CLA/CP Exam Trivia 5 — Questions and Answers
Question 1: Which court generally handles bankruptcy cases in the US federal system?
- US Bankruptcy Court (Correct answer)
- US District Court
- US Court of Appeals
- US Tax Court
Correct answer: US Bankruptcy Court
Bankruptcy Courts are specialized federal courts operating as units of the US District Courts, exclusively handling bankruptcy proceedings.
Question 2: What does 'diversity jurisdiction' allow a federal court to do?
- Hear civil cases between citizens of different states where the amount in controversy exceeds $75,000 (Correct answer)
- Try cases involving constitutional questions regardless of parties' citizenship
- Handle immigration matters for foreign nationals
- Adjudicate disputes between federal agencies
Correct answer: Hear civil cases between citizens of different states where the amount in controversy exceeds $75,000
28 U.S.C. § 1332 grants federal courts diversity jurisdiction when parties are from different states and the dispute exceeds $75,000.
Question 3: In tort law, what must a plaintiff prove to establish negligence?
- Duty, breach, causation, and damages (Correct answer)
- Intent, act, causation, and injury
- Strict liability, foreseeability, and harm
- Malice, motive, opportunity, and loss
Correct answer: Duty, breach, causation, and damages
Negligence has four elements: the defendant owed a duty of care, breached it, the breach caused the plaintiff's injury, and actual damages resulted.
Question 4: What is 'chain of title' as used in real property law?
- The historical sequence of ownership transfers for a parcel of land (Correct answer)
- The legal description of a property's boundaries
- The list of liens recorded against a property
- The process of recording a deed with the county
Correct answer: The historical sequence of ownership transfers for a parcel of land
Chain of title is the chronological record of all recorded instruments affecting ownership of a specific parcel, used to verify clear title.
Question 5: Which ethical rule requires a paralegal to keep client funds separate from personal and law firm funds?
- Trust account rules (IOLTA) (Correct answer)
- Conflict of interest rules
- Competence rules
- Candor toward the tribunal rules
Correct answer: Trust account rules (IOLTA)
IOLTA (Interest on Lawyers' Trust Accounts) rules require client funds to be held in separate trust accounts, never commingled with firm or personal funds.
Question 6: What is the role of an 'amicus curiae' brief?
- To allow a non-party with a strong interest in the outcome to offer the court additional arguments or information (Correct answer)
- To challenge the court's jurisdiction over the case
- To request a change of venue to another court
- To summarize testimony given by expert witnesses
Correct answer: To allow a non-party with a strong interest in the outcome to offer the court additional arguments or information
An amicus curiae ('friend of the court') brief is filed by a non-party who has a relevant interest and wishes to inform the court on legal or policy issues.
Question 7: Which of the following is an example of 'hearsay' evidence?
- A witness testifying about what a third party told them outside of court to prove the truth of that statement (Correct answer)
- A witness describing what they personally saw at the scene
- A document authenticated and admitted into evidence
- Expert testimony based on firsthand examination
Correct answer: A witness testifying about what a third party told them outside of court to prove the truth of that statement
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible under FRE 802 unless an exception applies.
CLA/CP Exam Trivia 5
Which court generally handles bankruptcy cases in the US federal system?