Paralegal Certificate Course



Paralegal Certificate Course

1. Criminal law is unlike tort law because:

a. Battery is a crime but not a tort

b. Tort is mostly based on case law while Criminal is mostly statutory

c. Punitive damages in tort law are intended to compensate the victim

d. Criminal law has the same procedure rules but different substantive laws

Ans: D

2. "Pleading the 5th" refers to:

a. Filing a criminal complaint for Murder in the Fifth Degree

b. The Due Process Clause in the Fifth Amendment of the U.S. Constitution

c. The Constitutional right not to be forced to testify against yourself

d. Throwing oneself on the mercy of the court

Ans: C

3. In criminal prosecutions, the prosecution must prove that there was Actus Reus, a "guilty act" and also:

a. Res Ipsa Loquitor, an "act standing on its own"

b. Pro Bono, a "guilty conscience"

c. E Pluribus Unum, an "act arising out of many acts"

d. Mens Rea, a "guilty intent" or "guilty mind"

Ans: D

4. The difference between an Accessory and an Accomplice to a crime is:

a. an Accessory isn't present at the crime scene 

b. an Accomplice isn't present at the crime scene

c. an Accessory is a principal, while an Accomplice is not

d. an Accessory helps out "after the fact"

Ans: A

6. A “Stop and frisk” is different than an arrest because:

Ans:(d). a “stop and frisk” allows the police officer to search the suspects pocket for any contraband.

7. Evidence seized in violation of a defendant's constitutional rights is inadmissible at the defendant's trial under the:

Ans: (C) Exclusionary Rule

8. The Miranda Warnings must be read to a suspect:

Ans: (d) Before the suspect is interrogated while in custody.

9. Bail is money used to:

Ans: (C) Make sure that the defendant returns to court for their trail.

11. The Uniform Commercial Code:

Ans: (d) Outlaws false advertising in all 50 states.

12. Each of the following are ways to categorize contacts except:

Ans: (C) Contractual vs. UnContractual

13. The Elements of a Binding Contract are:

Ans: (a) Offer, Acceptance and Consideration

14. Which of the following is true about the conversation between Jeff and Fred?

Ans: (a) A valid contract has been formed because Jeff made and offer and Fred accepted the offer.

15. Assume Jeff and Fred had a valid contract in the above scenario. Fred later realizes that he paid way too much for Jeff's sneakers and sues Jeff. The result of the court case will be that:

Ans: (d) Jeff will be convicted of fraudulent sale under the UCC.

16. All of the following are types of discovery ...