Deck 3: Judgement

Question 1

The jury concluded that the driver of the brown car ran a red light at the intersection of Maple Drive and First Street while proceeding south on Maple Drive. Joan testified that she was driving her blue Toyota and headed west on First Street. She further testified that, as she approached Maple Drive, the light was green and that, as she proceeded through the intersection, a brown car collided with her Toyota. The jury accepted Joan's testimony and concluded that the driver of the brown car negligently caused the collision. Evidence shows that Bob is the owner of the brown car. Based on these facts alone, was Bob negligent?

A)Yes, because Bob is the owner of the vehicle.
B)Yes, because the driver of the brown car was negligent.
C)No, because Joan should not have driven through the intersection at that time.
D)No, because no evidence shows that Bob was the driver of the brown car.

Answer 1

D
No, because no evidence shows that Bob was the driver of the brown car. Based on these facts, the conclusion that Bob was negligent cannot be reached because nothing proves that Bob was driving the brown car at the time of the collision. Here, the test-taker must identify the two facts necessary to answer the question: (1) the driver of the brown car ran the red light (and was negligent), and (2) Bob is owner of the brown car. Without additional facts, mere ownership of the brown car does not prove that Bob was driving the brown car, nor does it prove liability under respondeat superior. Thus, on these facts alone, Bob was not negligent.

Question 2

You work for an attorney who is handling a commercial litigation case involving a contract for the sale of a business. As part of the sale price, the seller agreed to make herself available to the buyer for one year as a consultant on matters related to the business. As your attorney is drafting a motion, she asks you to find a precedent for the proposition that consideration in a contract case does not necessarily need to be in the form of money. Which of the following cases is most analogous to your attorney's case?

A)A case in which a seller of real estate accepted both a cash payment and title to a smaller parcel of land.
B)A case in which a successful plaintiff in a negligence case accepted a new car in satisfaction of the judgment.
C)A bankruptcy case in which all debts owed by the debtor were discharged (cancelled or forgiven).
D)A probate case in which a daughter inherited her parents' home.

Answer 2

A
A case in which a seller of real estate accepted both a cash payment and title to a smaller parcel of land. Answer A is the best answer because, like your attorney's case, it involved a sale contract, and because the transfer of title to the smaller parcel was part of the consideration paid to the seller. Although Answer B involves a transfer of consideration (the new car), it was transferred to pay a judgment and is much less analogous. Answers C and D do not involve contract cases and are not analogous because they do not involve an exchange of consideration.

Question 3

A brown car ran a red light at the intersection of Oak Avenue and President's Way while proceeding south on Oak Drive. Joan was driving her Prius and headed east on President's Way. As she approached Oak Avenue, the light was green and she proceeded through the intersection, but a collision occurred between Joan's car and the brown car. Bob is the owner of the brown car, but Bob was not driving the brown car at the time of the collision. Kara is a paralegal and employed by an attorney who is considering filing a negligence suit on behalf of Joan. The attorney asks Kara to review the facts of Joan's case and determine whether any additional investigation of the facts is necessary. Should Kara report that additional investigation is needed?

A)No, because Bob has no connection with the collision.
B)No, because Kara does not like Joan, who was rude during an intake interview.
C)Yes, because Joan could have been talking on her cell phone when the collision occurred.
D)Yes, because nothing is known about why another person was driving Bob's car.

Answer 3

D
Yes, because nothing is known about why another person was driving Bob's car. More factual information is needed because nothing is known about why another person was driving Bob's car. Here, the test-taker needs to recognize that Kara's employer represents Joan, who may have a negligence claim. Kara's employer will need to consider all the possible defendants, and since Bob is the owner of the brown car, Kara's employer will need to know the connection (if any) between Bob and the driver of the brown car. Answer A is not true. Answer B suggests an inappropriate response to a client. Answer C, even if true, does not focus on identifying all possible defendants.

Question 4

Joe is a paralegal who has worked for an estate planning attorney for seven years and has become acquainted with many of the attorney's clients, and in some cases, the client's family members. A wealthy, longtime client, Alice, met with the attorney to update her estate plan. After discussion, Alice and the attorney decided to prepare an entirely new estate plan. The new estate plan will disinherit Alice's grandchild, Courtney, because she is dating Peter, an unemployed gambling addict. The attorney asks Joe to prepare initial drafts of Alice's new estate plan. Joe knows Courtney because Alice once asked Courtney to assist on a title transfer matter. As he is preparing the draft, Joe receives a call from Courtney. Courtney explains that she spoke with Alice and that Alice has changed her mind about the disinheritance. Courtney claims that Alice instructed her to call Joe and change the estate plan so that Courtney receives the same as all other grandchildren. From the options listed below, what is Joe's best response?

A)Follow Courtney's instructions and change Alice's estate plan.
B)Tell Courtney that he can only speak to Alice herself about the estate plan and then inform his employer of Courtney's call.
C)Tell Courtney that she is trying to steal from her grandmother and hang up.
D)Tell Courtney that she must break off her relationship with Peter.

Question 5

Mary is a paralegal who works for Jill. Jill is an attorney who represents clients in business and transactional matters. One of Jill's client's is Gigantic International. Gigantic is selling one of its smaller factories. In addition to selling the real estate and building, Gigantic is selling the factory's machinery, but not selling any small hand tools at the factory. Mary has been assisting Jill with drafting and organizing the sale documents, which are lengthy and include several exhibits and schedules. One of the schedules attached to the main purchase agreement is a listing of personal property that is included in the sale. Gigantic has given Jill an inventory, and some of the items on the inventory need to be added to the personal property schedule. Of the following, which items should Mary NOT add to the schedule?
Industrial-grade lathe bolted to floor
Three standard hammers
Electrical transformer attached to outside of building
Five workbenches with attached vices
12" x 18" tool chest with assorted screwdrivers, wrenches, and ratchet drives
Two personal computers with software for controlling automated assembly machine

A)The lathe, hammers, and workbenches.
B)The hammers, transformer, and computers.
C)The hammers and tool chest (with contents)
D)The hammers, tool chest (with contents), and the workbenches.

Question 6

Jill is a paralegal who works for Matthew. Matthew is an attorney who represents clients in family law and divorce matters. Matthew is representing Wendy in her divorce from Hal. The court has determined that the total value of Wendy and Hal's jointly held property is $300,000 and that Wendy and Hal should each receive one-half of all jointly held property. However, the court has also indicated that Wendy should be awarded the family home because she will have primary custody of their two children. Matthew provides Jill with the following list of Wendy and Hal's jointly held property and asks Jill to determine the most equitable distribution of the property. How should Jill distribute the property?
Asset Value
House $150,000
Family Owned Business $ 75,000
Investment Portfolio $ 50,000
SUV $ 20,000
Checking Account $ 5,000

A)Wendy should be awarded the house, and Hal should be awarded the remaining assets.
B)Wendy should be awarded the house and the SUV, and Hal should be awarded the remaining assets.
C)Wendy should be awarded the house and the checking account, and Hal should be awarded the remaining assets.
D)Wendy should be awarded the family business, and Hal should be awarded the remaining assets.

Question 7

Paula is a paralegal and is reviewing the following transcript of Larry Lawyer's conversation with Clara, a potential client:
Larry: Hello, Clara. How can I help you today?
Clara: Well, I was in an automobile accident yesterday and want to see if I can sue the driver of the black SUV.
Larry: OK. Tell me about the accident.
Clara: I was driving down Main Street in my brand new Ford truck-near the entrance to the Hollywood Shopping Center-and this idiot in a blue cowboy hat driving a black SUV pulled out of the parking lot without stopping. I slammed on the brakes, but couldn't avoid hitting the SUV. You know, that crazy hick had on blue cowboy boots that matched his hat and a turquoise belt buckle that matched his turquoise ring.
Larry: What happened then?
Clara: Well, after he climbed out of the passenger side door, he started yelling at me and wanted to know why I had hit his SUV. Then he said he would be late for an acting job at Silver Screen Studios and blamed me for that too. Like I really cared-I was going to miss the sale at Saks.
Paula needs to identify the key facts of the incident Clara has described. Which of the following best identifies the key facts as described by Clara?

A)The incident occurred yesterday; on Main Street at the entrance to Hollywood Shopping Center; a driver in a blue cowboy hat and a black SUV pulled out of the parking lot without stopping; Clara could have avoided hitting the SUV.
B)The incident occurred on Main Street at the entrance to Hollywood Shopping Center; the driver of the black SUV was an idiot; Clara hit the black SUV; Clara was going to miss the sale at Saks.
C)The incident occurred yesterday; on Main Street at the entrance to Hollywood Shopping Center; the SUV pulled out of the shopping center parking lot without stopping; Clara hit the brakes, but could not avoid hitting the SUV.
D)The incident involved a black SUV that pulled into the street in front of Clara, who was unable to avoid hitting the actor's car.

Question 8

Mary works for an attorney who handles many probate cases, including will contests. Mary's employer represents the sister in a will contest between a brother and a sister who are the only beneficiaries of their mother's estate (their father had passed a few years earlier). After the brother and sister agreed to mediate the dispute, a retired judge acted as the mediator and a settlement was reached. One week when Mary's employer is out of town, she takes a call from the brother's attorney, who is known to be aggressive and rude. The brother's attorney claims the sister is not cooperating in the agreed-upon division of property, and before Mary could object, the brother's attorney connects the mediator in a three-way conference call. Mary advises the mediator that her employer is out of town and cannot be reached. Mary also tells him that she is not an attorney. From the options listed below, what is Mary's best response?

A)Refuse to participate in the conference call and hang up.
B)Calmly listen to the complaint of the brother's attorney and the mediator's comments and offer to relay that information to her employer as soon as possible.
C)Argue that the brother is in breach of the settlement agreement and that the brother's attorney is taking advantage of the absence of Mary's employer.
D)Negotiate a settlement to the dispute and then file bar complaints against the brother's attorney and the mediator.

Question 9

Bill works for the law firm of Matheson & Gilbert, which mainly focuses on commercial transactions and litigation. Bill, who was hired only one month earlier, has been assigned to work on the Miller lawsuit. Sandra Jackson, a junior partner in the firm, is the primary attorney on the Miller case, but Bill is aware that George Wilson at the Lewiston firm is co-counsel on the case. Bill gets a telephone call from Jill, who states she is a paralegal at the Lewiston firm. Jill then says that George Wilson would like a copy of the most recent draft of a motion that Sandra is working on in the Miller case and asks that Bill fax or e-mail a copy. Bill does not know Jill and has never communicated with anyone at the Lewiston firm. Can Bill fax or e-mail a copy of the draft without Sandra's permission?

A)Yes, because Bill knows George Wilson is co-counsel on the case, but as a recently hired employee, Bill could also politely check with Sandra.
B)No, because all matters pertaining to a client's case are confidential and cannot be shared with anyone outside the office, except for filings with the court.
C)Yes, but only if he first contacts George Wilson and confirms that Jill is an employee of the Lewiston firm.
D)No, because Jill must ask Sandra for the copy to be faxed or e-mailed.

Question 10

Bill is a senior paralegal with the law firm of Matheson & Gilbert, which mainly focuses on commercial transactions and litigation. Bill is a longtime employee of the firm and has been assigned to work on the Miller v. Cohen lawsuit. Sandra Jackson, a partner in the firm, represents Joel Cohen, one of the defendants in the case. George Wilson, an attorney at the Lewiston firm, represents Phil Philby, another defendant in the case. Bill gets a telephone call from Phil Philby, who asks Bill to e-mail a copy of a draft motion to dismiss that Sandra is working on in the case. Bill knows that Joel Cohen may have claim against Philby and that Sandra wants to file a cross-claim against Philby. Can Bill e-mail a copy of the motion without Sandra's permission?

A)Yes, because Bill knows George Wilson represents Phil Philby, and Philby and Joel Cohen are both defendants.
B)No, because e-mail is not a secure form of communication and using e-mail to send the draft motion would violate the confidentiality rules.
C)Yes, but only if George Wilson waives the attorney-client privilege on behalf of his client.
D)No, because George Wilson and Sandra Jackson represent different clients, and Sandra's client may have a claim against George's client.

Question 11

For the past ten years, Carolyn has been employed by Jeffrey, a sole practitioner who has practiced in family law for over thirty years. Carolyn knows that Jeffrey sometimes takes on cases that are emotionally charged and hotly contested, and that Jeffrey has a reputation as an aggressive litigator. In one case, Jeffrey represents the wife of a former mayor of Akron. Last Friday, Jeffrey filed a motion on behalf of the wife to dispute the former mayor's financial disclosure, which did not include the mayor's sailboat and $500,000 investment portfolio. Jeffrey now asks Carolyn to call the judge's assistant and ask about the hearing date for the motion. Carolyn knows that the judge will not set the hearing date until after a response to the motion has been filed, which is not due for another twelve days. She also knows that calling the judge's assistant will only irritate court personnel and the judge. From the options listed below, what is Carolyn's best response?

A)Call the judge's assistant and explain that Jeffrey is demanding that the hearing date be set.
B)Politely refuse to call the judge's assistant, even if it means she will be fired.
C)Remind Jeffrey that a response to the motion has not been filed.
D)Agree to make the call, but delay doing so until the response has been filed or Jeffrey again asks about the hearing date.

Question 12

Tina is a paralegal at a mid-size firm that provides legal services to small- and mid-size businesses. Tina works for Patricia Wilson, who provides legal services to start-up companies. One of the firm's client's is Robert Hammersmith. Under Patricia's direction, Tina has arranged for the formation of three companies owned by Hammersmith, all of which are telephone sales operations. Patricia stated to Tina, however, that she does not trust Hammersmith and thinks he is "scummy." Three months later, Tina receives a call from Tom Billings, who was hired by Hammersmith to manage the companies. Tina assisted Billings with routine corporate status matters, but Billings also mentioned that neither he nor any of the other employees have been paid by Hammersmith. One week later, Billings shows up at the firm and asks to speak with Tina. When Tina meets with Billings, Billings states that he and all of the employees have quit the company, and Billings asks Tina if she or the firm can assist in wage claim and/or lawsuit against Hammersmith and the company. From the options listed below, what is Tina's best response?

A)Arrange for Billings to meet with Patricia to discuss the claims against Hammersmith and the company.
B)Arrange for Billings to meet with an employment law attorney in the firm to discuss the claims against Hammersmith and the company.
C)Advise Billings that the firm represents Hammersmith and his companies and that neither she nor anyone else at the firm can speak with Billings about the claims.
D)Advise Billings that Hammersmith is not trustworthy, but that neither she nor anyone else at the firm can speak with Billings about the claims.

Question 13

Melissa is a paralegal at a mid-size firm that provides legal services to small- and mid-size businesses. Melissa works for Jack Samuelson, who assists small- and mid-size businesses with corporate transactions. One of Jack's clients is Central City Flooring, Inc. One day, Melissa takes a call from Sharon, who is the executive assistant to Peter Johnson, the president of Central City Flooring. Sharon asks Melissa to e-mail copies of the deed for a parcel of land that Central City purchased last year and the construction contract for a new building that Jack helped negotiate. Melissa remembers working on the transactions and knows Sharon from previous matters. Can Melissa send electronic copies of the documents without getting Jack's permission?

A)Yes, because the client's file belongs to the client.
B)Yes, because Sharon works for the president of Central City Flooring.
C)No, because all matters pertaining to a client are confidential.
D)No, because neither the deed nor the construction contract are public documents.

Question 14

Peter is a paralegal at a three-attorney law firm that provides legal services to small- and mid-size businesses. Peter works for Hillary Talbot, who assists small- and mid-size businesses with corporate transactions. One of Hillary's clients is C.L. Ballard, Inc. One day, Peter takes a call from Sally, who is the executive assistant to John Peterson, the president of C.L. Ballard, Inc. Sally asks Peter to e-mail copies of the purchase agreement for the small distribution company that C.L. Ballard, Inc. purchased last year. Peter remembers working on the purchase agreement and knows Sally from previous matters. Hillary, however, has told Peter never to send anything to C.L. Ballard, Inc. without discussing it with Hillary first. Can Peter send an electronic copy of the document without getting Hillary's permission?

A)Yes, because Sally works for the president of C.L. Ballard, Inc.
B)Yes, because the client's file belongs to the client.
C)No, because all matters pertaining to a client are confidential.
D)No, because Hillary has told Peter never to send anything without discussing it first.

Question 15

A former client has been trying to get in touch with James Clarkson, an attorney at Clarkson & Jones. Shauna is a paralegal at Clarkson & Jones who regularly assists Clarkson with litigation cases. Shauna knows the former client, Dalia, because Shauna worked on Dalia's breach of contract case two years earlier. Dalia finally calls and asks to speak with Shauna. Dalia explains that she sold some land in a rural county of the state and now holds a mortgage given by the buyer. The buyer, however, has stopped making payments, and Dalia wants to foreclose on the mortgage. Dalia says that she thinks Clarkson is avoiding her calls because he does not want to take the case, and then Dalia asks Shauna if she would take the case. How should Shauna respond?

A)Accept the case if Shauna has the experience and time to handle it.
B)Discuss the case with Dalia, and accept it if Clarkson agrees to let Shauna handle it.
C)Advise Dalia that she is not a licensed attorney and is prohibited from taking the case.
D)Decline the case because Clarkson does not want to take the case.

Question 16

Wilkey, Wendell & Waxman is a three-attorney law firm that practices in family and juvenile law. John Wendell, one of the partners, has accepted a case representing Gwendolyn Alexander, a prominent actress known for her roles in several romance films. Alexander wants to file for divorce from her husband, Jason House, a successful movie producer. Wendell asks Jordan, his paralegal, to review the file, prepare initial drafts of pleadings, and work up an initial spreadsheet estimating the marital estate. Cary is a legal secretary in the firm who works for another attorney. Cary stops by Jordan's office and asks if Jordan is working on the Alexander file and whether she can look through it to see if there's anything "interesting." Which of the following is the best way for Jordan to respond?

A)Tell Cary she is welcome to look through the file, but cannot tell anyone else anything about the case.
B)Remind Cary that all client matters are confidential and that it's better for her not to look at the file.
C)Let Cary look at the file, but report the incident to her supervising attorney.
D)Tell Cary she can look at the file if she gets permission from John Wendell.

Question 17

Paula is a trial paralegal working with attorney Lisa Osaka on a three-week trial. Paula worked many long hours preparing trial exhibits, an electronic database, and trial notebooks. Once the trial started, Paula helps Lisa with the jury-selection process and a PowerPoint® presentation used during opening statements. As the trial progresses, Lisa finds that Paula is quite skilled and adept at anticipating her needs-so that she (Lisa) can present a strong, polished case to the jury. On a personal note, Paula also enjoys socializing with friends and family through her Facebook® page. On the evening before closing statements, Paula posts a comment on her public Facebook® page stating that she has been working on a trial and thinks that one of the jurors is quite attractive. Did Paula use good judgment when she posted that comment?

A)Yes, because Paula's comment on her Facebook® page is protected as a form of free speech.
B)Yes, because no one will take a paralegal's comments on a Facebook® page seriously.
C)No, because she did not discuss the posting with Lisa before she posted it on her Facebook® page.
D)No, because the Facebook® posting was public and could be viewed as an attempt to influence the juror.

Question 18

Paul is a paralegal with the firm of Chew & Bacca. Paul has been assigned to work with Hannibal Solo, who is representing Darth Vader in a products liability case against the manufacturer of the Death Star. Paul worked many long hours preparing the Vader case for trial, and he is now assisting Mr. Solo during trial. After a long day of trial and a full evening of preparing for the next day, Paul decides to relax a bit by catching up with his friends and family on Facebook®. While on Facebook®, Paul discovers the Facebook® page of one of the jurors on the Vader case. The juror posted a fully public comment on his Facebook® page about the Vader case. The comments are critical of the manufacturer and favorable to Mr. Vader's case. What is Paul's best course of action?

A)Do nothing, because the comments are favorable to Mr. Vader's case.
B)Inform Mr. Solo, because Mr. Solo must speak to the juror about the comments before trial resumes the next day.
C)Inform Mr. Solo, because Mr. Solo has an obligation to inform the court and insure a fair trial.
D)Post a reply on Facebook® informing the juror that he cannot comment on the trial while it is ongoing.

Question 19

Shelly is a paralegal with the in-house legal department of General Auto Insurance (GAI). Allison Attorney is a lawyer in the legal department. Paula Plaintiff filed a claim with GAI after Dennis Defendant ran into Paula's car in a parking lot, causing damage to her car. Allison has filed suit against Dennis on behalf of GAI and Paula, and has just taken the deposition of Wendy Witness, who saw the incident, but is also Dennis's co-worker. Wendy claims that Paula suddenly pulled out of a parking space and contributed to the accident. Allison has reason to think that Wendy and Dennis were drinking heavily at a bar before the incident. She also believes that Wendy posted photos of Wendy and Dennis at the bar on her Facebook® page, but has learned that only "friends" can see that area of her Facebook® page. In her deposition, Wendy stated that she grants virtually all requests to be "friended." If Allison asked Shelly to do so (because Wendy does not know Shelly is Allison's paralegal), could Shelly go on to Facebook®, request that Wendy "friend" her, and download copies of any photos of Dennis drinking at the bar before the accident?

A)No, because Allison, through Shelly, would be engaging in deceptive conduct.
B)No, because Allison's belief that Wendy has posted incriminating photos is not sufficient reason.
C)Yes, because Allison's belief that Wendy has posted incriminating photos is sufficient reason.
D)Yes, because Dennis gave Wendy permission to post his photos on Facebook®.

Question 20

Katrina is a lawyer with Gotcha & Payup, a law firm in Springfield. After spending the morning in trial, Katrina has just returned to the office. The trial will resume tomorrow because the judge will be hearing motions in other matters during the afternoon. Katrina has a brief conversation with Patty Paralegal and Sharon Secretary, and Katrina comments the trial went very well that morning. About an hour later, Sharon stops by Patty's office and says "We should have the firm's social media coordinator send out a tweet on Twitter® and let everyone know that the trial is going well." What is the best way for Patty to respond out of the following options?

A)Tell Sharon that she has a good idea and tell her to suggest it to Katrina.
B)Tell Sharon that a tweet cannot be sent out because lawyers generally cannot make public comments on ongoing trials.
C)Tell Sharon that tweeting about the trial a bad idea and then suggest the idea to Katrina.
D)Tell Sharon that a tweet cannot be sent out unless the judge grants permission to Katrina.

Question 21

Gary Goodwin is a partner in Steinway, Goodwin & Iverson. He represents Bill Smith, a defendant in a lawsuit filed by his brother, George Smith. The litigation has been very contentious. George is represented by Alex Philbin, who has a reputation for being a "junkyard dog" litigator. As part of the discovery process, the parties agreed to allow Philbin and a forensic accountant visit Bill's office and review the original accounting records kept by Bill in a joint venture with George. Deena is a paralegal at Steinway, Goodwin & Iverson and working on the Smith case with Gary. On the morning of the visit to Bill's office, the receptionist calls Deena and frantically explains that Mr. Philbin is on the phone and very angry. He is saying something about Bill Smith not letting him look at the documents. The receptionist explained that Gary is in a meeting, but Philbin is claiming Bill Smith is in breach of a discovery agreement. The receptionist wants Deena to take the call. In speaking to Mr. Philbin, what is the best approach for Deena to take?

A)Explain to Philbin that he is being rude and cannot expect Gary to interrupt a meeting whenever he calls; if Philbin persists, suggest that he file a discovery motion with the court.
B)Speak to Philbin in a calm voice and explain that Gary will return the call as soon as possible; if Philbin persists, offer to interrupt the meeting and ask if Gary will take the call.
C)Speak to Philbin in a calm voice and explain that Gary cannot be interrupted for any reason.
D)Speak to Philbin in a calm voice and present a case for why Bill Smith is not in violation of the discovery agreement.

Question 22

A plaintiff's personal injury attorney recently took the deposition of a third party witness in an auto accident case. The witness is a friend of the defendant. During the deposition, the witness stated that she has a Facebook® page and that she will "friend" or grant full access to her Facebook® page to almost anyone who requests it. The attorney asks his paralegal to go on Facebook® and request that the witness "friend" her. The attorney wants his paralegal to download copies of any photos that show the defendant drinking at a party just before the accident. The above situation is most analogous to which of the following scenarios?

A)A workers' compensation attorney hires a private investigator to follow a claimant in public and take photos of the claimant's physical activity. defendant's
B)A civil litigation attorney asks her paralegal to research a background in public records.
C)A criminal law attorney hires a private investigator to interview a witness to the alleged crime.
D)A civil litigation attorney asks a private investigator to break into the house of a third party witness and photograph documents.

Question 23

A homeowner hired a contractor to build an addition on the homeowner's oceanside cottage. The contract required the contractor to begin the work on May 1 and complete the work by June 15. On April 25, a hurricane completely destroyed the homeowner's cottage. When the contractor failed to begin work on the addition on May 1, the homeowner filed suit against the contractor. This situation is most analogous to which of the following scenarios?

A)A casino owner hires a magician to perform a magic show in the casino's entertainment lounge, but the entertainment lounge is destroyed in a fire two days before the contract was to begin. The casino owner then sues the magician.
B)A homeowner hires a contractor to build an addition on the homeowner's suburban home, but a fire destroyed the home and the addition two days after completion of the addition. The homeowner then sued the contractor.
C)A farmer hired a contractor to build an addition on the farmer's barn, but two days before construction was to begin, the farmer set fire to barn so he could collect the property insurance. The farmer then sued the contractor.
D)A farmer fails to repair a fence enclosing a cow pasture, and a cow manages to escape from the farmer's property. The escaped cow is standing in the middle of the road when a driver hits the cow. The driver then sues the farmer.

Question 24

A squirrel, which makes his home in a national forest, spends six months in the summer and fall collecting and burying nuts. The following winter, the squirrel digs up the nuts and eats them at a time when food is scarce. This situation is most analogous to which of the following scenarios?

A)A large shark patrols a 1,000-square-mile area of the Pacific Ocean seeking tuna and other prey.
B)A farmer plants wheat and corn in a field, and harvests the crop in the fall. The farmer and his wife then store the harvest for consumption at a later time.
C)A bear in a state park spends the summer and fall eating and gaining weight. The bear then hibernates during the winter, relying on its stored fat.
D)A rabbit in a state park forages for grass and other edible plants in both summer and winter.

Question 25

Paula and Gabe attend the formal gala event to celebrate the opening of the city's new convention center and symphony hall. Paula, who is wearing a long evening dress, steps onto the escalator to enjoy the second-floor view overlooking the atrium. Paula's gown, however, gets caught between the moving escalator step and the guide mechanism on the side of escalator. On reaching the second floor, the mechanism pulls on Paula's gown, causing her to fall and be injured. This situation is most analogous to which of the following scenarios?

A)A passenger is injured when his scarf catches the door of a city bus and the bus starts to pull away.
B)A spectator is injured at an auto racing event when two racing cars crash and parts from the cars fly into the stands.
C)Friend is injured when he visits Landowner's land to watch Landowner drive his ATV, and a manufacturing defect causes a part to fly off of the ATV and hit Friend.
D)A chef is injured while using a sharp knife purchased from a retailer of cooking equipment.

Question 26

Buyer entered a contract with Seller for the purchase of real estate. In the county records, the land in question is divided into two lots - Parcel 1 and Parcel 2. When the transaction closed, the Seller signed the deed conveying the property believing that she was selling only Parcel 1. She later discovers, however, that the legal description attached to the deed covered both Parcel 1 and Parcel 2. Seller then sues Buyer claiming that the legal description was changed after she signed the deed. This situation is most analogous to which of the following scenarios?

A)A camping enthusiast purchased a new tent from an outdoor gear retailer. The manufacturer's label on the tent warranted that the tent could be used in temperatures as low as 30 degrees Fahrenheit, but the tent failed to stay warm in cold weather. The enthusiast sued.
B)A homeless person trespassed on a landowner's land and sustained an injury to his leg after encountering a visible and obvious hazard. The homeless person sued the landowner.
C)A car dealer special ordered a new car from the factory according the buyer's specifications, including 350 HP engine. After the car arrived and the dealer sold it to the buyer, buyer discovered that the car had only a 300 HP engine. Buyer sues dealer.
D)A trespasser breaks into an abandoned farmhouse on rancher's rural property in Nebraska and is injured when a rotted floorboard gives way. The trespasser then sues the rancher.

Question 27

Malik is a paralegal who works for Lily, a family law attorney in the state of Utopia. In the Dangerfield case, Malik's employer represents the husband in a divorce matter. One day early in the case, the husband calls Malik and asks him to have a subpoena issued to Statewide Cellular Telephone. The husband wants to use the subpoena to request copies of his wife's text messages because he believes they will help prove that his wife has been having an extramarital affair. Malik knows that, in Utopia, marital infidelity is not grounds for divorce and will not be considered in dividing the marital estate. From the following answer choices, which describes Malik's best approach?

A)Tell the husband that Statewide Cellular may not store and keep customer's electronic text messages and suggest that the husband try to find out.
B)Tell the husband that he will ask Lily if a subpoena can be obtained and hope that the husband never follows up on the request.
C)Tell the husband that serving a subpoena on Statewide Cellular and obtaining the text messages would be counterproductive, and that he should focus on trying to save his marriage.
D)Tell the husband that he cannot arrange for a subpoena unless Lily instructs him to do so, and that proof of an extramarital affair will have no legal effect on the husband's case.

Question 28

For almost one year, Karen has worked as a paralegal in a small law office with two attorneys. Karen works mostly for Lonnie, an experienced attorney who mainly handles juvenile defense cases. One of Lonnie's clients is Joey Hamilton, a fifteen-year-old boy who has been charged with breaking and entering. Joey's father, Clint Hamilton, hired Lonnie to represent Joey and is paying Lonnie's fees. As the case proceeds, Joey decides to accept a plea bargain to a lesser charge and a sentence of community service. On a day when Lonnie is out of the office, Clint calls Karen and says that he is paying for Lonnie's services and that he does not want Joey to accept the plea bargain. Clint then tells Karen to pass along his "order" to Lonnie not to enter the plea for Joey. From the following answer choices, which describes Karen's best approach?

A)Tell Clint that the decision to enter the plea belongs to Joey and that Clint cannot do anything about it.
B)Tell Clint that he will pass along his "order" and ask Lonnie to call Clint.
C)Tell Clint that he is too headstrong and that Joey is being "smothered" by Clint's overbearing attitude.
D)Tell Clint that Lonnie will do exactly as Clint requests.

Question 29

A developer entered a contract with an investment company for the purchase of real estate. The land in question is divided into two lots - Parcel 1 and Parcel 2. After the transaction closed, a dispute arose as to whether both parcels were included under the Purchase and Sale Contract and whether both parcels should have been included in the legal description attached to the Warranty Deed. If a suit were filed (by either party), which of the following would be LEAST relevant to resolving the dispute?

A)The Purchase and Sale Contract.
B)The business card of the president of the investment company.
C)The Warranty Deed.
D)The transcript of the deposition of the developer.

Question 30

An investment company entered a contract with a landowner for the purchase of real estate. The land in question is divided into two lots - Parcel 1 and Parcel 2. After the transaction closed, a dispute arose as to whether both parcels were included under the Purchase and Sale Contract and whether both parcels should have been included in the legal description attached to the Warranty Deed. If a suit were filed (by either party), which of the following would be MOST relevant to resolving the dispute?

A)The Articles of Incorporation of the investment company as filed with the secretary of state.
B)The business card of the president of the investment company.
C)The business card of the landowner.
D)A corporate resolution authorizing the president of the investment company to sign the purchase and sale documents.

Question 31

A development company from Illinois entered into a contract with a rancher in Nebraska for the purchase of forty acres on the north side of rancher's property. After the transaction closed, the parties discovered an error in the survey of the forty acres, and a dispute arose as to the exact boundaries of the forty acres and legal description of the property. If the development company sued the rancher in federal court, which of the following would be discoverable under Rule 26 and the discovery rules of the Federal Rules of Civil Procedure?

A)The deed conveying the property from the rancher to the development company.
B)The Purchase and Sale Contract between the development company and the rancher.
C)The Articles of Incorporation of the development company as filed with the secretary of state.
D)All of the above.

Question 32

Under Rule 68 of the Federal Rules of Civil Procedure, a plaintiff would be required to pay the defendant's costs after the date an offer of judgment was served if (1) the defendant made an offer of judgment, (2) the offer was not accepted, and (3) the judgment obtained by the plaintiff "is not more favorable than the unaccepted offer." If a defendant in a personal injury case served an offer of judgment on the plaintiff in the amount of $15,000, the plaintiff did not accept the offer, and the plaintiff obtained a judgment of $15,000, the plaintiff will be obligated to do which of the following?

A)Pay the defendant's costs.
B)Pay the defendant's costs, but only if ordered by the judge.
C)Pay the cost of the defendant's expert witness.
D)Pay nothing.

Question 33

Under Rule 68 of the Federal Rules of Civil Procedure, an offer of judgment must be served at least fourteen days before the date set for trial. Jerry's personal injury suit against George was set for trial on June 25. George served an offer of judgment on June 7 for $25,000 plus costs. Jerry does not accept the offer of judgment, and after trial, Jerry obtains a judgment of $20,000. George then claims that Jerry must pay the costs incurred by George in defending the suit after June 7. Jerry, however, claims that George's offer of judgment was not timely and should have been served by June 5. Assuming that none of the answer choices fall on a Saturday, Sunday, or a holiday, what was the proper deadline for service of the offer of judgment?

A)June 5.
B)June 7.
C)June 11.
D)June 13.

Question 34

Angela is a paralegal who works for Paul, an attorney representing the plaintiff in a commercial-litigation case. Paul wants to obtain copies of certain documents from Ruf-n-Tuf Chainsaw Company, a third party to the lawsuit. Paul is particularly interested in correspondence between the defendant and Ruf-n-Tuf. Paul asks Angela what method, under the discovery rules, is the best method for this purpose. Of the four main types of discovery under the federal rules, which of the following is the only method that can be used?

A)Service of a subpoena for a deposition.
B)Service of interrogatories.
C)Service of a request for production of documents.
D)Service of a request for admissions.

Question 35

Sheila is a paralegal who works for Paul, an attorney representing the plaintiff in a commercial-litigation case. As requested by Paul, a subpoena was issued and served on Ruf-n-Tuf Chainsaw Company, a third party to the lawsuit. Paul is only interested in the correspondence, including e-mail, between employees of Ruf-n-Tuf and the defendant. The subpoena set a deposition for Ruf-n-Tuf's custodian of records for September 15, but included a standard letter stating that the deposition will not be necessary if Ruf-n-Tuf provides copies of the correspondence as requested. Is it necessary in this situation for Sheila to arrange for a court reporter just in case Ruf-n-Tuf would prefer an actual deposition?

A)Yes.
B)Yes, but only if Ruf-n-Tuf agrees to pay for the court reporter.
C)No.
D)No, unless the defendant objects and demands the deposition take place.

Question 36

Under Rule 33 of the Federal Rules of Civil Procedure, a party may serve on another party "no more than 25 interrogatories, including all discrete subparts." Andrew is a paralegal at a large law firm and is working with Fred, a senior partner, and Joseph, an associate, on a real estate litigation case. Fred wants to serve interrogatories on the opposing party and asks Joseph to draft them. Andrew will be responsible for proofreading and preparing the final drafts of all discovery requests, with a goal of serving them by the end of next week. Joseph prepares a draft of the interrogatories and provides them to Andrew, but Andrew notices that Joseph has prepared 28 interrogatories. From the options listed below, what is Andrew's best approach to this situation?

A)Proofread and prepare a final version of the interrogatories and present them to Fred.
B)Proofread and prepare a final version of the interrogatories, but advise Joseph that the total number exceeds the presumptive limit.
C)Revise some interrogatories by making them subparts of other interrogatories, so that the total number of questions is 25.
D)Report Joseph's rule violation to Fred.

Question 37

Under Rule 33 of the Federal Rules of Civil Procedure, a party may serve on another party "no more than 25 interrogatories, including all discrete subparts." Patty is a paralegal at a large law firm and is working with Sharon, a senior partner, and Jill, an associate, on a commercial-litigation case. Sharon asked Jill to draft interrogatories that will be served on the opposing party. Jill drafts 28 interrogatories and asks Patty to proofread and prepare a final draft. Patty prepares the final draft, but tells Jill the total number of interrogatories exceeds the number permitted under Rule 33. Jill then revises the interrogatories by making some interrogatories subparts of other interrogatories, so that the total number of interrogatories is 25, excluding subparts. From the options listed below, what is Patty's best approach to this situation?

A)Proofread and prepare a final version of the interrogatories and present them to Sharon.
B)Begin looking for another job because working with Jill is too risky.
C)Advise Jill that the presumptive limit is inclusive of subparts.
D)Report Jill's rule violation to Sharon.

Question 38

Cameron is a paralegal for Roland, who is representing a plaintiff in a civil rights lawsuit in federal court. The opposing party has served interrogatories, and Roland has prepared draft answers to the interrogatories. After discussing the draft answers with the client, Roland gives the draft answers to Cameron and instructs her to prepare a final draft, double-check the references to the documents mentioned, and add the Bates ranges for each document referenced. As she is working on the draft answers, Cameron notices that the answer to Interrogatory No. 12 states an objection on the grounds that the interrogatory is irrelevant and designed to harass the plaintiff and/or delay the litigation. If Cameron thinks that a party cannot object to an interrogatory, is she correct?

A)Yes, because Rule 33 of the Federal Rules of Civil Procedure prohibits objections.
B)Yes, because, under the Federal Rules of Civil Procedure, only defendants can object to interrogatories.
C)No, because Rule 33 of the Federal Rules of Civil Procedure permits objections.
D)No, because objections to interrogatories are permitted under the Federal Rules of Evidence.

Question 39

Under Rule 26 of the Federal Rules of Civil Procedure, pretrial disclosures must be made at least thirty days before trial. A paralegal, however, must follow Rule 6 of the Federal Rules when docketing a litigation deadline. In the Seinfeld case, trial is set to begin on Tuesday, June 26, but thirty days prior to the trial date falls on Sunday, May 27. What is the deadline for pretrial disclosures?

A)Friday, May 25.
B)Sunday, May 27.
C)Monday May 28.
D)Tuesday, May 27.

Question 40

Kip is a paralegal for Lauren, an attorney who practices general business law and litigation. Lauren had a longtime client who sold his successful manufacturing business and retired to his ranch in a rural part of the state. Neither Lauren nor Kip have heard from the client for some time. One day, the client calls the office when Lauren is out of the office. The client explains to Kip that he has received a copy of a default judgment against him and a notice of judicial foreclosure on the ranch. He continues to explain that he is seriously ill with cancer and has needed extensive medical treatment. He then states that he does not remember being served with a lawsuit, and asks Kip what can be done. Of the options listed below, what is Kip's best approach to answering the client's question?

A)Tell the client that he will inform Lauren of the call, but state that it's unlikely anything can be done because the judgment has been entered.
B)Tell the client that he will inform Lauren of the call, and state that a motion to set aside the judgment may be possible.
C)Tell the client that he will inform Lauren of the call, and state that the plaintiff should have considered the client's medical condition before obtaining default judgment.
D)Tell the client that he will inform Lauren of the call, and offer to call the attorney for the plaintiff to see if the foreclosure can be stopped.

Question 41

You are a paralegal employed by a civil litigation attorney practicing in Illinois. Your employer wants to remove a recently filed case from state court to federal court. Your employer asks you to check the statutes and procedural rules and let him know whether the case can be removed. The case is a civil rights case involving 42 U.S.C. § 1983 and other claims. From reviewing the removal statute, you learn that a defendant may remove a state-court case to federal court if federal subject matter jurisdiction exists. You remember from your paralegal training that the two main forms of federal subject matter jurisdiction are diversity jurisdiction and federal question jurisdiction. In this case, both the plaintiff and the defendant are citizens of the state of Illinois. What other information do you need to determine whether the case can be removed?

A)Whether the other claims are based on state law.
B)Whether any of the parties are members of a protected class.
C)Whether your employer wants to remove to the federal court in Illinois.
D)Whether your employer represents the plaintiff or the defendant.

Question 42

Kerri is a paralegal and is employed by Linda Lawyer, who is an attorney licensed in the state of Utopia. Linda represents Victor, who was seriously injured when Doug Defendant hit Victor with his car while Victor was walking along a street. Doug, however, is a citizen of the state of West Utopia and has returned to his home state. Linda filed a complaint on behalf of Victor against Doug. Linda has now asked Kerri to determine whether and how personal jurisdiction can be established over Doug as the defendant. Under Utopia law, personal jurisdiction can be established (1) if the defendant is in the state when served with the lawsuit, (2) if the defendant was engaged in regular, systematic, and continuous business in the state, or (3) under a long-arm statute, if the defendant caused an in-state event and the lawsuit is based on the event. Can Kerri tell Linda that personal jurisdiction is possible?

A)Yes, because Doug is in-state and can be served.
B)Yes, because Doug was engaged in regular, systematic, and continuous business.
C)Yes, because the event that injured Victor was caused by Doug while in-state.
D)No, personal jurisdiction cannot be established.

Question 43

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?

A)Whether the teenage girl resided at the address on Denise's driver's license.
B)Whether the teenage girl was of suitable discretion.
C)Whether the teenage girl was at least 12 years old.
D)Nothing, because service of the complaint and summons was proper.

Question 44

An anthropologist was working on an archeological dig of an ancient village in a Central American country. Near the ancient village, she discovered a large circle of rocks, with larger four larger rocks carefully placed on the northern, southern, eastern, and western sides of the circle. She also found four rectangular-shaped rocks placed at other points around the circle. After a survey, the anthropologists learned that the center of the circle and the rectangular-shaped rocks were aligned with rising and setting sun on the summer solstice and with the rising and setting sun on the winter solstice. Based on this information, the anthropologist concluded, "This ancient society worshipped the sun." What assumption does this conclusion require?

A)All societies that align objects to follow the summer and winter solstices worship the sun.
B)All rock formations are aligned with the summer and winter solstices.
C)All ancient villages followed the summer and winter solstices.
D)All ancient societies were sun-worshippers.

Question 45

Catherine is a lawyer representing a retired fireman. The fireman, along with ten other individuals, invested in a commercial real estate development. The development company was later sued by a bank after it defaulted on a construction loan, and the lender named all of the investors in the suit, claiming they were guarantors of the loan. The case is pending in federal court. After the suit was served, the fireman met with Catherine and briefly met Karla, Catherine's paralegal. In the meeting, Catherine recommended that, instead of filing an answer to the complaint, a motion to dismiss be filed. The fireman accepted the recommendation, but did not really understand what that meant. Before he left, the fireman ran into Karla, and he stopped her long enough to ask her to explain motions to dismiss. Of the options listed below, what is Karla's best approach to answering the client's question?

A)Advise the fireman that she cannot answer the question because she would be engaging in the unauthorized practice of law, but that she will see if Catherine is still available to answer his question.
B)State that a motion to dismiss, under the federal rules, is a way of asking the judge to rule summarily on a party's claim or defense as a matter of law because no facts are in question.
C)State that a motion to dismiss, under the federal rules, can be filed before filing an answer to the complaint. It seeks to have a claim or party dismissed from the case because something about the complaint or its service is faulty.
D)State that a motion to dismiss, under the federal rules, can be filed before filing an answer to the complaint. It seeks to have a claim against a party dismissed because it is frivolous.

Question 46

Max is a lawyer who is representing a small business owner. The business owner and his carpet sales and installation company were sued by a customer who tripped and fell in his retail store. The case is pending in federal court because the retail store is located in Kansas City, Missouri and the customer resides in Kansas. After the suit had been pending for some time and discovery was almost complete, Max recommended that a motion for summary judgment be filed. The business owner, who is very successful, but has only a high school education, calls Max's paralegal. The business owner says to the paralegal, "Jean, I don't understand this summary judgment thing. You mean we can get rid of this whole case by asking the judge to make a ruling? Why didn't we file one a long time ago?" Of the options listed below, what is the paralegal's best approach to answering the business owner's question?

A)"Well, yes, technically a motion for summary judgment can be filed at any time after the answer was filed. But I really don't know why a summary judgment motion was not filed sooner. I think you should take that up with Max."
B)"Yes, under the federal rules, a motion for summary judgment is a way of asking the judge to rule summarily on a party's claim or defense if no facts are in question. But we couldn't file one sooner because Max decided not to file a motion to dismiss just after the complaint was served."
C)"I'm sorry. I can't answer that question because I would be engaging in the unauthorized practice of law. Would you like me to buzz Max and see if he can take your call?"
D)"Yes, in some instances, a summary judgment motion can resolve an entire case. But we can only file it if we think that there are no factual issues in dispute, which allows the judge to rule on the legal issues and resolve the case or at least an issue. We couldn't file earlier because we needed to determine if any factual issues existed."

Question 47

Hannah is a paralegal working in the Minneapolis law firm of Jackson & Pollack. She is an enrolled member of the Oglala Sioux Tribe and moved to Minneapolis to work with Bill Tallbear, who practices extensively in federal Indian law. Bill is representing the Red Lake Chippewa Tribe in a lawsuit involving upstream pollution of a river that runs through reservation land. As Hannah is preparing to schedule depositions and draft a request for production, a member of the tribal council calls and says, "Hannah, the other day, Bill kept talking about 'discovery,' and how we had to do a bunch of stuff in response to discovery. I don't understand this 'discovery' thing. Don't like the sound of it. Reminds me of Chris Columbus, and we both know that 'discovery' didn't work out too well for native peoples." Of the options listed below, what is the paralegal's best approach to answering the council member's question?

A)"Well, discovery in a lawsuit isn't like Columbus's discovery. In a lawsuit, discovery is the process that allows both sides to collect information relevant to the case. Both sides have the right to ask questions and request copies of documents. Then, each side works on identifying the most important evidence for use at trial."
B)"Well, councilman, you should really listen to Bill and do as he asks. Discovery is a really important part of the litigation process, and you can be sanctioned by the court if you don't cooperate."
C)"Well, discovery in a lawsuit isn't like Columbus's discovery. In a lawsuit, discovery requires both sides to send a statement to the other side that gives the names of people with relevant information, copies of all documents and objects related to the case, a damages computation, and copies of insurance policies, if any."
D)"I'm sorry. I can't answer that question because I would be engaging in the unauthorized practice of law. Would you like to talk to Bill?"

Question 48

Millie is a paralegal who works for John, a family law attorney. One day, Millie gets a frantic call from Sally, one of John's clients. Sally says that John's secretary sent a copy of a notice of deposition by e-mail. Sally is a bit upset because she does not know what a deposition is and is afraid she will have to attend the deposition alone. Of the options listed below, what is the Millie's best approach to answering Sally's question?

A)Explain that a deposition is an important proceeding that takes place before trial and that the judge can sanction Sally if she does attend or cooperate with the other attorney.
B)Explain that a deposition is not unusual and that John will be attending the deposition with her. Then explain that a deposition is how lawyers take a party's or witness's testimony under oath, so they know how the person will testify at trial.
C)Explain that Sally should speak with John and that John will need to know that the deposition has been scheduled, so he can speak with her after the deposition. Then explain that a deposition is how lawyers take a party's or witness's testimony under oath, so they know how the person will testify at trial.
D)Explain that Sally should speak with John because depositions are highly unusual and rarely used by attorneys and that John may want to file a motion for a protective order.

Question 49

John is a paralegal who works for Linda, an estate planning and probate attorney. One day, John gets a call from Sally, a client whom Linda is representing in will contest. Sally received a copy of a notice of deposition in the will contest. John has met Sally and knows that Sally is an intelligent and self-confident woman, but during the call, Sally explains that she has never been through a deposition and would like to know more about what to expect during the deposition. Of the options listed below, what is the John's best approach to answering Sally's question?

A)Explain to Sally that he can assist with something like rescheduling the deposition and setting up a time to meet with Linda before the deposition, but that Linda as the attorney has a better understanding of deposition procedure.
B)Explain that depositions proceed in a question-and-answer format, with each side allowed to ask questions. Linda can object to questions for the record, but generally Sally must still answer the question. A court reporter will take down everything that is said, and sometimes the deposition is videotaped.
C)Explain that depositions proceed in a question-and-answer format, and that only the other side is allowed to ask questions. Linda cannot object to any questions, and Sally cannot refuse to answer. A court reporter will take down everything that is said, and sometimes the deposition is videotaped.
D)Ask Sally if he can set up a meeting with her at the office, because the meeting will take longer than a telephone call and John can get more billable time.

Question 50

Brenda is a paralegal working at a small law firm with four attorneys. Bayside Printers, Inc. is one of the firm's clients, and the firm also acts as statutory agent for Bayside Printers. In an unfair competition case, Florida Printing Supply Co. sued Southeast Printworks, Inc. During the case Florida Printing served a subpoena on the law firm as statutory agent for Bayside Printers. Florida Printing's subpoena sought copies of Bayside's purchase orders sent to Southeast Printworks. Following office procedure, Brenda sent the subpoena and all documents served with the subpoena to the chief operating officer of Bayside. The next day, Brenda received a call from Bayside's office manager, who was in a panic and stated that she did not know Bayside had been sued and that the chief operating officer did not want to cooperate because he detests Florida Printing. Of the options listed below, what is the Brenda's best approach to responding to the office manager?

A)First, explain that, because Florida Printing has sued Bayside, Bayside is now a party to the lawsuit. Second, explain that a subpoena is a type of court order, and that Bayside is obligated to respond as requested. Finally, if necessary, explain that Bayside has the right to object, but cannot do so without good reason.
B)First, explain that Bayside Printing has been served with a subpoena and has not been sued. Second, explain that a subpoena is a type of complaint, and that Bayside must file an answer within twenty days. Finally, if necessary, explain that Bayside has the right to object, but cannot do so without good reason.
C)First, explain that Bayside Printing has been served with a subpoena and has not been sued. Second, explain that a subpoena is a type of court order, and that Bayside is obligated to respond as requested. Finally, if necessary, explain that Bayside has the right to object, but cannot do so without good reason.
D)First, explain that Bayside Printing has been served with a subpoena and has not been sued. Second, explain that a subpoena is a type of court order, and that Bayside is obligated to respond as requested. Finally, explain that Bayside must cooperate because it has no right to object to the subpoena.

Question 51

Rule 37 of the Federal Rules of Civil Procedure states:
(a) Motion for an Order Compelling Disclosure or Discovery.
(1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.
Rule 37 also states that a motion to compel can be filed in connection with required disclosures under Rule 26, depositions, interrogatories, and requests for production.
Madison is a paralegal who works for Andre, an attorney representing the plaintiff in a suit involving real estate. On behalf of the client, Andre served interrogatories on the defendant, but the defendant failed to respond. Andre sent both an e-mail and a letter to the defendant's attorney, but in both instances, the defendant's attorney stated the defendant would not respond to the interrogatories. If Andre asks Madison to prepare an initial draft of a motion to compel, which of the following approaches properly prepares the required certification of good faith in accordance with Rule 37?

A)Prepare a separate certification that is filed as a separate document and incorporated by reference into the motion to compel.
B)Prepare a separate certification that is attached as an exhibit to the motion to compel.
C)Prepare a certification statement and include it at the end of the motion to compel, immediately following the signature block for the motion.
D)All of the above.

Question 52

Rule 56 of the Federal Rules of Civil Procedure state:
(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense - or the part of each claim or defense - on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
The federal district court in your state has local rules of practice that require a separate "statement of facts" that sets forth "each material fact on which the party relies in support of the motion." The local rules continue by saying that each fact in the separate statement must be stated "in a separately numbered paragraph and must refer to a specific admissible portion of the record where the fact finds support."
From the options listed below, which describes the best approach to organizing internal cross-references in the motion for summary judgment and statement of facts?

A)To support a fact discussed in the motion, use a short reference number that corresponds to the associated paragraph in the statement of facts, and to reference the supporting document(s) for a fact in the statement of fact, use an exhibit number(s) and attached exhibit(s).
B)To support a fact discussed in the motion, use exhibit number(s) that correspond to exhibit(s) attached to the statement of facts.
C)To support a fact discussed in the motion, use a short reference number that corresponds to the associated exhibit number for exhibits attached to the statement of facts, and to reference the supporting document(s) for a fact in the statement of fact, use an exhibit number(s) and attached exhibit(s).
D)None of the above.

Question 53

Artigue & Associates is a mid-size law firm that focuses on business law and real estate transactions. Paula is a paralegal with the firm and working with Alex Associate on a transaction involving the sale of Clifford Client's 100% interest in a construction company. One day, Paula gets a call from Clifford. Clifford explains that Alex told him that it's necessary to do considerable "due diligence" to complete the sale of his business. Clifford says, "I don't understand. I've always been diligent about doing my own work, but I'm just selling my construction company. Why do I need to do anything other than sign the contract and accept the payment?" Of the options listed below, what is the Paula's best approach to answering Clifford's question?

A)Explain to Clifford that Alex was mistaken and that due diligence applies only to buyers in any transaction.
B)Explain to Clifford that due diligence involves taking reasonable steps to meet the duty of care required of all businesspersons, such as using the business judgment rule and avoiding insider trading.
C)Explain to Clifford that due diligence involves taking reasonable care to avoid problems that could arise, such as selling to a corporation that does not exist or to a buyer that cannot qualify for a loan.
D)Explain to Clifford that she does not really understand due diligence and that he should ask Clifford.

Question 54

Kathy is a paralegal at a large law firm located in a large building in a downtown area. She works in the transactional department with attorneys Peter and Cheryl. Peter's domestic partner is George, and over the years, Kathy, Peter, and George have become good friends. Kathy also knows Tina, a secretary at a mid-size law firm in the same building. One day, when Kathy was at lunch with Tina, Tina mentioned that she heard an associate in her law firm is having a sexual relationship with Peter. From the options listed below, what is Kathy's best response to Peter and George?

A)Confront Peter with the information, and if Peter admits the relationship, tell George what she has learned.
B)Approach Peter confidentially, tell him she is not comfortable with situation, and let him know that if he does not break it off, she will request a transfer to another department.
C)Not mention anything to either Peter or George in order to maintain a professional relationship with Peter and others at the law firm.
D)Approach George confidentially, try to find out if he already knows, and if he does not, tell him about Peter's relationship.

Question 55

Kramer & Costanza is a law firm that handles real estate litigation cases in New York. Bill is a paralegal at the firm who is assigned to work with Mr. Seinfeld on the Grant case. In that case, the plaintiff claims he is rightful owner of real estate that the previous owner sold to both the plaintiff and to Mr. Grant. Mr. Seinfeld has drafted a motion for summary judgment and has asked Bill to collect and organize copies of the documents referenced in the motion. Bill then reviews the motion and sees that he will need to retrieve a copy of the deed to Mr. Grant from the document production. The document production includes three versions of the deed. From the following list, which version is the best version to use as an exhibit?

A)An exemplar version that was attached to sale and purchase contract as an exhibit.
B)A version of the deed bearing the signature of the seller.
C)A notarized version of the deed bearing the signature of the seller.
D)A recorded version of the notarized deed bearing the signature of the seller.

Question 56

Kramer & Costanza, formerly a New York law firm, closed its doors and moved to Washington state after Kosmo Kramer made a pass at a female judge during a bench-bar mixer. Mr. Kramer hired Allison as a paralegal and began practicing criminal law (after being admitted to the Washington bar). Kramer's first client, Mr. Newman, was an investment broker who had been subpoenaed to appear before a grand jury. The grand jury was investigating a real estate partnership that went bankrupt after Newman convinced several people to invest in the partnership. Newman called Allison at a time when Kramer was out of the office, and Newman asked Allison, "This grand jury thing, they're just going to ask me questions, right? I don't have to worry about the grand jury coming after me, right?" And then, "Kosmo's going to be there with me, right?" From the following options, what is best response that Allison can give?

A)Explain that the members of the grand jury will ask him questions and that grand jury will tell him if he is a subject of the investigation, but that attorneys are not allowed to accompany witnesses to grand jury hearings.
B)Explain that the prosecutor at the grand jury will ask him questions, but that grand jury proceedings are secret and that a witness's attorneys may ask follow-up questions.
C)Explain that the prosecutor and members of the grand jury will ask him questions, and that grand jury proceedings are open to the public and that attorneys are permitted to accompany witnesses to grand jury hearings.
D)Explain that the prosecutor at the grand jury will ask him questions, but that grand jury proceedings are secret and that attorneys are not allowed to accompany witnesses into grand jury hearings.

Question 57

Jack is an experienced transactional paralegal with Ives & Currier. He has been asked to prepare and file an UCC Financing Statement for a client's loan transaction. The client made a loan from his family trust, the Williams Family Trust, to his son-in-law's business, Xact Machinery Co., with the Trust taking a security interest in two computer-controlled milling machines. Jack gathered all of the necessary information, prepared the Financing Statement, and filed it with the appropriate filing office. After he received a copy of the Financing Statement, the client called Jack and said the Financing Statement was wrong-it said that the secured party was Samuel A. Williams, Trustee, not the Williams Family Trust. Jack knew from his paralegal training and experience that a Financing Statement only served as "notice" to others of the secured party's interest. To learn more about the secured party's interest, another person must contact the secured party. Jack also knew that it is far more important to make sure that the debtor's name is correct. From the options listed below, what is Jack's best response?

A)Explain to Mr. Williams that everything is fine so long as the name of the debtor is correct and correctly spelled.
B)Explain to Mr. Williams that his name as trustee is adequate because the Financing Statement only serves as a notice to others who may claim an interest in the collateral.
C)Apologize to Mr. Williams, and then prepare and file a corrected Financing Statement that uses the name of the Williams Family Trust.
D)Explain to Mr. Williams that everything is fine, but that he will check with one of the attorneys and revise the Financing Statement if instructed to do so.

Question 58

Janice is a transactional paralegal working for Cynthia Alameda of Alameda & Associates. One of the firm's clients is Cory's Concrete Cutting Service, which is in the process of obtaining a business loan so it can expand its operations. The lender has approved the loan to Cory's, but is requiring that the loan be secured by a security interest in Cory's concrete cutting equipment. The president of Cory's, Cory Johnson, is working with Janice on finalizing the list of concrete cutting equipment when Mr. Johnson asks what the financing statement does. Janice explains both security interests and UCC Financing Statements, and how the collateral security agreement could allow the lender to take possession of the concrete cutting equipment if loan payments are not made on time. Later, as the meeting is about to break up, Mr. Johnson says, "Well, I'm sure glad I'm protected against having the lender take my concrete cutting equipment." From the options listed below, what is Janice's best approach to responding to Mr. Johnson's comment?

A)Ignore the comment because she fully and correctly explained security interests, financing statements, and the lender's right to take possession upon default.
B)Ignore the comment because Mr. Johnson is an experienced businessperson and can be expected to understand the consequences of default.
C)Discuss the security interest, financing statement, and lender's right to take possession on default to make sure that Mr. Johnson understands the potential consequences.
D)Arrange for Mr. Johnson to meet with Ms. Alameda so Mr. Johnson's attorney can explain the security interest, financing statement, and lender's right to take possession on default.

Question 59

Corrigan Law Group (CLG) is a mid-size law firm practicing in commercial law and litigation. CLG represents Biltmore Medical Products Co. (BMP), and Bill Samuelson is the president of BMP. Bill calls Paula, a paralegal at CLG, because he wants to see if Paula's boss, Andre, can meet with him to discuss whether Andre can represent Bill. Bill says he received a letter from the U.S. Department of Justice stating that he is being investigated for insider trading involving the purchase of shares in BMP. From the options listed below, what is Paula's best response?

A)Set the appointment for Bill to meet with Andre, even if Paula believes that Andre will not be interested in representing Bill.
B)Advise Bill that Andre and CLG cannot represent Bill personally on the insider trading matter because Bill's interests will, most likely, conflict with the interests of BMP.
C)Advise Bill that CLG practices in commercial law and litigation and cannot represent Bill in the insider trading matter because it is a criminal investigation.
D)Set an appointment for Bill to meet with another attorney in CLG.

Question 60

Marshall is a paralegal working for Larry, a sole practitioner who practices in estate planning, probate, and estate taxation. Axel and Mary are a married couple who hired Larry to prepare an estate plan, including wills and a trust agreement. Axel and Mary have one adult child. After Larry and Marshall met with Axel and Mary about their estate plan, Marshall began preparing the wills and the trust agreement. At that point, Axel called Marshall and wanted to change the instructions he had given for his will. Axel stated that he had fathered another child with another woman after he married Mary. Axel wanted to give $30,000 to the child in his will, but does not want Mary to know about the gift. From the options listed below, what is Marshall's best response?

A)Accept the request and make the revision because Marshall is an experienced estate planning paralegal and knows Axel from the meeting with Axel and Mary.
B)Advise Axel that he can only accept the requested change if Mary agrees to it.
C)Advise Axel that he can only accept the requested change if Larry agrees to it and see if Larry is available to speak with Axel.
D)Advise Axel that his request creates a conflict of interest between Axel and Mary, that Larry may not be able to continue representing both, and that he should speak with Larry.

Question 61

The following conversation took place between Consuela, a paralegal, and Rita, the owner of Citywide Realty. Consuela's employer has asked her to interview Rita about whether an enforceable contract was formed between Citywide and an office leasing company.
Consuela: Good morning, Rita. I understand we need to talk about the leasing company matter.
Rita: Good morning, Consuela. That's right. I first started by calling Cal, the leasing agent for the office space on Main Street. I asked him if the space was still available and rental rate on a per-square-foot basis. I had done a walkthrough of the office with Cal about five months earlier, but decided I wasn't ready to move out of my home office, so I didn't lease at that time.
Consuela: What did he say?
Rita: Cal said it was available and that the asking price was $5.50 per square foot. He said he could offer it at that price for a total of 1,000 square feet. I then asked him if that included utilities and maintenance, and he said yes.
Consuela: What happened then?
Rita: Well that price was about $1.00 higher than when I did the walkthrough. I told him I didn't like the asking price. He told me that vacancy rates had gone down, so the market price had gone up and that he couldn't go any lower. I told him I'd think about it, but I had doubts about leasing at that price. That was the end of the call. A week later, Cal claimed we had entered a lease for the space.
Which of the following best identifies the key facts as described by Rita?

A)Rita called Cal about the office space was on Main Street; Rita had done walkthrough five months earlier, but decided to continue working in her home office; Rita did not like current asking price; Rita said she'd think about it, but had doubts.
B)The office space was on Main Street and the issue involves a potential lease; asking price was $5.50 per square foot for 1,000 square feet; price included utilities and maintenance; Cal stated decreased vacancy rates had increased the market price and that he could not go any lower; Cal claimed contract entered.
C)The office space was on Main Street and the issue involves a potential lease; asking price was $5.50 per square foot for 1,000 square feet; price included utilities and maintenance; Rita did not like asking price; Rita said she'd think about it, but had doubts; Cal claimed contract entered.
D)Rita called Cal about the office space was on Main Street; the office space was on Main Street and was still available; asking price was $5.50 per square foot for 1,000 square feet; price included utilities and maintenance; Cal claimed contract entered.

Question 62

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?

A)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.
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.
C)A case in which Driver A in a blue car ran a red light and hit a green car driven by Driver B.
D)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.

Question 63

Michael works for an attorney practicing in civil litigation. Michael's employer is handling a case involving a 30-acre parcel owned by a wealthy entrepreneur. The 30-acre parcel has a large house on it and thick woods surrounding the main house. A young man entered the parcel to hunt quail in the wooded area surrounding the house. As Michael's employer is drafting a motion, he asks Michael to find cases with facts similar to the facts of this case. Which of the following cases is most analogous to the insurance defense attorney's case?

A)A case in which a landowner operated a canoe-rental business on land with a lake, and two boys entered the property, took a canoe that was not locked in a storage locker, used it on the lake, and one boy drowned.
B)A case in which a homeless person sued a property owner after entering the owner's land looking for a safe spot to sleep and was injured by a sharp nail in an abandoned boat house.
C)A case in which an elderly woman was injured after she was invited to a homeowner's bridal shower for her daughter, and a young child pulled a chair out from under the elderly woman as she was about to sit down.
D)A case in which a helicopter pilot lands on a farmer's land after the pilot spots an interesting old barn and wants to photograph the barn from the ground.

Question 64

Bart is paralegal working for the Law Office of Lisa Simpson. Ms. Simpson is handling a real estate case that involves a farmer who sold a forty-acre parcel from the northeast quarter of the farmer's 160-acre farm. As Ms. Simpson is drafting a motion, she asks Bart to find cases with facts similar to the facts of this case. Which of the following cases is most analogous to the farmer's case?

A)A case in which a car dealership sold one-half of its inventory of new cars to a dealer in the southern part of the state.
B)A case in which two persons owned real estate as tenants-in-common, and one person owned a one-quarter interest and the other person owned a three-quarters interest.
C)A case in which a person obtained ownership of a quarter section of a 160-acre woodland after residing on the quarter section for 15 years.
D)A case in which a woman paid a landowner for the right to build and maintain a road over the western-most portion of the landowner's land.

Question 65

Homer is paralegal working for the Law Office of Marge Simpson. Ms. Simpson is handling a real estate case that involves Lot A and Lot B, which are adjacent to each other. The owner of Lot A began digging a hole on his lot as the basement for the house he wanted to build. One edge of the hole was near the boundary line with Lot B, and during the digging process the edge near Lot B collapsed and part of Lot B fell into the hole on Lot A. As Ms. Simpson is drafting a motion, she asks Homer to find cases with facts similar to the fact of this case. Which of the following cases is most analogous to the case Ms. Simpson is handling?

A)A case in which a mining company operated an open-pit mining operation on land that it owned and one area of the open-pit mine collapsed on a hauling company's truck.
B)A case in which two neighbors owned adjacent lots in a subdivision, and one neighbor's above-ground swimming pool sprung a leak and flooded the other neighbor's property.
C)A case in which a farmer owned the surface rights to farmland, and a mining company owned the subsurface mining rights, and a mining operation caused the surface to collapse.
D)A case in which a driver lost control of her vehicle on an icy, rural road, and the vehicle left the road and ran through a landowner's flower garden.

Question 66

A farmer owns farmland in a rural county. On a portion of the farmland, the farmer once ran a crop-dusting operation, including underground storage containers for pesticides and fuel, a hangar for the crop-dusting airplane, and a landing strip. The farmer decides to sell the portion of the farmland once used for the crop-dusting operation. A buyer is interested in purchasing the parcel and does all the necessary due diligence. Through this due diligence, the buyer learns that: (1) an employee-pilot was killed on the parcel when attempting to land a crop-dusting plane; (2) an underground fuel-storage tank once had a leak and contaminated the ground; (3) the crop-dusting business was once sued for use of a now-banned pesticide; and (4) the farmer grows corn on the farmland next to the leaky underground fuel-storage tank. Which of these four matters is most likely to discourage the buyer from purchasing the parcel?

A)The employee-pilot who was killed while attempting to land a crop-dusting plane.
B)The underground fuel-storage tank that leaked and contaminated the ground.
C)The crop-dusting business was once sued for use of a now-banned pesticide.
D)The farmer grows corn on the farmland next to the ground contaminated by the leaky underground fuel-storage tank.

Question 67

A Native American was stopped by a federal officer just outside a national park. The federal officer could see, in plain view, an eagle feather on the passenger-side seat next to the Native American. The Native American told the officer that the eagle feather would be used in a religious ceremony. The federal officer arrested the Native American for illegal possession of an eagle feather in violation of the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. Generally, under federal law, the possession, sale, and use of eagle feathers is prohibited, except that a Native American may possess and use eagle feathers if the Native American is an enrolled tribal member and the possession and use is for religious or cultural purposes. What else must the Native American show to avoid a conviction?

A)That he had a hunting license that permitted hunting in the national forest.
B)That the religious ceremony was officially recognized by his tribe.
C)That he is an enrolled member of a federally recognized tribe.
D)That he is recognized as a Native American shaman or "medicine man."

Question 68

Jackie is a paralegal working for Huey & Duey, Attorneys at Law. One day when both Huey and Duey are in court, Jackie takes a call from a potential client. The potential client, Bruno, states that he has been charged with burglary, but he only entered his former girlfriend's apartment to retrieve his chess set. Jackie knows that, in her jurisdiction, a defendant will be guilty of burglary if the person breaks and enters a residence or commercial structure with intent to commit a felony therein. Jackie recognizes that Bruno did not intend to steal or commit a felony in his girlfriend's apartment and may not be guilty of burglary. From the options listed below, what is the best response that Jackie can give to Bruno?

A)Tell Bruno that he is not guilty of burglary and that Huey & Duey will take the case.
B)Tell Bruno that, even if he is not guilty of burglary, he may be guilty of breaking and entering.
C)Tell Bruno that he must speak with Huey or Duey because only an attorney can agree to accept the case, and then take Bruno's contact information.
D)Tell Bruno that, even if he is not guilty of burglary, he was wrong to break into his former girlfriend's apartment.

Question 69

A trucking company has three bays for loading and unloading delivery trucks, identified as Bay A, Bay B, and Bay C. The company also has five trucks that all need to be loaded for deliveries within one hour using only the three bays. Truck 1 will take 45 minutes to load. Truck 2 will take 25 minutes to load. Truck 3 will take 15 minutes to load. Truck 4 will take 35 minutes to load. Truck 5 will take 45 minutes to load. Which of the following answer choices will accomplish all of the loading within one hour?

A)Load Truck 1 in Bay A, Trucks 2 and 4 in Bay B, and Trucks 3 and 5 in Bay C.
B)Load Trucks 1 and 2 in Bay A, Truck 4 in Bay B, and Trucks 3 and 5 in Bay C.
C)Load Trucks 1 and 4 in Bay A, Truck 2 in Bay B, and Trucks 3 and 5 in Bay C.
D)Load Truck 1 in Bay A, Trucks 3 and 4 in Bay B, and Trucks 2 and 5 in Bay C.

Question 70

The following facts were established during a hearing in a criminal case:
- The police arrested John for suspicion of robbery.
- He was arrested on Fifth Street as he was walking past the Shop-N-Save Mart.
- The victim identified John from a book of mug shots collected by the police.
- Immediately upon arrest John was advised of his Miranda rights-the right to remain silent and the right to an attorney.
- At the police station, John was placed in an interrogation room.
- A police officer interviewed John.
- John confirmed certain information, including his name, home address, work address, and a fifteen-year-old conviction for theft.
- All interrogation was stopped on John's request.
- The police started interrogating John again one hour later without John's attorney.
- John then confessed to the robbery.
The right to remain silent provides that all interrogation must stop if the suspect invokes the right to remain silent. The right to counsel provides that, if assistance of counsel is requested by a suspect, all interrogation must stop and cannot be reinitiated unless counsel is present. If John later claimed the confession violated his Miranda rights, what other fact or facts must John prove?

A)That John did not commit the robbery.
B)That John's confession was coerced during the interrogation process.
C)That, before the interrogation was stopped, John invoked his right to remain silent.
D)That, before the interrogation was stopped, John requested the assistance of counsel.

Question 71

The following facts were established during a hearing in a criminal case:
- John was arrested for robbery of a convenience store.
- Immediately upon arrest John was advised of his Miranda rights-the right to remain silent and the right to an attorney.
- John was booked into the county jail.
- John was charged at an arraignment held the day after his arrest.
- After a bail hearing, John was released on $30,000 bail.
- An undercover police officer, wearing a "wire," met John at a bar.
- The officer deliberately began talking about robberies in town.
- During the conversation John admitted that he robbed the convenience store.
- The prosecutor wants to use the tape recording of John's "confession" at trial.
Under the Sixth Amendment, a defendant's statement is not admissible if (1) the defendant has been charged or indicted, (2) the police "deliberately elicited" an incriminating statement, (3) the statement was related to the charge or indictment, and (4) the defendant's counsel was not present when the statement was elicited. If John later claimed the statement at the bar violated his Sixth Amendment rights, what other fact or facts must John prove?

A)That John was charged with robbery at the arraignment.
B)That John's attorney was not present during the conversation at the bar.
C)That John's "confession" in the bar was incriminating.
D)That his "confession" was coerced.

Question 72

The following facts were established during a post-trial hearing in a criminal case:
- John was arrested and tried for a burglary of a sporting goods store.
- A witness, whom John did not know, was called by John's attorney and testified that he saw John at a bar at 10:00 p.m. on the evening of the burglary.
- The sporting goods store had closed at 8:30 p.m. that night.
- The security alarm went off at 10:05 p.m.
- The burglar entered through a window at the back of the store.
- DNA evidence collected from the window had a 99.9% match to John.
- On the last day of the four-day trial, John's attorney appeared in court wearing the same suit he had worn the day before and smelling of Chanel No. 5 perfume.
- Case law gives examples of deficient performance, including attorneys appearing in court while under the influence, falling asleep for long periods in court, and failing to put on any defense despite requests from the defendant.
- After four hours of deliberation, the jury found John guilty of burglary.
- John claims that the jury should have believed the witness.
Under the Constitution, a defendant has a right to effective assistance of counsel. The assistance of counsel is ineffective if (1) the attorney's performance was deficient, and (2) but for the deficient performance, the outcome of the defendant's trial would have been different. If John later claimed that he received ineffective assistance of counsel, can the facts be used to support both elements of rule?

A)No, because deficient performance cannot be supported by the attorney wearing the same suit two days in a row and smelling of perfume.
B)No, because the "but-for" element cannot be supported since the DNA evidence showed a 99.9% match and the jury reasonably accepted that evidence over the witness testimony.
C)Yes, because wearing the same suit for two days and smelling of perfume is consistent with the case law examples, and John would not have been convicted "but-for" the jury failing to believe the witness.
D)Both A and B above.

Question 73

Camille is a paralegal who just started working for attorney John Baxter. John practices mainly in personal injury and civil litigation, but Camille has never worked in litigation before. In the Tran case, John filed a motion for summary judgment about three months ago. The defendant filed a response to the motion, and John then filed a reply. As such, the motion for summary judgment is fully briefed. John has now asked Camille to call the judge's office and find out if the hearing date has been set-and if it has not been set, work out a hearing date with the court and the defendant's attorney. The rule on ex parte communications prevents attorneys from speaking with the judge or the judge's staff about a case unless the opposing counsel is present. Can Camille call the court as requested?

A)No, because the rule prohibits any ex parte communication with the judge or judge's staff, including communications by an attorney's employee.
B)No, unless Camille gets someone from the opposing counsel's office on the line in a conference call with the judge's office.
C)Yes, because the rule on ex parte communications does not prohibit routine communications by staff on procedural matters, such as scheduling.
D)Yes, because Camille's employer has authorized her to call the judge's staff.

Question 74

On June 1, Art Dealer mailed an offer to Collector. The offer, which was received on June 3, offered to sell a painting to Collector. On the same day he received the offer, Collector mailed an acceptance of the offer to Art Dealer. On June 5, Collector called Art Dealer and told him that he had mailed an acceptance, but was calling to revoke it. On June 6, Art Dealer received the acceptance. Under the Mailbox Rule, an acceptance is effective when mailed. However, an exception exists if a revocation of the acceptance is received by the offerer before the acceptance is received. On the facts above, was Collector's acceptance effectively revoked?

A)Yes, because Collector called and told Art Dealer he was revoking his acceptance on June 5.
B)Yes, because Collector called and told Art Dealer he was revoking his acceptance.
C)No, because Collector mailed an acceptance on June 3, so the acceptance was effective on June 3, before the revocation.
D)No, because an acceptance cannot be revoked.

Question 75

On June 1, Art Dealer mailed an offer to Collector. The offer, which was received on June 3, offered to sell a painting to Collector. On the same day he received the offer, Collector mailed an acceptance of the offer to Art Dealer. On June 5, Collector called Art Dealer's office and left a message on Art Dealer's voicemail. The message indicated that Collector had mailed an acceptance, but was calling to revoke it. Art Dealer was out of town that day and was unable to check her voicemail. On June 6, Art Dealer received the acceptance and immediately mailed a letter to Collector confirming the sale. Under the Mailbox Rule, an acceptance is effective when mailed. However, an exception exists if a revocation is actually received by the offerer before the acceptance is received. On the facts above, was Collector's acceptance effectively revoked?

A)Yes, because Collector called Art Dealer on June 5 and left a message that he was revoking his acceptance.
B)Yes, because Art Dealer was negligent in not checking her voicemail on June 5, and but for that negligence she would have known of the revocation.
C)No, because Art Dealer did not receive the revocation before she received the acceptance on June 6.
D)No, because an acceptance cannot be revoked.

Question 76

Peter Plaintiff was walking down the sidewalk next to Dagmar's Microbrewery. As he passed under an open window on the second floor of the brewery, Peter was hit by a falling barrel that caused serious injury to his head and arm. Peter filed a negligence action against Dagmar's Microbrewery. At trial, Dagmar's Microbrewery admits that the barrel was from the microbrewery and that Dagmar's Microbrewery owed a duty of care to others under negligence law. Peter also offers evidence of his injuries and medical expenses. Peter was unable to offer any other evidence. From the answer choices below, what additional evidence would be most helpful to completing Peter's negligence claim?

A)That the barrel was under the control of Dagmar's Microbrewery and that it fell as a result of an employee's carelessness.
B)That Dagmar's Microbrewery is responsible for the acts of its employees under the doctrine of respondeat superior.
C)That Dagmar's Microbrewery is the manufacturer and owner of the barrel.
D)That Dagmar's Microbrewery intended to use the barrel to store and transport its product.

Question 77

A police officer was cruising down a suburban street when he saw a juvenile standing in the front yard of a house and holding two or three rocks. The officer then noticed another juvenile two houses down the street standing in the front yard of another property. The second juvenile was holding his head and bleeding. The homeowner of the property between where the first and second juveniles were standing wants to sue the first juvenile for trespass. To prove trespass, a plaintiff must prove an intentional invasion of the person's property. What additional fact must the homeowner prove to support a trespass claim?

A)That the first juvenile was holding rocks that he found on the property where he was standing.
B)That the police officer arrested the first juvenile for trespassing on the property where he was standing.
C)That the first juvenile caused damage to the homeowner's property.
D)That the first juvenile threw a rock across the front yard of the homeowner's property.

Question 78

Which of the following metes and bounds legal descriptions is NOT correct?

A)Starting at the southernmost point of the property, 40 feet northeast, then 40 feet northwest, then 40 feet southwest, then 40 feet southeast.
B)Starting at the northernmost point of the property, 100 feet southeast, then 100 feet southwest, then 100 feet northwest, then 100 feet east.
C)Starting at the northwest corner of the property, 50 feet east, then 55 feet south, then 50 feet west, then 55 feet north.
D)Starting on the westernmost point of the property, 300 feet northeast, then 200 feet southeast, then 300 feet southwest, then 200 feet northwest.

Question 79

Morningstar Estates is a subdivision that has ten lots. The legal description for each lot uses the following format: "Lot __, Morningstar Estates, according to the plat of record in the county records." Morningstar Estates also has a homeowner's association, and the rules of the homeowner's association apply to all ten lots identified in the Morningstar Estates plat map. If a paralegal concluded that the rules of the homeowner's association applied to Lot 7, what minor premise is necessary for that conclusion?

A)Lot 7 is a lot identified in the plat map.
B)The plat map covers ten lots.
C)The plat map was approved by the county planning authority.
D)The rules of the homeowner's association apply to Lot 7.

Question 80

A surgeon performed abdominal surgery on a patient. After the operation, the patient had abdominal pain for months. An x-ray then revealed that a sponge had been left in the patient's abdomen. The patient then sued the surgeon for negligence. The surgeon admitted that he owed a duty of care to the patient. From the following answer choices, what additional fact would be most helpful in completing the patient's claim?

A)That the sponge was too large to safely leave in the patient's abdomen.
B)That the patient is able to file a complaint with the state medical board.
C)That the surgeon's action or inaction resulted in leaving the sponge in the patient's abdomen.
D)That it is impossible for the surgeon to remove the sponge without harming the patient.