NALA Substantive Law & Legal Procedures 2

Question 1

Under the Federal Rules of Civil Procedure, how many days does a defendant generally have to serve an answer after being served with a summons and complaint?

Accepted Answer

21 days

Answer

FRCP Rule 12(a)(1)(A)(i) gives a defendant 21 days after being served to file and serve an answer.

Question 2

Which doctrine holds that a person who comes to equity must come with clean hands?

Accepted Answer

Unclean hands

Answer

The 'unclean hands' (or 'clean hands') doctrine bars equitable relief to a party who has acted inequitably in the matter at issue.

Question 3

In criminal law, what is the legal term for a false statement of fact made knowingly, with intent to deceive, that causes financial harm?

Accepted Answer

Fraud

Answer

Fraud requires a knowing misrepresentation of a material fact, intent to induce reliance, actual reliance, and resulting damages.

Question 4

Which type of jurisdiction allows a court to hear a case first, before any other court?

Accepted Answer

Original jurisdiction

Answer

Original jurisdiction is the authority to hear a case at its inception, as opposed to appellate jurisdiction which reviews decisions of lower courts.

Question 5

A testator who lacks the mental capacity to understand the nature of a will, the extent of their property, and the natural objects of their bounty is said to lack:

Accepted Answer

Testamentary capacity

Answer

Testamentary capacity requires the testator to understand the nature of making a will, the nature and extent of their property, and who their natural heirs are.

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA Substantive Law & Legal Procedures 2