Question 1

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 en
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.

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.

Accepted Answer

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. The easiest way to answer this question is to recognize that only the situation with Seller's deed and Answer C both involve a contract. The analogy with Answer C is not a perfect analogy, but none of the other answer choices involve a contract-Answer A involves a warranty claim, and Answers B and D involve negligence claims arising from property.

Question 2

Negligence is to duty as ______ is to _______.&#10;A)adult : child&#10;B)husband : wife&#10;C)commandment : theft&#10;D)rule : element

Accepted Answer

Negligence is to duty as rule is to element. Negligence is a rule of law. The elements of negligence are duty, breach of duty, causation, and damages. Thus, duty is an element of negligence. Answer A is not correct because a child is separate from an adult, not an element or part of an adult. Answer B is not correct because a wife is not an element or part of a husband. Answer C is not correct because a commandment is not a rule, and theft is not an element of a rule.

Question 3

A corporation is to a subsidiary as a(n) ________ is to a(n) _________.&#10;A)parent : child&#10;B)sister : brother&#10;C)ocean : bay&#10;D)leaf : tree

Accepted Answer

A corporation is to a subsidiary as a parent is to a child. A subsidiary is a separate business entity that is owned or controlled by the corporation, and a child is a separate human being who is a direct descendant of his or her parent. The relationship between sister and brother is that they both have the same parents. The water in a bay may be seawater, but the bay is formed by the land or shoreline around it, and is not defined by its relationship to the ocean. A leaf is part of a tree and not separate in the way a parent and child are separate. (Also, the leaf-to-tree relationship reverses the dominant/large-to-subordinate/small relationship.)

Question 4

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.

Accepted Answer

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 5

A lawyer is to a client as a(n) ________ is to a(n) _________.&#10;A)talent agent : actor&#10;B)member of Congress : voter&#10;C)plaintiff : defendant&#10;D)seller : buyer

Accepted Answer

A lawyer is to a client at a talent agent is to an actor. A lawyer is an agent of the client for purposes of the client's specific legal needs, and a talent agent is an agent of an actor for purposes of the actor's search for employment. A member of Congress represents the voter, but is not an agent of the voter. Plaintiffs and defendants are opposing parties and have no agency or representative relationship. Sellers and buyers are parties to a transaction for goods or services, but without any agency or representative relationship.

Question 6

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.

Accepted Answer

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. The situation with the squirrel and Answer B are most analogous because they both involve animals that collect/harvest a food item and store it for future consumption. Answer A is not analogous because, by patrolling, the shark is acting as an opportunistic hunter (no forward-looking activity). Answer C is not analogous (or is less analogous) because the bear is not consuming the food item in the winter. Answer D is not analogous because the rabbit is foraging for food in both summer and winter.

Question 7

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.

Accepted Answer

A passenger is injured when his scarf catches the door of a city bus and the bus starts to pull away. The situation with Paula and the escalator is the most analogous to Answer A because both involve a person who is injured while interacting with or using a publicly owned or maintained device (the escalator and the bus), and both the convention center and the bus system owe high duties to their invitees/passengers. Answer B is less analogous because, although the race track owes a duty to protect spectators, the spectator may have assumed some risk, and did not interact with any mechanical device on the race track property. Answer C is less analogous because the duty of care owed by Landowner to Friend is lower than the duty of care owed by the convention center to Paula (as an invitee), and Friend did not interact with the ATV. Answer D is not analogous because the retailer did not owe a duty to the chef (the knife has an obvious and inherent danger), and a knife is not a mechanical device.

Question 8

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.

Accepted Answer

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. The oceanside cottage situation above is most analogous to Answer A because both involve a contract between two parties, destruction of something fundamental to the contract (assumed by both parties), and a lawsuit. Answer B is not analogous (or is less analogous) because the property was destroyed after the construction was completed. Answer C is not analogous (or is less analogous) because the farmer intentionally destroyed the barn. Answer D is not analogous because no contract existed between the parties, and the failure to repair the fence involved negligence (not contracts).

Question 9

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.

Accepted Answer

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 10

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.

Accepted Answer

Paula did not use good judgment because the Facebook® posting was public and could be viewed as an attempt to influence the juror. During trial, the parties, the employees of parties, the attorneys, and the employees of attorneys are prohibited from communicating with the jury outside the courtroom and prohibited from any activity outside the courtroom that could potentially influence the jury-including public comments. A public comment on Facebook® related to an ongoing trial is prohibited under this rule. Answer A is not correct because courts have authority to limit free speech if it disrupts the decorum of the proceeding or undermines fairness or the trial process. Answer B is not correct because a paralegal's action reflect on his or her employing attorney. Answer C is not correct because the comment would have been inappropriate even with Lisa's permission.

Question 11

Jan is a paralegal employed by Curley & Moe, a mid-size law firm. Her supervising attorney is Bob. Bob is representing Gil in the sale of the manufacturing division of Gil's business. Jan is aware that, pursuant to the purchase and sale agreement, Curley & Moe is holding $75,000 in its trust account. Curley & Moe has procedures for handling client money and deposit of fees, and those procedures include using a check request form to obtain checks for payment of funds out of the firm's trust account. However, all accounts are overseen by a senior partner, and only two senior partners are signatories on the trust account. Under the purchase and sale agreement, the $75,000 can be released to Gil when all assets of the manufacturing division have been transferred to the purchaser. After a month of work, all of the assets have been transferred. Jan's supervising attorney has asked Jan to submit a check request to the office manager and obtain a check payable to Gil in the amount of $75,000. From the answer choices listed below, what is Jan's best response?

A)Call the confidential state bar ethics hotline and ask how she should handle the situation because her supervisor's request appears to violate the ethics rules.
B)Prepare the check request according to office procedure, but ask that the check be given directly to her supervising attorney.
C)Prepare the check request according to office procedure, obtain the check for Gil, and inform her supervising attorney as soon as she has the check.
D)Decline to prepare the check request and obtain the check unless her supervising attorney shows that she is permitted to handle client funds in this way.

Accepted Answer

The answer of Jan is a paralegal employed by Curley...

Question 12

Sunrise Travel is a Florida corporation that markets cruises and other vacation packages. It employs 500 people. Sunrise Travel's Articles of Incorporation state that all employees are considered at-will employees, except for the President and other officers appointed by the Board of Directors. Mr. Hernandez is the President of Sunrise Travel. Sunrise Travel's Human Resources Department issued an employee handbook stating that the rules in the handbook apply to all at-will employees. If a paralegal concluded that the rules of the employee handbook do not apply to Mr. Hernandez, would that conclusion be correct?

A)Yes, because the President is not considered an at-will employee of Sunrise Travel.
B)Yes, because Mr. Hernandez is not considered an at-will employee of Sunrise Travel.
C)No, because being an officer of Sunrise Travel does not preclude application of the handbook.
D)No, because the handbook was not approved by the Board of Directors.

Accepted Answer

The answer of Sunrise Travel is a Florida corporation that...

Question 13

Bigtime Business is a Minnesota corporation that manufactures widgets and employs 500 individuals. Bigtime Business's Articles of Incorporation state that all employees are considered at-will employees, except for the President and other officers appointed by the Board of Directors. Bigtime Business's employees formed a union, and all employees joined, but the union agreed in a collective bargaining agreement that the rules in Bigtime Business's employee handbook apply to all at-will employees. If a paralegal concluded that the rules of the employee handbook applied to Mr. Hernandez, what minor premise is necessary for that conclusion?

A)The employee handbook was approved by the Board of Directors.
B)Mr. Hernandez is an at-will employee of Bigtime Business.
C)Mr. Hernandez is a member of the union formed by Bigtime Business's employees.
D)The rules of the employee handbook apply to Mr. Hernandez.

Accepted Answer

The answer of Bigtime Business is a Minnesota corporation that...

Question 14

Teri is a paralegal who works for a three-attorney law firm. Teri works mainly for Cheryl on family law and custody matters. David is a former client whose divorce was finalized about six months ago. One afternoon when Cheryl was in court, Teri received a call from David. David said that he really liked Cheryl's work on his case and that he wanted to hire the firm for another matter. David asked if he could drop off a check that afternoon payable to the firm's trust so that he could "withdraw" the funds at a later time. He said he wasn't interested in receiving interest on the funds and would pay a reasonable fee for time the funds were in the trust account. From the answer choices listed below, what is Jan's best response?

A)Explain to David that a law firm trust account cannot be used to hold funds in the manner described-like a bank-and if he persists, offer to ask Cheryl to return his call.
B)Agree to accept the check that afternoon for David's convenience, but explain to David that Cheryl must still agree to hold the funds in the trust account as requested.
C)Agree to hold the funds in the trust account and accept the check that afternoon because it will facilitate client relations.
D)Explain to David that holding the funds in the firm's trust account as requested sounds like money-laundering and that the firm cannot engage in illegal conduct.

Accepted Answer

The answer of Teri is a paralegal who works for...

Question 15

The United States Constitution is to the Bill of Rights as a(n) _________ is to __________.&#10;A)codified law : statutes&#10;B)corporation : bylaws&#10;C)statute : amendments&#10;D)book : reprints

Accepted Answer

The answer of The United States Constitution is to the...

Question 16

Day is to night as a(n) _________ is to a(n) ________.&#10;A)frog : toad&#10;B)dog : cat&#10;C)positive charge : negative charge&#10;D)automobile : airplane

Accepted Answer

The answer of Day is to night as a(n) _________...

Question 17

The common law is to statutes as __________ is to __________.&#10;A)democracy : totalitarianism&#10;B)judge-made law : codified law&#10;C)litigation : legislation&#10;D)English law : American law

Accepted Answer

The answer of The common law is to statutes as...

Question 18

Phrenology is the study of the size and shape of the skull and cranium as a means of determining mental abilities. Which of the following is most analogous to the description of phrenology?&#10;A)Astrology is a detailed study how of the planets and stars affect the personality and lives of individuals.&#10;B)Psychiatry is the study of the chemistry and biology of the brain and the effect on mental disorders.&#10;C)Biology is the study of living organisms, in particular plants and animals, subdivided into species and subspecies.&#10;D)Astrophysics is the study of the stars and planets and the effect of the laws of physics on the stars and planets.

Accepted Answer

The answer of Phrenology is the study of the size...

Question 19

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.

Accepted Answer

The answer of A trucking company has three bays for...

Question 20

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 tha
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
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.

Accepted Answer

The answer of The following conversation took place between Consuela,...

Question 21

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.

Accepted Answer

The answer of An anthropologist was working on an archeological...

Question 22

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.

Accepted Answer

The answer of A surgeon performed abdominal surgery on a...

Question 23

A judgment is to law as a(n) ________ is to _________.&#10;A)veto : Congress&#10;B)contract : negotiation&#10;C)decree : equity&#10;D)litigation : trial

Accepted Answer

The answer of A judgment is to law as a(n)...

Question 24

A cardboard box is to shipping as a(n) ________ is to _________.&#10;A)sign : marketing&#10;B)constitution : voting&#10;C)red box : blue box&#10;D)car : parking garage

Accepted Answer

The answer of A cardboard box is to shipping as...

Question 25

The following facts were established during a criminal trial: - The victim was the owner of U-Store-It, a 24-hour-access storage facility. - The victim was found dead at 4:00 a.m. on December 15. - A security camera showed Defendant at the storage facility at 1:00 a.m on December 15. - The victim and Defendant knew each other and were friends. - The victim had borrowed $500 from Defendant.- At 10:30 a.m. on December 15, Defendant deposited $500 in his checking account.- An autopsy showed that the victim died six hours before he was found dead.What factual deduction can Defendant's counsel use to argue that Defendant is not guilty?

A)That the victim died at 10:00 p.m. on December 14, three hours before Defendant was at the storage facility.
B)That none of the evidence shows that the $500 deposit was related to the debt owed by the victim to Defendant.
C)That Defendant stole the $500 from the office of the storage facility.
D)That the victim had borrowed the $500 from a friend.

Accepted Answer

The answer of The following facts were established during a...

Question 26

A crime is to a criminal as ________ is to a(n) _________.&#10;A)pirate : piracy&#10;B)art : artist&#10;C)dog : cat&#10;D)smiling : laugh

Accepted Answer

The answer of A crime is to a criminal as...

Deck 2: Reasoning