Legal Terminology and Concepts, Exams of Nursing

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NCCP EXAMINATION REVIEW COURSE QUESTIONS & ANSWERS VERIFIED 100% CORRECT!! NCCP Evatee 6 /26/24 NCCP

NCCP EXAMINATION REVIEW COURSE

QUESTIONS & ANSWERS VERIFIED 100%

CORRECT!!

The usual method of serving process on a corporation is to serve its: Answer - Registered Agent Which form of discovery is to be used only between parties? Answer - Interrogatories Juries may decide issues related to: Answer - Facts When a case is appealed, the appellate court will base its decision on: Answer

• The record of the lower court If a legal assistant is instructed to ensure that a particular witness personally appears and bring specific documents, which of the following should be issued? Answer - Subpoena duces tecum The purpose of a summons is to: Answer - Notify the defendant that a suit has been filed and the time limit in which to respond. When computing the deadline for a response: Answer - Exclude the day of service

Redirect examination of a witness during trial may occur: Answer - Only during the plaintiff's rebuttal Proceedings to enforce a judgment are called Answer - Execution proceedings If a defendant does not answer a complaint by the deadline for responding, the plaintiff can ask for: Answer - Default judgment A theory of punishment which serves to vent society's outrage at and its need for revenge for the offender's conduct. Answer - Retribution A crime where the commission of the prohibited act renders the defendant guilty, without regard to her intent. Answer - Strict Liability Crime A crime that may have a maximum punishment of death or imprisonment for one year or more. Answer - Felony One who, with the required mental state, engages in the act or omission that causes the criminal result. Answer - Principal One whose involvement does not begin until after the crime has been completed. Answer - Accessory after the Fact Is defined as a deliberate and premeditated killing or a killing that occurs while committing certain felonies (usually arson, robbery, burglary, rape, mayhem or kidnapping). Answer - First Degree Murder

The defendant was attempting to build a birdhouse in his 8" x 10" homemade shed he used as a workshop in his backyard. He accidentally hit his thumb with a hammer, shouted out some expletives, exited the structure, and set fire to it, burning it to the ground. Neighbors called the police and the fire department about the blaze and man who seemed to be cursing his burning shed. The fire department determined that the fire was deliberately set. What crime should be charged? Answer - Arson The defendant broke into his ex-girlfriends apartment while she was asleep in bed. He then threatened to kill her if she did not agree to one last romp in bed. A brief argument ensued, in which the girl finally gave in and they had "rough sex" together. They promised never to see one another again, and the defendant left quietly. What crime should be charged? Answer - Felony Breaking and Entering (possibly Burglary if it occurred at night) Communicating Threats, Assault, Rape A witness and a victim state that the defendant kicked the victim while the victim was on a bike, told the victim to get off the bike, and then took the bike and pedaled off. What crime should be charged? Answer - Common Law Robbery and Assault The defendant threw a brick through a jewelry store window and with a long stick was able to hook watches and rings worth more than $500. What crime should be charged? Answer - Damage to Property and Break and Entering The defendant grabbed a woman and transported her got an ATM machine where he forced er to withdraw money and turn it over to him. What crime should be charged? Answer - Assault, Kidnapping, Common Law Robbery After giving an automobile dealer a false address, the defendant took a 2002 Firebird for a test drive and did not return the car. What crime should be charged Answer - Obtain Property by False Pretenses

What does a general partnership file at the Secretary of State's office? Answer

• General Partnerships do not have to file anything at the Secretary of State's office. A registered agent is required to be on file at the Register of Deeds office for which type of entity? Answer - None, registered agent information is not available at the Register of Deeds office What are the owners of a limited liability company called? Answer - Members What is the governance documents of a corporation called? Answer - Bylaws What is the governance document of a limited liability company called? Answer - Operating Agreement What type of entity has to pay tax at the entity level? Answer - "C" Corporation Which type of entity has to be formed by filing paperwork at the Secretary of State's office? Answer - Corporation, Limited Liability Company, Limited Partnership If both of the parents of a child care unemancipated minors at the time of a child's conception, the primary liability for the grandchild until both parents reach the age of majority or become otherwise emancipated belongs to: Answer - The maternal grandparents and the paternal grandparents. A substantial change in circumstances for a change in child support can be: Answer - Reduction of non-custodial parent's income and decrease/increase in the needs of the child.

Real and personal property acquired by a spouse before marriage or acquired by a spouse by bequest, devise, descent, or gift by someone other than his/her spouse during the course of the marriage is: Answer - Separate property The destruction or serious diminution of the love and affection of one person for another is: Answer - alienation The final time and date for a Decree of Adoption is generally set: Answer - 90 days after the petition is filed The idea behind the establishment of guidelines for child support is to add predictability, consistency, and simplicity to the child support process. Answer

• True Recognizing that individuals with lower incomes do not benefit from the tax credit for children, the guidelines all 100% of all day care costs in certain circumstances. Answer - True PKPA stands for parental Kidnapping Prevention Act Answer - True According to N.C.G.S 50-16.1A(3), there are 9 types of marital misconduct. Answer - True There are 16 factors the court shall consider to determine if an equal division of marital property is not equitable. Answer - True Consortium means the marital fellowship of a husband and wife and the right of each to the company, cooperation, affection and aid of the other. Answer - True

A Petition for Adoption must be filed within 90 days of the child's placement for adoption (but this may be extended.) Answer - False The requirement that 90 days have elapsed since the Petition for Adoption has been filed may be waived for cause. Answer - False In a step parent adoption, only an unwed father may deny paternity. Answer - False Dependent Spouse Answer - Spouse who is substantially dependent on the other for his/her maintenance and support. Supporting Spouse Answer - A husband or wife from whom the other spouse is in need of maintenance and support. N.C.G.S. 50-16a Answer - P.S.S and alimony statues. Criminal Conversation Answer - Adultery Marital Misconduct Answer - Fault N.C.G.S. 50-20(i1) Answer - Motion for Interim Distribution of Property The most common type of deed provided at closing is: Answer - General Warranty Deed What are the items needed to make a deed valid? Answer - Written Grantor Capacity

Name of the grantee/grantor Legal Description Signature Notary Seal Recording What is the one thing that has to be done to make a deed valid? Answer - It has to be recorded. What are the 2 portions of a loan to make it a valid lien? Answer - Note and Deed of Trust; the Deed of Trust is recorded. What is marketable title? Answer - Free and clear of title defects and encumbrances, except for encumbrances the buyer agrees to accept. How does the statue of frauds apply to leases? Answer - All leases over 1 year must be in writing. What is the chain of events for Foreclosure? Answer - Delinquency (typically after 60-90 days); default and acceleration (45 day letter and notice); foreclosure suit; judgment and sale, redemption period (10 days); house becomes REO property (if bought back by the bank); eviction. amicus curiae Answer - friend of the court ante litem motam Answer - before suit brought, before litigation filed duces tecum Answer - bring it with you

facto Answer - in fact, in or by the law in rem Answer - proceedings against a thing (estates) lis pendens Answer - litigation pending as in a lis pendent with real estate records- to notify the world that the real estate is involved in litigation per annum Answer - annual, by the year per diem Answer - by the day adjudication Answer - judgment or decision of a court affiant Answer - one who makes or swears to the truth of an affidavit affidavit Answer - sworn statement in writing taken before a notary public or other authorized officer affirmative defense Answer - allegation of a responsive pleading which, if it can be proved, negates the allegations of the complaint ancillary Answer - Subordinate; aiding. A legal proceeding that i son the primary dispute but which aids the judgment rendered in or the outcome of the main action. A descriptive term that denotes a legal claim, the existence of which is dependent upon or reasonably linked to a main claim

answer Answer - written pleading by which a defendant responds to the plaintiff's complaint appeal Answer - review by a higher court appellant Answer - party who files an appeal appellee Answer - party who defends an appeal arbitration Answer - review and determination of dispute by neutral decision maker, similar to a trial brief Answer - written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law cause of action Answer - fact(s) giving rise to a legal remedy deposition Answer - sworn testimony given by question and answer in non- courtroom setting which is recorded and transcribed by a court reporter exemptions Answer - immunity from a general burden tax, or charge; in bankruptcy or in judgment executions, that portion of the debtor's property that cannot be liquidated and applied to debts interrogatories Answer - series of formal, written questions addressed to a party for discovery purposes to be answered under oath judgment Answer - final order of a court of law

jurat Answer - clause of a notary or authorized officer attesting that a statement or document was sworn to by a specific person on a specific date jurisdiction Answer - power conferred on a court to hear a particular case and to render a final decision on the merits litigation Answer - contest in a court of law for the purpose of enforcing a right or seeking a remedy mediation Answer - arrangement to attempt settlement of a dispute by using a neutral third party as the referee memorandum of law Answer - brief of law submitted to a court by an attorney for a party memorandum of opinion Answer - very short opinion of the court motion Answer - oral or written request made to a court to obtain a ruling or order motion in limine Answer - application requesting a court to rule in advance that specific, unfair prejudicial information will not be mentioned during the trial order Answer - mandate command, or direction authoritatively given; mandate of a court perjury Answer - false testimony given under oath

pleading Answer - A complaint; answer; a reply to a counterclaim; an answer to a crossclaim, if the answer contains a crossclaim; a third-party complaint if a person who was not an original party is summoned; and a third-party answer, if a third party complaint is served. All are filed with the clerk's office. service of process Answer - delivery of paperwork to the person named therein statute Answer - legislative enactment statute of limitations Answer - Statute which limits the time within which a cause of action may be filed. Varies from cause of action (Article 5--Chapter 1). subpoena Answer - a writ commanding the name person to appear at a specific time and place to give testimony subpoena duces tecum Answer - a writ commanding the named person appear at a specific time and place and to bring specific records or documents summons Answer - Document served upon a defendant to notify that suit has been filed and directing the defendant to answer. Proper service, under Rule 4, on the defendant is required. venue Answer - the location where an action is tried verdict Answer - finding(s) of fact by a jury in a civil or criminal trial

with prejudice Answer - A declaration which ends the rights to further relief; it prevents ether party from filing future complaints based on the same claim or cause of action. without prejudice Answer - A declaration which preserves any rights or privileges that a party may have to file a future complaint based upon the same claim or cause of action for one year from the date of filing. witness Answer - One who has personal knowledge about facts related to a case; one who can testify about what she/he has seen, heard or otherwise observed. writ of execution Answer - order of a court after judgment commanding a court officer to seize property in satisfaction of the judgment