Paralegal Pace Practice Test Questions
Paralegal Advanced Competency Exam (PACE) is a computer-based exam to gauge competency levels among experienced paralegals. PACE is not just an entry-level certification exam, it is basically an exam of advanced competency with strict eligibility guidelines. Candidates must submit applications, supported by college transcripts and affidavits attesting to the nature and duration of substantive paralegal work experience.
- 1.
A lawsuit has been filed and the summons has been delivered to the defendant. He fails to file an answer within the time frame set by the court. What happens next?
- A.
The defendant will be held in contempt of court.
- B.
Plaintiff's counsel will file a motion for default judgment.
- C.
The clerk of the courts will contact the defendant.
- D.
The suit will move to trial.
Correct Answer
B. Plaintiff's counsel will file a motion for default judgment.Explanation
If a defendant fails to respond to a lawsuit within the specified time frame, the plaintiff can ask the court to enter a default judgment. This means the court may rule in favor of the plaintiff because the defendant did not respond or defend their case.
So, the correct answer to your question is: “Plaintiff’s counsel will file a motion for default judgment.” However, it’s important to note that legal procedures can vary by jurisdiction and specific circumstances, so this is a general answer and may not apply in all situations. It’s always best to consult with a legal professional for advice tailored to a specific situation.Rate this question:
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- 2.
A paralegal is to give notice to a witness of a deposition. Which of the following are acceptable means to give notice of a deposition?
- A.
Written notice by mail
- B.
Written notice by mail, phone call, email or face-to-face communication
- C.
Written notice by mail, phone call or email
- D.
Written notice by mail or a phone call
Correct Answer
C. Written notice by mail, phone call or emailExplanation
The correct answer is written notice by mail, phone call or email. These are acceptable means to give notice of a deposition because they provide different options for the witness to receive the notice. Written notice by mail ensures that the witness receives a physical copy of the notice. A phone call allows for direct communication with the witness to confirm receipt and address any questions. Email provides a quick and efficient way to send the notice electronically, which is commonly used in modern communication.Rate this question:
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- 3.
You have found work as a litigation paralegal. Which of the following is NOT likely to be one of your duties?
- A.
Sign the pleadings
- B.
Interview witnesses
- C.
Assist in jury selection
- D.
Draft the complaint
Correct Answer
A. Sign the pleadingsExplanation
As a litigation paralegal, it is unlikely that signing the pleadings would be one of your duties. While you may assist in drafting the complaint, interviewing witnesses, and assisting in jury selection, signing the pleadings is typically the responsibility of the attorney or the client. Paralegals are often involved in the preparation and organization of legal documents, but the final signing is typically done by someone with legal authority.Rate this question:
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- 4.
One of the core ethical principles for paralegals states that all paralegals must demonstrate professional competence and personal integrity at all times. How might you violate this rule?
- A.
Meeting a client after hours for personal business
- B.
Forming a personal relationship with a client
- C.
Accepting a gift from a client
- D.
Any of the above
Correct Answer
A. Meeting a client after hours for personal businessExplanation
Meeting a client after hours for personal business may violate the core ethical principle for paralegals of demonstrating professional competence and personal integrity. This is because meeting a client after hours for personal business blurs the boundaries between personal and professional relationships, potentially compromising the paralegal's objectivity and professionalism. It may also create conflicts of interest and undermine the trust and confidentiality expected in a professional legal relationship. Therefore, engaging in personal business with a client outside of regular working hours can be seen as a violation of this ethical principle.Rate this question:
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- 5.
Which of the following remedies for breach of contract must be included in the contract in order to be recoverable?
- A.
Consequential Damages
- B.
Attorney fees and costs
- C.
Equitable relief
- D.
Punitive Damages
Correct Answer
A. Consequential DamagesExplanation
Consequential damages must be included in the contract in order to be recoverable. Consequential damages refer to the losses that are not directly caused by the breach of contract, but are a result of the breach and are reasonably foreseeable. Including consequential damages in the contract ensures that parties are aware of the potential risks and liabilities associated with a breach, and allows for the possibility of recovering these damages in case of a breach.Rate this question:
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- 6.
A number of events take place as part of discovery in a lawsuit. Which of the following is not one of them?
- A.
Motion to Compel
- B.
Admissions
- C.
Request for Production of Documents
- D.
Motion to Dismiss
Correct Answer
D. Motion to DismissExplanation
Motion to Dismiss is not part of the discovery process in a lawsuit. Discovery is the pre-trial phase in a lawsuit where both parties exchange relevant information and evidence to prepare for trial. The three other options – Motion to Compel, Admissions, and Request for Production of Documents – are all common events that occur during discovery. Motion to Compel asks the court to order a party to produce requested information, Admissions involve one party asking the other to admit or deny specific facts, and Request for Production of Documents involves asking for relevant documents and records. Motion to Dismiss, on the other hand, is a request to the court to dismiss the case entirely, usually based on legal deficiencies in the plaintiff's claim.Rate this question:
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- 7.
A paralegal is most likely to inadvertently violate attorney-client privilege in which of the following circumstances?
- A.
Mailing discovery to opposing counsel
- B.
Talking to the client on the phone while you are in an elevator with others
- C.
Talking about your day in court at the bar with your friends
- D.
Sending an email to your boss that discusses details of the case and copying co-counsel
Correct Answer
D. Sending an email to your boss that discusses details of the case and copying co-counselExplanation
Attorney-client privilege protects communications between a client and their attorney from being disclosed to third parties without the client's consent. When a paralegal sends an email discussing case details to their boss and copies co-counsel, they risk inadvertently disclosing privileged information to individuals who are not part of the attorney-client relationship. This could potentially breach the confidentiality of the communication between the attorney and the client. The other scenarios described may involve breaches of confidentiality or discretion, but they do not directly involve sharing privileged information outside the attorney-client relationship.Rate this question:
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- 8.
An attorney asks you to check the validity of a case he cites in his brief. You Shepardize it. Which of the following case histories indicate that the case is no longer good law?
- A.
The case was distinguished on appeal.
- B.
The case was followed but distinguished.
- C.
The appellate court opinion vacating the case was overturned.
- D.
The case was vacated on appeal.
Correct Answer
A. The case was distinguished on appeal.Explanation
When a case is distinguished on appeal, it means that the higher court has found significant differences between the current case and the cited case, and therefore the cited case is not applicable to the current situation. This indicates that the case is no longer good law because it has been limited in its application.Rate this question:
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- 9.
A defendant in a civil action wants to file a claim against the plaintiff. What is the proper name for this pleading?
- A.
Cross-claim
- B.
Reply
- C.
Answer
- D.
Counterclaim
Correct Answer
D. CounterclaimExplanation
In a civil action, if a defendant wants to file a claim against the plaintiff, the proper name for this pleading is a counterclaim. A counterclaim is a legal pleading made by the defendant against the plaintiff in response to the initial complaint, alleging that the plaintiff has also caused harm or owes damages to the defendant. This allows the defendant to pursue their claim within the same legal proceedings, streamlining the process and resolving all related issues between the parties in one court action.Rate this question:
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- 10.
The "discovery rule" tolls the running of which of the following?
- A.
The statute of limitations
- B.
The time to respond to a request for interrogatories.
- C.
The statute of frauds
- D.
The time to file an appeal.
Correct Answer
B. The time to respond to a request for interrogatories.Explanation
The "discovery rule" allows the tolling or pausing of the running of the statute of limitations. This means that the time limit for filing a lawsuit is suspended until the plaintiff discovers or should have discovered the injury or harm caused by the defendant. However, the discovery rule does not apply to the time to respond to a request for interrogatories, as this is a separate procedural matter in the legal process.Rate this question:
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Current Version
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Apr 07, 2024Quiz Edited by
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Oct 22, 2018Quiz Created by
AdewumiKoju