NCE PRACTICE EXAM

2023 Edition

Take this free practice test to see how prepared you are for a paralegal or legal assistant certification exam. Certification as a paralegal or legal assistant can enhance career opportunities. One such exam is the Certified Legal Assistant/Paralegal Exam.



1.	A client desires to neither admit to nor contest the charge that has been brought against him. What is the proper Latin phrase to describe his plea?
		a. Non obstante veredicto
		b. Nolo contendere
		c. Fiat justitia
		d. Inter vivos
Incorrect answer. Please choose another answer.



2.	What is the difference between an interrogatory and a deposition?
		a. The former involves statements of the attorneys only, while the latter involves witnesses.
		b. An interrogatory consists of written questions, while a deposition is an oral statement made under oath.
		c. Document production can only be done with iwritten interrogatories.
		d. There is no difference between an interrogatory and a deposition.
Incorrect answer. Please choose another answer.



3.	A paralegal has been asked by her attorney to file an appeal from a final order of the trial court. Which of the following is the first step that should be taken by the paralegal?
		a. Prepare the notice of appeal for filing.
		b. Collect the trial exhibits into an appellate record
		c. Order the trial transcripts.
		d. Determine the date the initial fiing with the appeals court must be made.
Incorrect answer. Please choose another answer.



4.	A paralegal may represent a client in court if the attorney who employees the paralegal authorizes her to do so.
		True
		False
Incorrect answer. Please choose another answer.



5.	What conditions must be met for a judge to grant a motion for summary judgment?
		a. No material facts exist to prove the defendant's guilt.
		b. The defendant fails to answer the complaint.
		c. The facts in the complaint are either untrue or can not be proved.
		d. Evidence outside the pleadings establishes that there is no material issue of fact such that the moving party is entitled to judgment.
Incorrect answer. Please choose another answer.



6.	Which of the following is not part of a summons and service of process?
		a. The complaint
		b. The answer
		c. A date set by the court to respond to the complaint
		d. Evidence of service of process
Incorrect answer. Please choose another answer.



7.	The attorney you work for is trying to prove that a contract her client signed is invalid. Which of following conditions would have to be true for this to be the case?
		a. There is a minor typo mispelling the client's first, but not last, name
		b. The client was a minor at the time the contract was signed.
		c. The other party performed the contract but the client simply does not want to pay.
		d. The client had an alcoholic drink before she signed the contract.
Incorrect answer. Please choose another answer.



8.	Contracts have to be signed under seal to be enforceable.
		True
		False
Incorrect answer. Please choose another answer.



9.	Your attorney says there is a case-on-point supporting his argument. On what principle does the court have to follow this case law?
		a. Stare Decisis
		b. Pro Se
		c. Res Ipsa Loquitur
		d. Certiorari
Incorrect answer. Please choose another answer.



10.	Neighboring property owners dispute whether or not a written and recorded easement grants certain rights. What type of action would most likely be filed to settle this dispute?
		a. A negligence action
		b. A criminal action
		c. A declaratory judgment action
		d. An action for money damages
Incorrect answer. Please choose another answer.



11.	A paralegal answers an incoming call from a new client who needs legal advice immediately. The paralegal should respond as follows:
		a. "The law is that....."
		b. "Let me do some research and get back to you."
		c. "You should take the following action...."
		d. "I'm a paralegal and I'll have the attorney get back to you."
Incorrect answer. Please choose another answer.



12.	Attorney-client confidentiality does not apply to alternative dispute resolution forums.
		True
		False
Incorrect answer. Please choose another answer.



13.	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 suit will move to trial.
		b. The defendant will be held in contempt of court.
		c. Plaintiff's counsel will file a motion for default judgment.
		d. The clerk of the courts will contact the defendant.
Incorrect answer. Please choose another answer.



14.	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 or a phone call
		c. written notice by mail, phone call or email
		d. written notice by mail, phone call, email or face-to-face communication
Incorrect answer. Please choose another answer.



15.	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. Draft the complaint
		d. Assist in jury selection
Incorrect answer. Please choose another answer.



16.	You are preparing a "friend of the court" brief. This is known as an "amicus curiae" brief.
		True
		False
Incorrect answer. Please choose another answer.



17.	Any of the following actions can result in either criminal or civil charges being filed against a client. Which of the actions is most likely to result in a civil lawsuit?
		a. A drinking and driving accident that led to significant property damage
		b. A physical fight between a husband and wife
		c. A minor leaves a store with a dvd in his pocket without paying for it
		d. A customer pays for a TV with a check and it bounces
Incorrect answer. Please choose another answer.



18.	A company has filed a motion with the U.S. Patent and Trademark Office to trademark its logo, but the motion has not yet been granted. Which symbol should the company use next to their logo in the meantime?
		a. ®
		b. TM
		c. Either ® or TM is acceptable
		d. The company should not use any symbol until it learns the status of the application.
Incorrect answer. Please choose another answer.



19.	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. Accepting a gift from a client
		b. Meeting a client after hours for personal business
		c. Forming a personal relationship with a client
		d. Any of the above
Incorrect answer. Please choose another answer.



20.	A plaintiff will state the "relief" he or she is seeking in the complaint to the lawsuit.
		True
		False
Incorrect answer. Please choose another answer.



21.	Which of the following remedies for breach of contract must be included in the contract in order to be recoverable?
		a. Consequential Damages
		b. Punitive Damages
		c. Attorney fees and costs
		d. Equitable relief
Incorrect answer. Please choose another answer.



22.	A number of events take place as part of discovery in a lawsuit. Which of the following is not one of them?
		a. Request for Production of Documents
		b. Motion to Dismiss
		c. Motion to Compel
		d. Admissions
Incorrect answer. Please choose another answer.



23.	After the parties sign a contract, a party finds that the contract fails to express the intention of the parties due to mutual mistake. The contract is rewritten to clarify and correct the errors. What is the proper name for this process?
		a. Reformation
		b. Recission
		c. Replevin
		d. None of the above
Incorrect answer. Please choose another answer.



24.	In an estate case, a paralegal may carry out confidential communications with the client's banks, insurance companies, brokerage firms, accountants and others, to collect asset information.
		True
		False
Incorrect answer. Please choose another answer.



25.	A judge has entered judgment and awarded damages to a client who incurred no financial losses as a result of the conduct underlying the case. What is the proper term for the kind of damages the judge has awarded?
		a. Compensatory damages
		b. Punative damages
		c. Nominal damages
		d. Liquidated damages
Incorrect answer. Please choose another answer.



26.	A paralegal is most likely to inadvertently violate attorney-client privilege in which of the following circumstances?
		a. Sending an email to your boss that discusses details of the case and copying co-counsel
		b. Talking about your day in court at the bar with your friends
		c. Talking to the client on the phone while you are in an elevator with others
		d. Mailing discovery to opposing counsel
Incorrect answer. Please choose another answer.



27.	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 vacated on appeal.
		b. The case was distinguished on appeal.
		c. The case was followed but distinguished.
		d. The appellate court opinion vacating the case was overturned.
Incorrect answer. Please choose another answer.



28.	Under the laws of all 50 states, in a real estate closing, a notary cannot act both as a notary and as as a witness to the signing of the documents.
		True
		False
Incorrect answer. Please choose another answer.



29.	A defendant in a civil action wants to file a claim against the plaintiff. What is proper name for this pleading?
		a. cross-claim
		b. answer
		c. counterclaim
		d. reply
Incorrect answer. Please choose another answer.



30.	The "discovery rule" tolls the running of which of the following?
		a. The time to respond to a request for interrogatories.
		b. The statute of limitations
		c. The time to file an appeal.
		d. The statute of frauds
Incorrect answer. Please choose another answer.