ACP Specialized Legal Procedures & Case Management 3

Question 1

In an immigration removal proceeding, before which tribunal does the initial hearing take place?

Accepted Answer

The Immigration Court (EOIR)

Answer

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?

Accepted Answer

Mediation

Answer

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?

Accepted Answer

A title commitment or binder

Answer

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?

Accepted Answer

The statement must be made while under the stress of a startling event

Answer

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?

Accepted Answer

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Answer

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.

(ACP) Advanced Certified Paralegal Practice Test

(ACP) Advanced Certified Paralegal Practice Test

ACP Specialized Legal Procedures & Case Management 3