Legal Terms and Concepts in Law, Exams of Advanced Education

Download Legal Terms and Concepts in Law and more Exams Advanced Education in PDF only on Docsity! NCCP Exam Study Guide Questions and Answers with Complete Solution 2024 Contracts - Correct Answer-Define- An agreement or bargain struck between parties in which each party assumes a legal duty to the other party. Requirements- agreement (offer & acceptance), consideration, contractual capacity, and legality. Wills - Correct Answer-Requirements- testamentary intent; legal capacity; free of fraud, duress, undue influence, or mistake; and execution (two witnesses + notary = self proving). Trust - Correct Answer-Requirements- intention, subject matter, object. Power of Attorney - Correct Answer-Define- The authority to act for another person in legal or financial matters or a legal document giving such authority to someone. Requirements- soundness of mind, witness, recording. Complaint - Correct Answer-Define- a pleading by a plaintiff alleging the wrongdoing by the defendant. Requirements- caption, parties, statement of facts, request for relief, request for jury trial. Affidavit - Correct Answer-Define- A written statement of facts confirmed by the oath or affirmation of the party making it. Requirements- Must be made before a person having authority to administer oaths. Answer - Correct Answer-Define- a defendant's response to a plaintiff's claim. Requirements- admit/deny allegations; raise defenses. Interrogatories - Correct Answer-Define- A series of formal written questions addressed to a party for discovery purposes to be answered under oath. Requirements- 50 individual interrogatories in total, answer w/in 30 days, sign verification. Discovery Requests - Correct Answer-Types- interrogatories, production of documents and things and entry upon land, Deeds - Correct Answer-Requirements- Written, Legal Capacity, Identifies Grantor/Grantee. Includes clear legal description of the property, words of conveyance, signed by grantor and delivered to grantee. Partnership Agreements- Sole Proprietorship, - Correct Answer-Define- The owner is the business and has all the liability. Requirements- If conducting business under a name, other than your own, file a Certificate of Assumed Name @ the Register of Deeds office. Partnership Agreements- General Partnership - Correct Answer-Define- Two+ partners who are jointly and severally liable who own a business and share the management, profits, and losses of the partnership. Requirements- Certificate of Assumed Name and Partnership Agreement; if there is no Partnership Agreement, ownership is equal. Partnership Agreements- Limited Partnerships - Correct Answer-Define- Consists of one+ general partners and one+ limited partners. General partners are jointly and severally liable and manage the day to day operations of the partnership. Limited partners are not involved in the management or operations of the partnership, therefore, their liability is limited to the amount in the capital account. Requirements- Certificate of Limited Partnership and Partnership Agreements. Partnership Agreements- Non-profit Corporations - Correct Answer-Define- trade associations, property owners associations, and charitable endeavors that has by-laws, directors, and officers. There are no shareholders and they may or may not have members. Requirements- File Articles of Incorporation w/ NC Secretary of State. Partnership Agreements- For-profit Corporations - Correct Answer-Define- an entity separate and apart from its owners or "shareholders", can be any size, can conduct basically and type of business. Liability is limited to shareholders contributions. Requirements- File Articles of Incorporation w/ NC Secretary of State. Partnership Agreements- Limited Liability Companies (LLC) - Correct Answer-Define- A hybrid entity which is cross between a corporation and a partnership. It provides the limited liability of a corporation with a pass-through entity for tax purposes, therefore, liability is limited to members capital contributions. Requirements- File Articles of Organization w/ NC Secretary of State. Calendar - Correct Answer-A list of cats that are awaiting trial or other settlement. A trial list or docket. Certificate of Service - Correct Answer-Authorized declaration that service of processes has been completed duly and in accordance with law; evidence that process server has successfully served a defendant or witness. Or the section of a pleading or motion that certifies that the party filing the document has sent a copy of the document to the opposing party or his attorney. Checklist/Inventory - Correct Answer-A list made by the executor or administrator of the estate of a deceased individual. Request for Admissions - Correct Answer-Define- Requests to the other side to admit certain aspects of the case. Requirements- The other side has 30 days to admit or deny the request, if they fail to answer, then the requests are deemed admitted. Must serve written responses to such a request. Request for Production of Documents - Correct Answer- Define- A written request for any other party to produce documents or things. Requirements- The request must specifically state either by individual item or by category the items that the requester is seeking and must state a reasonable time, place, and manner of making the insertion/production. The responding party has 30 days to serve written responses to the requests. Retainer - Correct Answer-An advance payment made by a client to a law firm to cover part of the legal fees and/or costs that will need to be incurred on that client's behalf. Settlement Package/Demand - Correct Answer-Part of the personal injury claim process that lays out the facts of the accident, the liability, the injuries you sustained, the medical records, future treatment and makes a monetary demand Subpoena - Correct Answer-A writ commanding the name person to appear at a specific time and place to give testimony. Summons - Correct Answer-Define-Document served upon a defendant to notify that suit has been filed and directing defendant to answer. Requirements- Proper Service under Rule 4 (Sheriff, Certified Mail, or Publication). Tickler - Correct Answer-A reminder that allows time-sensitive documents to be filed according ti the future date on which each document needs action. Trial Notebook - Correct Answer-A binder that contains copies of all the documents and information that an attorney will need to have at hand during the trial. Verification - Correct Answer-The declaration under oath or upon penalty of perjury that a statement or pleading is true, located at the end of a document Waiver - Correct Answer-The voluntary surrender of a known right; conduct supporting an interference that a particular right has been relinquished. Where are documents filed? - Correct Answer-The Clerk of Court How are documents filed? - Correct Answer-Documents are filed by an attorney with the Clerk of Court. Where are documents recorded? - Correct Answer-The Register of Deeds What government agencies require documents and document filings? - Correct Answer-NC Secretary of State What are filing fees? - Correct Answer-The court costs to file a document. What are recording fees? - Correct Answer-The fee charged for registering or recording an real estate purchase or sale. What is a checklist? - Correct Answer-A reminder of a list of items required, things to be done, or points to be considered. What documents require a seal? - Correct Answer-Documents that require affirmation such as wills, complaints, answers, etc. What is a certified copy? - Correct Answer-A photocopy of a document, judgment, or record that is signed and attested to by a public official in whose custody the original has been placed for safekeeping as an accurate and a complete reproduction of the original document. Three Branches of Government - Correct Answer-All branches create law Legislative Branch (Congress)-federal law-USC Executive Branch (President)-executive orders Judicial Branch (Courts)-case law Primary Authorities - Correct Answer-Mandatory/Binding Authorities Constitutions Cases Statutes Administrative Regulations Executive Orders Treaties Secondary Authorities - Correct Answer-Not the laws themselves, but are persuasive writings. Legal Encyclopedias (CJS or Am Jur) Law Review Articles Legal Dictionaries (Black's Law Dictionary) Restatements Periodicals Treatises Textbooks Annotations Formbooks Law from another state/jurisdiction Practice Guides Attorney General Opinions Finding Tools - Correct Answer-Locates primary authorities and cases. Digest (North Carolina Digest or South Eastern Digest) Citators Indexes What is subject matter jurisdiction? - Correct Answer-The power of a court to adjudicate a particular type of matter and provide the remedy demanded. State Courts- domestic, juvenile, real estate, will, worker's compensation, crimes and traffic matters. Federal Courts- bankruptcy, admiralty, maritime, prize cases; and all suits brought against the US, its agencies or officers; patent, copyright, trademark, and unfair competition suits; actions involving civil rights; actions affecting ambassadors, public ministers, and consuls; and federal crimes. What is personal jurisdiction? - Correct Answer-The constitutional requirement that a defendant have certain minimum contacts with the forum in which the court sits so that said court may exercise power over the defendant. Gathering evidence Organizing all documents into a settlement brochure Drafting a complaint and answer Completing a summons, subpoena, and a cover sheet Filing a complaint at the proper courthouse Effecting service of process on all proper parties Monitoring a matter to ensure deadlines are met Preparing default judgments Drafting interrogatories, requests for production of documents, and other discovery requests Assisting with depositions Reviewing, organizing, and summarizing discovery documents Organizing/Preparing Trail Notebook Assisting with other trial preparations- organizing exhibits; issuing subpoenas; travel arrangements, deliver documents; arrange for special equipment; investigate all potential jurors; assist with voir dire; coordinate attendance of clients and witnesses; prepare clients/witness for testifying; handle all documents and exhibits; take notes/observe; maintain contact with office/court personnel/witnesses; and reviewing case and presentations for opening/closing statements. What are some common statues of limitation? (negligence, wrongful death, breach of contract, etc.) - Correct Answer- Negligence (medical malpractice, personal injury, product liability)- Three years for everything except libel and slander = 1 year. Wrongful Death = 2 years Breach of Contract = 3, 4, 10 (writing only) years Assault and Battery = 3 years What are the court structures for both federal and state courts? - Correct Answer-District- divorce, custody, child support, and civil cases $10,000 or less, misdemeanor criminal cases and infractions. Criminal Trials in District Courts are w/o a jury aka bench trial. Small Claims- magistrate presides over, hearing civil matters involving $5,000 or less, recovery of personal property, or summary ejectment/eviction. Court of Appeals- hears from the trial courts, top appellate court is the NC Supreme Court Federal- trial level, US District Court, followed by the intermediate court, the US Court of Appeals and the US Supreme Court (highest). What are the common rules and the numbers from the North Carolina Rules of Civil Procedure? (Service of Process, Rule 4, etc.) - Correct Answer-Rule 4- Deals w/ summons and service-- served w/in 60 days of issuance by Sheriff, Publication, or Certified Mail Return Receipt Requested Rule 12(b)- Motion to dismiss for lack of 1) jurisdiction over subject matter 2) personal jurisdiction 3) improper venue 4) insufficiency of process 5)insufficiency of service of process 6) failure to state a claim 7) failure to include a party Rule 56- Motion for Summary Judgment when there is no dispute of the facts, but questions of law remain. What types of cases are heard in federal court and what cases are heard in state court? - Correct Answer-Federal- US is a party, amount involves more than $75,000, diversity of citizenship, and cases involving violations of the US Constitution or Federal Laws. State- divorce, custody, child support, criminal, infractions, real property issues, estate issues, etc. Contracts Required by the Statute of Frauds to be in Writing - Correct Answer-Contracts Involving Interests in Land Collateral Contracts Contracts for the Sale of Goods over $500.00 What is the year and a day rule? - Correct Answer-A common law rule, that eliminates the defendant's responsibility of homicide if the victim lives for more than one year and one day after the alleged acts that caused the death. What defenses can be argued? When can the following defenses be argued? Entrapment, Duress, Consent, Insanity, Alibi, and Necessity - Correct Answer-Self Defense- Necessary to protect myself, property, or others. Entrapment- State actor caused me to commit the crime. Duress- I had to commit this crime or they were going to hurt or kill me. Insanity- Requires mens rea. Necessity- If I do not have it, I die. Unconsciousness/Automatism- sleep walking Negating Defenses- voluntary intoxicatingly and diminished capscity What crimes are prosecuted in federal court? - Correct Answer-Violations of federal statute, bankruptcy, copyright, or patent issues. Cases involving guns or drugs that carry aggravating factors. Diversity of citizenship and maritime law cases. What crimes are prosecuted in state court? - Correct Answer- Felonies and Misdemeanors. What are the requirements for getting married? - Correct Answer-Formalities include ceremony in presence of ordained minister w/ 2 witnesses and the presence of both parties and a marriage license. Other requirements are that there is consent to marry, competency, age (18+, 16-18= written parental consent, 14-16= pregnancy and court approval), cannot marry multiple people at once, cannot marry blood relatives nearer than first cousin, cannot frailly induce the marriage. What should be contained in a prenuptial agreement? - Correct Answer-Can address equitable distribution, setting aside separate assets, protection of property. What invalidates a prenuptial agreement? - Correct Answer- Duress, only valid if entered into before marriage. Where would domestic actions need to be filed? - Correct Answer-One party must be a resident of the state of NC for the past six months and then in the county in which one person resides, unless it is a domestic violence action. What must be contained in a divorce complaint? - Correct Answer--Names of parties -Resident of the State of North Carolina for @least six months -Date of Marriage, Date of Separation- Separated for 1 year + 1 day -Name and age of any minor children -Facts -Verification -N.C.G.S. 50-8 What are the requirements for obtaining a divorce? - Correct Answer--6 months residency -Separation for 1 year + 1 day -Intent -No resumption of marital relationship and all relevant factors (N.C.G.S. 50-16.3A(b). Orders can be modified or terminated at any time if there is a substantial change in circumstances and it shall terminate when the dependent spouse remarries; dependent spouse cohabitants; death of either party; or a terminating date that was established in the order. When can a parents right's be terminated? - Correct Answer- Parties must consent to TPR. Common grounds include-- -Step parent adoption -Abuse or neglected juvenile -The parent has willfully abandoned the juvenile for @least 12 consecutive months w/o justification -Parent has willfully failed to provide support w/o justification for @12 consecutive months -Murder another child -Raped that resulted in birth of a child where TPR is @ issue Who can be adopted? What are the steps in the adoption process? - Correct Answer-Children or adults may be adopted. The steps in the adoption process include-- petition for adoption; attachments to petition- affidavit of parentage, consent, relinquishment, etc.; proof of service; notice of adoption; order/report; affidavit accounting; final decree. How is a restraining order obtained? - Correct Answer--File @ courthouse, fill out forms etc. -Ex parte order, but return hearing w/in 10 days -Can be entered by consent & w/o findings -In effect for 12 months, can be renewed for up to 24 months for "good cause", if motion is made before order expires. Wha is an ex parte proceeding? - Correct Answer-10 day return hearing How can a woman resume the use of her maiden name? - Correct Answer-Can resume maiden name in action for divorce; however, she must still change her name w/ the clerk. What is estate planning? - Correct Answer-Making arrangements, during a person's lifetime, for the transfer of that person's property or obligations to others on the person's death. What role does a paralegal serve in estate planning? - Correct Answer-Communication, Interviewing, Drafting Documents, and Assisting in the Execution of a will. What is a will? - Correct Answer-A document directing how and to whom the maker's property and obligations are to be transferred on his or her death. What are the types of wills? - Correct Answer-Attested Written Wills- signed by the testator and attested by two competent witnesses Holographic Will- written entirely in the handwriting of the testator, the testator signed it, it is found after the testator's death among valuables Nuncupative Will- must be made orally be the testator, the testator must be in imminent peril or sickness, the testator must declare it to be their will before two competent witnesses Who needs a will? - Correct Answer-People that own property or have wishes other than the intestate statutes. What are the common provisions of a will? - Correct Answer- Introductory/Exordium General Revocation- revokes prior wills Payment of debts/taxes/funeral arrangements Gifts Residuary- what is left over Appointment(s) of a personal representative/guardian(s) Simultaneous death- H & W both dies, avoids double transfer taxation Testamentary Trusts- will made in a testament when a heir is underage Testimonium- Testify that this is your will Attestation- Sound mind Signatures Self providing affidavit- 2 witnesses + notary How should a will be executed? - Correct Answer-2 Witnesses + Notary How can a will be revoked? - Correct Answer-Destroy/Strike thru; a new will that revokes all previous wills, codicil. How can a will be changed? - Correct Answer-Codicil When can a will be contested? - Correct Answer-When there is a dispute about duress, undue influence, sound mind/disposing memory, etc. What is a codicil? - Correct Answer-Amendment What is a trust? - Correct Answer-An arrangment in which title to property is held by one person (a trustee) for the benefit of another (a beneficiary). What are the types of trusts? - Correct Answer-Revocable/Living Irrevocable Special Needs What is the purpose of a trust? - Correct Answer-To transfer property with conditions. When does a trust begin and end? - Correct Answer-A trust is usually set to begin at the time of the testator's death; however, a revocable living trust is throughout the testator's lifetime. A trust can be set to end to an age of majority or when the trustee/beneficiary dies. What are the requirements for a trust? - Correct Answer- Grantor, Trustee, Object/Property, Intent What documents are commonly included in an estate plan? - Correct Answer-Wills- attested written will, holographic will, nuncupative will Power of Atty- financial decisions Healthcare Power of Atty- medical decisions Living Will- death w/o machines When should an estate be update? - Correct Answer-When there is a significant change in circumstances-- acquiring new property, marriage, grandkids, etc. How is estate administration started? - Correct Answer-Letters Testamentary/Administration