ACP Specialized Legal Procedures & Case Management 3 — Questions and Answers
Question 1: In an immigration removal proceeding, before which tribunal does the initial hearing take place?
- The U.S. District Court
- The Immigration Court (EOIR) (Correct answer)
- The Board of Immigration Appeals
- The U.S. Court of Appeals
Correct answer: The Immigration Court (EOIR)
Removal proceedings begin in Immigration Court administered by the Executive Office for Immigration Review (EOIR), where an immigration judge presides.
Question 2: Which ADR method involves a neutral third party who facilitates negotiation but has no authority to impose a binding decision?
- Binding arbitration
- Mediation (Correct answer)
- Litigation
- Conciliation with judicial review
Correct answer: Mediation
In mediation, a neutral mediator facilitates communication and negotiation between parties but cannot impose a decision — any settlement requires mutual agreement.
Question 3: A paralegal preparing for a real estate closing must ensure the title search reveals no encumbrances. Which document provides the insurer's commitment to issue title insurance?
- A warranty deed
- A title commitment or binder (Correct answer)
- A certificate of occupancy
- A promissory note
Correct answer: A title commitment or binder
A title commitment (or binder) is the title company's preliminary agreement to issue title insurance, identifying exceptions and conditions that must be cleared before closing.
Question 4: Under the Federal Rules of Evidence, a hearsay statement may be admissible if it qualifies as an excited utterance. What is a required element?
- The declarant must be unavailable to testify
- The statement must be made while under the stress of a startling event (Correct answer)
- The statement must be in writing
- The declarant must have firsthand knowledge of legal proceedings
Correct answer: The statement must be made while under the stress of a startling event
FRE 803(2) allows an excited utterance when the declarant was under the stress of excitement caused by a startling event and the statement relates to that event.
Question 5: In environmental law matters, which federal statute governs the cleanup of hazardous waste sites and establishes the Superfund program?
- The Clean Water Act (CWA)
- The Resource Conservation and Recovery Act (RCRA)
- The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Correct answer)
- The National Environmental Policy Act (NEPA)
Correct answer: The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
CERCLA, commonly known as Superfund, authorizes the federal government to respond to hazardous substance releases and imposes strict liability on responsible parties for cleanup costs.
Question 6: When calendaring appeal deadlines in federal civil cases, how long does a party generally have to file a notice of appeal from a final judgment under FRAP Rule 4(a)(1)(A)?
- 10 days
- 20 days
- 30 days (Correct answer)
- 60 days
Correct answer: 30 days
Under FRAP Rule 4(a)(1)(A), a notice of appeal in a civil case must generally be filed within 30 days after entry of the judgment or order being appealed.
Question 7: A paralegal is assisting with a corporate merger. Which document filed with state authorities legally effectuates the combination of two corporations?
- A shareholder agreement
- Articles of merger (Correct answer)
- A letter of intent
- A proxy statement
Correct answer: Articles of merger
Articles of merger are filed with the relevant state authority (typically the Secretary of State) to formally complete a statutory merger and create the surviving entity.
ACP Specialized Legal Procedures & Case Management 3
In an immigration removal proceeding, before which tribunal does the initial hearing take place?