Practice Test Geeks(NALA) National Association of Legal Assistants Certification Practice Test
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Substantive Law & Legal Procedures Flashcards

7 cards from real NALA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Substantive Law & Legal Procedures flashcards as text

  1. In tort law, which element must a plaintiff prove in a negligence per se claim?

    Answer: That the defendant violated a statute designed to protect the plaintiff's class from the type of harm suffered

    Negligence per se applies when a defendant violates a statute designed to protect the class of persons the plaintiff belongs to from the specific type of harm that occurred.

  2. What is the term for property that passes outside of probate directly to a named beneficiary upon the owner's death?

    Answer: Non-probate property

    Non-probate property, such as life insurance proceeds and jointly held property with right of survivorship, transfers directly to beneficiaries without going through probate.

  3. Under the UCC, the 'battle of the forms' provision applies to contracts between merchants and addresses situations where:

    Answer: Acceptance contains different or additional terms from the offer

    UCC § 2-207 addresses the 'battle of the forms' where acceptance or confirmation adds or changes terms from the original offer in merchant-to-merchant transactions.

  4. Which type of easement arises by implication when a property is divided and a portion becomes landlocked?

    Answer: Easement by necessity

    An easement by necessity arises when land is conveyed in a way that leaves a parcel with no access to a public road, implying a right of way over the grantor's retained land.

  5. In criminal procedure, a 'Batson challenge' is used to object to:

    Answer: The use of peremptory strikes to exclude jurors based on race

    A Batson challenge (from Batson v. Kentucky) allows a party to object when the opposing party uses peremptory challenges to exclude jurors on the basis of race.

  6. What is the legal term for the court order that transfers a judgment debtor's wages directly to a creditor?

    Answer: Garnishment

    Wage garnishment is a court-ordered process where a creditor collects a debt by directing the debtor's employer to withhold a portion of the debtor's wages.

  7. Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to how many weeks of unpaid leave per year?

    Answer: 12 weeks

    The FMLA entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons.