So You Want To Be A Paralegal (U.S.) Quiz

Answer: Communication, Organization, Documentation, Analysis, Research

North Carolina and some other states administer a paralegal certification exam, which is optional if you want to work as a paralegal, but will establish superior credentials. It tests knowledge in eight areas of the law, contains 150 multiple choice questions, and takes 3 hours to complete.

Answer: A Supreme Court opinion

A primary source of law is issued by a government official having authority derived from a state or federal constitution, such as the president, governor, city council, legislature, or judge. Examples of primary sources of law are executive orders, laws, regulations, and court orders. An appellate brief is a document filed with the court by an attorney on behalf of a client, to persuade the judge of the client's position.

A retainer agreement is a fee agreement entered into by the attorney and client.

A law review article is a scholarly article written by a practitioner or scholar, and is considered a secondary source of law.

Answer: False

The attorney-client privilege extends to those working under the supervision of an attorney. Thus, a paralegal may be present at client conferences and may take notes. The paralegal is also bound to confidentiality.

Answer: Service of Process

Discovery is a stage of litigation in which each side requests and receives information concerning the case from the opposing side. Service of process refers to serving the defendant with a copy of the complaint so that the defendant is on notice of being sued.

Answer: Arbitration

Plea bargaining is a voluntary disposition of a criminal matter in which the defendant pleads guilty without a trial and a sentence is agreed to, usually a lighter sentence than would be imposed following a trial if found guilty. Arbitration is held before an arbitrator or panel of arbitrators with expertise in the field.

It is more informal and less time consuming than a court trial. A bench trial refers to a non-jury trial before a judge. A motion for summary judgment, if granted, will resolve a matter on the basis of documentary evidence which conclusively establishes liability or absence of liability without the need for a trial, but it is done in the course of a trial proceeding.

Answer: Specific Performance

Relief refers to an award made to a plaintiff when the defendant is found liable. Nominal damages are typically in the amount of $1.00, establishing that the defendant breached a legal duty but did not cause monetary losses. Community service is a sentence that may be imposed on a criminal defendant. Specific performance refers to an order calling for the defendant to carry out the terms of a contract previously agreed to.

A contingency fee refers to a fee arrangement between the attorney and client, that is paid after the amount of the award, if any, is determined by the court.

Answer: A Bill or Resolution

Laws are passed by the legislative branch of government, may be introduced in the form of a bill or resolution, and must undergo several more steps before being enacted into law. An executive order is issued by the president, and has the force of law, but is not a proposed law. An agency regulation is issued by a government agency having authority under law to regulate an area of activity.

It is also binding, but is not a proposed law. A statutory provision refers to a provision of a law already in effect.

Answer: Legal Assistant

'Attorney in Fact' refers to a person (not necessarily an attorney) given the power of attorney or permission to make decisions and sign documents on behalf of another. The appointment is signified by a signed document. A law clerk is typically a law student or a judge's assistant.

A law clerk may perform similar duties to those of a paralegal, but the two terms are not interchangeable. A legal counselor is a synonym for lawyer.

Answer: A Social Security Administration Proceeding

In most small claims courts, a party need not be represented by an attorney. This provides affordable access to the courts by those with claims in lesser amounts. A paralegal is not authorized to represent a client in a landlord tenant proceeding or before a magistrate (an official who handles certain routine matters), but in many states the paralegal may represent a client before the Social Security Administration.

Answer: Give legal advice to a client

Under the supervision of an attorney, a paralegal may do most things that lawyers do except enter into a fee agreement with a client, sign pleadings filed in court, and give legal advice to a client. These things involve law school training and being licensed by the state bar.

Answer: Decreasing costs, since a paralegal's fees are lower than an attorney's fees

Use of paralegal services is cost effective to the client, as the paralegal performs many tasks otherwise undertaken by the attorney, but is billed at a lower rate. A client cannot be billed for clerical services performed by the paralegal or others.

Answer: Drafting guidelines for use of paralegals by lawyers

The American Bar Association has a Standing Committee on Paralegals which adopted Guidelines for Utilization of Paralegals by Lawyers in 1991. The ABA does not administer a certification examination or code of ethics for paralegals, but it does provide for the unauthorized practice of law by those who do not possess attorney credentials in its code of ethics for attorneys.

In addition to drafting guidelines for utilization of attorneys, the American Bar Association approves paralegal education programs.

Answer: An annual bonus

Splitting attorney fees with non-lawyers, such as making a paralegal a junior partner, awarding referral fees or a percentage of contingency fees, is forbidden under attorney codes of ethics. It is permissible, however, to award a paralegal a bonus for exemplary work, and in some states, paralegals are entitled to overtime pay.

Answer: Voluntary in states where it is available

The decision to obtain paralegal certification is strictly voluntary, and no state has put into place a mandatory program. The states of North Carolina and Texas offer voluntary certification, but paralegals in these states can choose not to be certified and still perform substantive legal work under the supervision of an attorney and can use the title "paralegal" or "legal assistant." The states of Florida, California, and Louisiana have also instituted voluntary paralegal certification programs, which require the applicant to first pass the examination given by either the National Association of Legal Assistants (NALA) or the National Federation of Paralegal Associations (NFPA), two highly-recognized national professional certification programs, in addition to a state test.

Answer: Private law firms

According to the Department of Labor, paralegals and legal assistants held about 263,800 jobs in 2008. Private law firms employed 71 percent of them; most of the remainder worked for corporate legal departments and various levels of government. Within the federal government, the U.S. Department of Justice is the largest employer, followed by the Social Security Administration and the U.S. Department of the Treasury.

A small number of paralegals own their own businesses and work as freelance legal assistants, contracting their services to attorneys or corporate legal departments.

The Department of Labor has consistently projected growth in this sector.