paralegals must protect confidences of the client. NALA Canon 8 - Answer - Paralegals must disclose any pre-existing clients or relationships to prevent conflicts of interest. NALA Canon 9 - Answer - Paralegals must do all things incidental for the attainment of the ethics and responsibilities as defined by the statute or rule of court. NALA Canon 10 - Answer - Conduct is guided by the bar associations code of professional responsibility. Memorandum - Answer - A legal document for the legal team for use in preparation of a case. Briefs - Answer - Documents submitted by each party's attorney to the judge that contains legal support for their side. Policies - Answer - A course of action adopted or proposed by a government, party, business, or individual describing the expected conduct, behavior, or procedure. Unauthorized Practice of Law - Answer - When a non-lawyer offers legal advice in a situation where legal rights may be affected.
Ethical Wall - Answer - An environment where an attorney or paralegal is isolated to a specific case or client to avoid a conflict of interest. Trust Account - Answer - An account set up for client dollars at the beginning of a case. Is usually supplied with retainer money. Interest on Lawyers Trust Accounts (IOLTA) - Answer - An account that gains interest. It is used for charitable purposes. Is funded with small amounts and combined client dollars. Interest Bearing Escrow Account - Answer - The designation of an escrow company selected by Class Counsel with instructions to open an interest-bearing account to hold for safe keeping an amount of $50,000 to be paid by Defendants within ten (10) days of the Court granting Preliminary Approval. Laws - Answer - Rules and conducts promulgated and enforced by the government. 1st Amendment - Answer - Freedom of Religion, Speech, Press, Assembly, and Petition. Second Amendment - Answer - Right to bear arms. Fourth Amendment - Answer - Protects against unreasonable search and seizure. Fifth Amendment - Answer - Prohibits government from forcing individuals to testify against themselves. Sixth Amendment - Answer - Right to a speedy and public trial. Seventh Amendment - Answer - Right to a trial by jury in civil cases. Eighth Amendment - Answer - Freedom from excessive bail, freedom from excessive fines and cruel and unusual punishment. Ordinance - Answer - A law enacted by local government. Legislative Branch - Answer - The lawmaking branch of government. Executive Branch - Answer - The branch of government that carries out laws. Judicial Branch - Answer - The branch of government that interprets laws. Constitutional Law - Answer - A body of principles and rules that are either explicitly stated in or inferred from the United States Constitution.
Testimonial Evidence - Answer - Evidence given by witnesses who usually appear live in the courtroom to testify. Documentary Evidence - Answer - Consists of writings, recordings, photographs, electronic recordings, and data compilations. Physical Evidence - Answer - Any object that can establish that a crime has been committed or can link a crime and its victim or its perpetrator. Tangible Evidence - Answer - Physical evidence that can be handled and examined. Circumstantial Evidence - Answer - Consists of facts and circumstances in which a judge or jury may reason and reach conclusions. Freedom of Information Act - Answer - A federal statute that seeks to make information passed by the government available to the public. Secondary Authority - Answer - Not actual law, but legal resources that discuss or explain law. Primary Authority - Answer - Actual laws. Legal Dictionary - Answer - A dictionary defining and explaining legal terms. Legal Encyclopedia - Answer - A secondary source that holds a more comprehensive description of legal topics and terms. Form Books - Answer - Where you will find commonly used forms arranged by state or jurisdiction. Periodicals - Answer - Articles written about the law. Includes articles written for law review. They generally provide an update to an area of law or a new legal technique. Treatise - Answer - An in depth overview of a certain legal area. Usually gives a lengthy overview of a background and history over a specific area of law. Digest - Answer - A publication that lists all cases by a particular subject area with summaries. Miranda v. Arizona - Answer - The year in which the case was decided 1996. Key Fact - Answer - The legally significant facts of a case that establish/satisfy the elements of a cause of action and are necessary to prove/disprove a claim. Irrelevant Fact - Answer - A fact coincidental to the event but not of significant legal importance.
Background Facts - Answer - Facts that give an overview of a factual event and provide overall context. Shorthand Statement - Answer - A broad formation of the issue that usually does not include the specific facts or law. Broad Statement - Answer - Often used in conversation or oral communications when the participants are familiar with facts and know the law applies. Comprehensive (Narrow) Statement - Answer - In one sentence, the specific law, legal question, and key facts are presented. Summons - Answer - A court order requiring a defendant to appear in court and respond to a complaint. Prayer for Relief - Answer - When a plaintiff asks the court for an award of monetary damages from the defendant or an injunction to make the defendant stop a certain activity. Answer - Answer - Admits or denies the statement/allegations in the complaint. A party has 30 days to respond or object to answer under oath. Deposition - Answer - A testimony given under oath before the trial. Interrogatory - Answer - A series of written questions for which written answers are prepared and then signed under oath by the plaintiff or the defendant. Writ of Summons - Answer - A legal document that commences civil actions in some provinces. Writ of Certiorari - Answer - An order by a higher court directing a lower court to send up a case for review. Complaint Alone - Answer - Form and just require that a properly formatted complaint be filed with the court and then served to defendant. Notice Pleadings - Answer - This type of pleading must give notice of the event and the claims arising from the event. Fact of Pleadings - Answer - May state material facts on which the cause of action or defense is based. Motions - Answer - Oral or written requests made by a party to an action and brought before a judge prior to, during, or after a trial.
Government in Sunshine Act - Answer - A federal act that opens most federal administrative agency meetings to the public. Equal Access to Justice Act - Answer - A federal act that protects persons from harassment by federal administrative agencies. Deterrence - Answer - Discouraging criminal acts by threatening punishment. Rehabilitation - Answer - A program for reforming the offender to prevent later offenses. Incapacitation - Answer - Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison. Retribution - Answer - A repayment; a deserved punishment. Mens Rea - Answer - The mental state of the defendant. Actus Rea - Answer - The actions taken by the defendant to commit the crime. Purposeful Act - Answer - An act that is performed willfully or voluntarily. Reckless Act - Answer - An act where a person is careless or indifferent to the consequences of the action. Knowing Act - Answer - An act that is performed consciously or with knowledge. Negligent Act - Answer - An act where a person acts with a substantial and unjustifiable risk. 1st Degree Homicide - Answer - Premeditated, willful, deliberate. 2nd Degree Homicide - Answer - Involves an impulsive but intentional act rather than premeditated. Manslaughter - Answer - A lesser crime than murder. Sometimes committed recklessly or negligently. Battery - Answer - The unauthorized offense of touching someone. Requires intent or reckless disregard. Assault - Answer - Similar to battery except does not require physical touch, just the fear of battery. Libel - Answer - A written defamation of a person's character, reputation, business, or property rights.
Slander - Answer - The action or crime of making a false spoken statement damaging to a person's reputation. 1st Degree Principal - Answer - One who actually commits the crime with their own hands. 2nd Degree Principal - Answer - Someone who aids and abets the crime. Must also be participating in some level of the crime. May participate in constructive presence as well. Constructive Presence - Answer - When a principal witnesses the commission of a crime from another place. Accomplices - Answer - Someone who actively participates in the crime, even though the accomplice does not take part in the offense. Accessories - Answer - Someone who has knowledge that a crime is being/will be committed and either helps, encourages, or does not report the crime. They are not present during the crime. Tort - Answer - The failure to obey or comply with city ordinance, that results in injury or damages. It is the civil version of a crime. Elements to Proving Negligence - Answer - Person owed you a duty, Person breached their duty, There was factual causation of breach and harm, There was legal causation. Strict Liability - Answer - The legal responsibility for damage or injury even if you are not negligent. Common Defenses to Negligence - Answer - 1. Contributory Negligence 2. Statute of Limitations 3. Sudden Emergency 4. Unavoidable Accident 5. New and Intervening Cause 6. Sole Proximate Cause Statute of Repose - Answer - A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff. Contributory Negligence - Answer - A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff. Assumption of the Risk - Answer - A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.
Anticipatory Repudiation - Answer - Where one party anticipates being unable to complete the contract. Transfer of Duties and Rights - Answer - Where one party may assign their duties/rights to another party. Implied Warranty of Merchantability - Answer - A warranty that goods being sold or leased are reasonably fit for the ordinary purpose for which they are sold or leased, are properly packaged and labeled, and are of fair quality. The warranty automatically arises in every sale or lease of goods made by a merchant who deals in goods of the kind sold or leased. Implied Warranty of Fitness - Answer - An implied promise that the goods being sold will satisfy a special purpose. Personal Property - Answer - An individual's belongings that are tangible which can be removed. It can also be intangible. Real Property - Answer - Real estate or realty. Immoveable property. These transactions are not governed by the UCC. Bailement - Answer - A transfer of possession of property. It exists when a personal property is given without transferring a title. Fee Simple - Answer - The most complete ownership of land possible. Outright ownership. Estate in Land - Answer - Defines the degree, quantity, nature and extent of an owner's interest in real property. Life Estate - Answer - An interest in real or personal property that is limited in duration to the lifetime of its owner or some other designated person or persons. Easement - Answer - The right to use the land of another for a particular purpose. Licenses and Operating Rights - Answer - Obtained through agreements with governmental units or agencies, permit owners to use public property in performing their services. Adverse Possession - Answer - A person takes possession & use of a property belonging to another. Possession must be open, notorious, hostile & uninterrupted for a certain period of time. Sheriff's Deed - Answer - Deed given by court order in connection with sale of property to satisfy a judgment.
Joint Tenancy - Answer - When two or more persons own equal shares of personal property with right of survivorship. Tenancy In Common - Answer - Co-ownership of property in which each party owns an undivided interest that passes to his or her heirs at death. Tenancy by the Entirety - Answer - The joint ownership, recognized in some states, of property acquired by husband and wife during marriage. Upon the death of one spouse, the survivor becomes the owner of the property. Trustee's Deed - Answer - A deed executed by a trustee conveying land held in a trust. Beneficiary Deed - Answer - A deed which specifies who will receive real estate when the grantor dies. Eminent Domain - Answer - Power of a government to take private property for public use. Lease - Answer - A legal document that defines the conditions of the rental agreement between the tenant and the landlord. Finance Lease - Answer - Special type of lease transaction generally involving three parties: the lessor, the supplier, and the lessee. Gross Lease - Answer - Tenant pays rents, landlord pays all expenses of property; most common form of residential lease. Trademarks - Answer - Designs and names, often officially registered, by which merchants or manufacturers designate and differentiate their products. Patents - Answer - Licenses that give an inventor the exclusive right to make, use, or sell an invention for a set period of time. Lasts 20 years. Copyrights - Answer - The exclusive legal rights of authors, composers, playwrights, artists, and publishers to publish and disperse their work as they see fit. Lasts until the author's death plus 70 years. Civil Union - Answer - A legal relationship that grants same sex couples the same rights as married couples. Domestic Partnerships - Answer - Household partnerships in which an unmarried couple lives together in a committed, sexually intimate relationship and is granted some of the same rights and benefits as those accorded to married heterosexual couples. Common Law Marriage - Answer - Cohabitation lasting a designated period of time (usually 7 years) that is considered legally binding in some states.
Living Will - Answer - A document in which a person states his or her wishes about life support and other treatments. Power Of Attorney - Answer - A legal document authorizing someone to act on your behalf. Medical Power Of Attorney - Answer - A legal document signed by a person who is giving another individual the power to make health care decisions for the first person if he or she becomes incompetent, unconscious, or unable to make decisions for himself or herself. Advanced Directive - Answer - Instructions that describe what should happen if a person becomes unable to make a healthcare decision. Express Trust - Answer - The most common trust in which the grantor communicates clear intent to transfer an interest property to the beneficiary. May be in written or oral. Living Trust - Answer - A type of trust that becomes effective during the life of the grantor. Will benefit the beneficiary immediately. Testamentary Trust - Answer - This trust only takes place after death and may be subject to probate proceedings. It is established through the will of the grantor, and is sometimes referred to as a will trust. Implied Trust - Answer - A trust created by the law or by the conduct of the parties. Not directed by the grantor, but is allowed or required by a legal remedy. Totten Trust - Answer - Not a trust, but rather a bank account with a beneficiary clause. Agency Law - Answer - The large body of common law that governs agency; a mixture of contract law and tort law. Actual Authority - Answer - The power given in fact to an agent by the principal/employer. Apparent Authority - Answer - When the principal, by either word or action, causes a third party reasonably to believe that the agent has authority to act, even though the agent has no express or implied authority. Authority by Virtue of Title - Answer - Authority that can be presumed when an agency relationship causes a legal relationship that allows for decision making by the agent for the principal. Sole Proprietorship - Answer - A business owned and managed by a single individual.
General Partnership - Answer - A partnership in which all owners share in operating the business and in assuming liability for the business's debts. Limited Partnership - Answer - A partnership with one or more general partners and one or more limited partners. A limited partner is legally responsible for damages up to the amount they contribute. Limited Liability Company (LLC) - Answer - A company similar to an S corporation but without the special eligibility requirements. S corporation - Answer - A form of corporation that avoids double taxation by having its income taxed as if it were a partnership. Closed Corporation - Answer - A corporation whose stock is owned by relatively few people and is not sold to the general public. Public Corporation - Answer - A corporation whose stock anyone may buy, sell, or trade. Domestic Corporation - Answer - A corporation in the state in which it is incorporated. Foreign Corporation - Answer - A company that is incorporated under the laws of a state that differs from the one in which it does business. Alien Corporation - Answer - A corporation chartered by a foreign government and conducting business in the United States. Bankruptcy Estate - Answer - All interests of the debtor in property at the time of the bankruptcy filing. The estate technically becomes the temporary legal owner of all of the debtor's property. Exempt Property - Answer - Property specified by statute, which may not be seized or sold to satisfy an execution or attachment. Homestead Exemption - Answer - A law permitting a debtor to retain the family home, either in its entirety or up to a specified dollar amount, free from the claims of unsecured creditors or trustees in bankruptcy. Chapter 7 Bankruptcy - Answer - Liquidation or straight bankruptcy. Where a court appointed trustee oversees the sale of assets to pay off creditors. Chapter 9 Bankruptcy - Answer - Applies to municipalities. Allows towns, cities, and schools to re-organize and pay back what they owe.
