Introduction to Law Final Exam

Multiple choice and short essay
Introduction to Law for Paralegals, 7th edition- answer is given
Authors: Katherine A. Currier, Thomas E. Eimermann, and Marisa Campbell Publisher: Wolters Kluwer (New York)
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Please note that Question number 8 refers back to question #7

PLEASE MAKE SURE THAT YOU WRITE OR TYPE YOUR NAME ON THE TOP OF YOUR ANSWER KEY OR IN YOUR EMAIL TO ME WITH THE ANSWERS. READ EACH QUESTION CAREFULLY AND TAKE YOUR TIME. USE ALL THE TIME ALLOTTED IF YOU NEED IT! ONCE YOU SEND ME THE EXAM BACK THROUGH BLACKBOARD AND TO MY GMAIL:----------------, I WILL SEND YOU A REPLY EMAIL ACKNOWLEDGING THAT I HAVE RECEIVED IT. DO NOT LEAVE THE SCREEN UNTIL YOU HAVE RECEIVED THAT EMAIL. DO NOT SHOUT OUT WHILE THE OTHER STTUDENTS ARE TAKING THE EXAM.

DON’T RUSH! DON’T PANIC. HAVE CONFIDENCE IN YOURSELF. STUDENTS ARE PROHIBITED FROM EXCHANGING COMMUNICATIONS WITH EACH OTHER AND WITH THIRD PARTIES DURING THE EXAM. WEBCAMS MUST BE ON THROUGHOUT THE FINAL AND FOCUSED ON YOUR ENTIRE FACE.

FOR THIS FINAL, YOU WILL BE GRADED ON YOUR DEMONSTARTED MASTERY OF THE COURSE MATERIAL (WHICH INCLUDES BUT IS NOT LIMITED TO YOUR ACADEMIC KNOWLEDGE AND YOUR REASONING ABILITY USING THAT KNOWLEDGE). I WILL ALSO CONSIDER YOUR ABILITY TO EXPRESS YOUR THOUGHTS IN A LOGICAL, WELL-REASONED, ORGANIZED MANNER. ASSUME THE QUESTIONS BELOW CONCERN THE LAWS IN NEW YORK UNLESS OTHERWISE STATED.

TRUE/FALSE QUESTIONS: ANSWER THE FOLLOWING 60 QUESTIONS BY CLEARLY WRITING A “T” OR “F” NEXT TO THE CORRESPONDING NUMBER ON A SEPARATE SHEET OF PAPER OR IN AN E-MAIL. DO NOT SEND THE EXAM BACK TO ME, JUST YOUR ANSWERS. DO NOT GIVE ME ANY EXPLANATIONS. THEY WILL BE DISCARDED. PLEASE FOLLOW DIRECTIONS. IF YOU FAIL TO FOLLOW DIRECTIONS, YOU MAY LOSE POINTS. ANTICIPATED GRADING SYSTEM: EACH QUESTION: 1.00 POINT.

1. While Brad and Angelina were sitting across from each other at a table at a bar, Angelina became enraged when Brad admitted that he had always loved Jennifer. Angelina took out her twenty-two pistol and fired a shot at Brad at close range, hitting his hat. This is an example of a civil assault.
2. Similar scenario, except Angelina spotted Jennifer entering the bar, and aimed at Jennifer’s kneecap, but ended up shooting Brad in the foot as he was bending down to retrieve his napkin, which had fallen off the table. This is an example of a civil assault.
3. Angelina was still enraged, even though Jennifer ran out of the bar after Angelina fired at her. Angelina jumped up from her chair and screamed that she was going to kill Jennifer as the gun was still visible in Angelina’s hand. Brad restrained Angelina and prevented her from leaving. If Brad is charged with false imprisonment, his defense would be that his action was justified, even if it was later discovered that there were no bullets in the pistol

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4. Same scenario as number 1. This is an example of a civil battery.

1. Same scenario as number 1: This is an example of criminal conduct, even if no one was hurt.
2. If Jennifer had been physically harmed by Angelina, then Jennifer must file criminal charges first before going forward with a civil lawsuit for monetary damages.
3. Angelina is angry with Jennifer for stealing Brad back. Jennifer had enticed Brad into a torrid love affair while he was married to Angelina, who had stolen him from Jennifer in the first place. Angelina went on Facebook and posted a public announcement detailing all the juicy tid-bits about the affair, embellishing with some of her own speculations, which turned out to be 100% right! This is an example of libel.
4. Same scenario as number 6. Plaintiff Jennifer would be entitled to an award of money from the Court for an intentional tort because Defendant Angelina did not know whether or not her statements were true at the time she made them, even they all turned out to be true.
5. A tort may be both intentional and negligent at the same time.
6. A trailer resting on concrete blocks on someone’s front lawn is considered real property.  
7. U.S. Supreme Court decisions are binding on states only if state legislatures pass laws requiring states to enforce the US Supreme Court decisions.
8. All verbal contracts are enforceable in NY if both sides agree to its provisions, including, but not limited to stipulations of settlement in divorce actions.
9. Assume the owner of a trampoline complied with all the town requirements regarding the placement of the trampoline on his private property. If a child is injured while jumping on that neighbor’s trampoline without the neighbor’s knowledge or consent, the neighbor who owns the trampoline in nonetheless always liable because the injury occurred on his property.
10. If a jealous lover intentionally drives into the car of her rival and the rival is seriously injured, then the perpetrator must pay for all of the rival’s bills while the rival is recuperating, including but not limited to the rival’s normal monthly bills if she cannot work.
11. It is a constructive eviction when a landlord fails to provide internet services when the lease requires the landlord to provide such services.
12. Every accident in which a plaintiff is injured results in damages awarded by a Court if a lawsuit is filed.
13. If NYS determines that public housing must be built to provide shelter for the many undocumented foreign nationals sent to New York from Texas and the land on which

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your family home is located is necessary to accommodate that public housing, NYS must file a court action for a determination of the fair market value to compensate you.

1. The legal requirements for the execution of a will are the same in all in all fifty states.
2. A paralegal may file papers with the court with the attorney’s permission.
3. It is not a violation of Title VII for an employer to discriminate against a potential employee based on weight.

21. Eviction laws are promulgated by Congress.

1. NY law requires everyone over the age of sixty-five to have a last will and testament.  
2. Jack and Jill were happily married, and when Jill gave birth to a beautiful baby girl, Jack was overjoyed. He was an active parent and participated daily in every way in the child’s life. Ten years later, when the child needed a blood transfusion, Jack found out that he could not have fathered the child. The DNA test confirmed that he was not the biological father. In a Family Court action, Jill sued for child support. Jack’s defense to supporting a child who was not his child was that he had been defrauded by Jill, who had intentionally deceived him. Jack would win only if Jill knew he was not the father.  
3. The title company generally works on behalf of the Seller to make sure that Seller is conveying good title to Buyer.
4. A paralegal who is also a mediator may give clients a copy of the current child support laws by providing them with a copy of the Child Support Standards Chart because this would not be construed as the unauthorized practice of law.
5. The Code of Ethics promulgated by the National Federation of Paralegal Associations is the law governing paralegal conduct.

27. Under NY law, a paralegal must take continuing paralegal education after graduation to remain current with the laws.

1. A will may be probated in any NYS court with limited jurisdiction.
2. A deed to real estate may be written or oral, although it must be written to file in the

County Clerk’s office.

1. If a friend asks you for your firm’s business card, it is unethical for you to give it to her because there is a prohibition against the solicitation of clients.
2. Aniella is an absolutely amazing instructor and I looked forward to her classes every day.
3. If a married couple buys a house in NYS during their marriage, then when they get

divorced, they will still own the property as tenants by the entirety. 3

1. If there is a conflict between the New York Constitution and the US Constitution, then the New York Constitution will govern state laws and the federal constitution will govern federal laws.
2. If a custodial parent has a child support order from Florida, then permanently moves to New York, that custodial parent may seek a new child support order as determined by the NY CSSA because NY will not enforce a child support order from Florida.

35. A legal owner of property is entitled to have sole discretion on how the property can be used.

36. A contract between two 17-year-old teenagers is enforceable in NYS since they are both minors, but a contract between a minor and an adult is not enforceable in NYS.

1. A paralegal may represent a client in a hearing in front of the New York State Worker’s Compensation Board.
2. If a paralegal has a conflict of interest with a potential new client of the law firm, then only his or her or their supervising attorney is barred from representing the client, but another attorney in the firm may represent the client.
3. The owners of every type of business entity are jointly and severally liable for their own actions and for the actions of all other owners.

40. If a client determines that his divorce lawyer was not competent to take on his criminal case, that client can sue for as the unauthorized practice of criminal law.

1. A written contract may be changed by any subsequent contract.
2. A paralegal may discuss the likely outcome of the case with a client, but may not ever provide legal advice or a guaranteed result.
3. The New York State Appellate Division may not hear new testimony, although it may substitute its own judgment for that of the lower court.
4. A US citizen adult may adopt a foreign national adult, who would then be eligible for immigration benefits based upon that adoption.
5. The New York State Appellate Division may assess the credibility of a witness in coming to their decision.
6. A lawyer is the agent of his/her/their client.
7. A paralegal must purchase professional liability insurance, even though the lawyer is ultimately responsible for the paralegal’s work.
8. The Family Court may not hear a divorce case if there are child support and/or child custody issues.

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1. The NYS Supreme Court may not hear probate cases, even though it is a court of general jurisdiction.
2. The US District Court may hear a divorce case, only if the parties reside in separate states.
3. One act may be both a private wrong and a public wrong.
4. The Restatement of Law is the Congressional codification of current tort laws.
5. A breach of contract is an intentional tort if one of the parties breached the contract on purpose.

54. Jack and Jill are deeply in love. They go ice-skating together. Jill is an excellent skater, while Jack is a novice. Jack lets go of the side of the rink and skates towards Jill with a thermos of hot chocolate for her to keep her warm. He loses his balance; the thermos flies out of his hand and hits Jill on the head. Jill is injured. This set of facts demonstrates an intentional tort.

1. A battery is always an assault, but an assault is not always a battery.
2. In a negligence case, the plaintiff will be awarded replacement value of his lost property.

57. In New York, a married couple buying a house together may elect the type of ownership they want to share, such as tenants in common or tenants by the entirety.

1. A lease properly executed by the landlord and by a tenant will bind all adults occupying the same unit to that contract.
2. If you and a classmate form a general partnership to carry out a mediation service business, and your classmate incurs a substantial debt for the business without your knowledge or consent, you will not be held liable because you did not consent and you did not even know about it.

60. A contract executed in NYS may only be enforced in NYS.

PART II: YOU MUST ANSWER ONLY TWO (2) OF THE FOLLOWING THREE (3) SCENARIOS: A, B, C. EACH ANSWER WILL BE WORTH UP TO A MAXIMUM OF 5 POINTS, SO YOU MAY EARN 10 POINTS HERE.

YOU MUST ANSWER SCENARIO D. THE ANSWER WILL BE WORTH UP TO A MAXIMUM OF 10 POINTS.

YOU MUST ANSWER ONLY TWO (2) OF THE FOLLOWING FOUR (4) SCENARIOS: E, F, G, H. EACH ANSWER WILL BE WORTH UP TO A MAXIMUM OF 10 POINTS, SO YOU MAY EARN 20 POINTS HERE.

SCENARIO A: On Saturday, September 17, 2022, your boss was surfing the Internet and found a phenomenal deal on a last-minute all-inclusive vacation to Acapulco, Mexico for himself 5 and his spouse. He booked the vacation and left NY that evening. He called you just prior to his departure and instructed you to call opposing counsel’s office on Monday morning to request her consent to the adjournment of the preliminary conference, scheduled for Wednesday, September 21, 2022. You know that the Court would be much more likely to grant your boss’ request if you have the consent of the opposing side. Your boss told you to explain to the opposing counsel that his father had just been hospitalized and is on life support. You know his father died last year. You went to the funeral! What should you tell the opposing attorney’s paralegal when you call about the adjournment, knowing that if you procure the other side’s consent, you may have gotten away with simply telling the court that both parties are engaged in settlement negotiations and agreed to the adjournment. Should you blatantly lie to get the adjournment? Defend your answer.

SCENARIO B: Same scenario as above. Would your response have been any different if the paralegal had put you through to the attorney? Why or why not? Defend your answer.

SCENARIO C: Same scenario as above. Would your response have been any different if the opposing counsel refused to consent and the attorney then instructed you to call the Judge’s chambers and ask for the adjournment based upon the alleged hospitalization and life support story? Why or why not? Defend your answer.

SCENARIO D: A potential client came to your office and related the following facts to you:

1. a)  She is the owner of a single-family small home, where she resides with her two toddlers,

a three-year-old son and a two-year-old daughter.

1. b)  She needs money and decides to rent a room in her house to make ends meet, even

though it may violate zoning laws.

1. c)  She advertises on Craigslist and states her criteria: fully employed for the last 3 years,

have sufficient income to meet the rent requirement, and no criminal history.

1. d)  One of her potential renters is a young man. He meets all of her criteria: fully employed for the last 3 years, sufficient income, no criminal history. However, she gets nervous and decides that she does not want her toddlers living in such proximity to an unrelated

adult man. She refuses to rent to him based only upon his sex.

1. e)  He sues her for discrimination (a violation of Title VII).
2. f)  She comes to your office for help.

Please IRAC this case for your attorney. Think logically and defend your conclusion.

SCENARIO E: John was an 18-year-old senior, who was goalie at a high school soccer game. Joe, also an 18-year-old senior, was on the opposing team. Joe was known as being a very rough and tough player and it was common for him to accumulate penalties during the game. Joe’s coach never chastised him. Instead, the coach urged all the players to play hard and rough and to “go in for the kill.” During the game, Joe kicked John in the head while John had the ball. That was against the rules. John’s Dad saw what had happened to his son and rushed onto the field. He hit Joe in the chin with his fist, breaking Joe’s jaw. At the same time, another parent also rushed onto the field and carried John off the field to avoid further injury to the teenager. Unbeknownst to that parent, John had suffered a broken neck when Joe kicked him. When that other parent picked John up to move him, he injured John further, causing John to be paralyzed from the waist down. John wants to sue Joe. What is the tort theory your law firm should allege and what will the attorney have to prove to win? What counterargument(s) do you see, if any? 

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SCENARIO F: Same scenario as E. John wants to sue the other team’s coach. What is the tort theory your law firm should allege and what will the attorney have to prove to win? What counterargument(s) do you see, if any?

SCENARIO G: Same scenario as E. John wants to sue the parent who “helped” him. other team’s coach. What is the tort theory your law firm should allege and what will the attorney have to prove to win? What counterargument(s) do you see, if any?

SCENARIO H: Same scenario as E. Joe wants to sue John’s Dad. What is the tort theory your law firm should allege and what will the attorney have to prove to win? What counterargument(s) do you see, if any?