NFPA Paralegal Core Competency Exam (PCCE) flashcards

An out-of-court statement offered in court to prove the truth of the matter asserted is generally inadmissible as evidence.

• Aims to ensure evidence is reliable and subject to cross-examination.
• Numerous exceptions exist (e.g., excited utterance, dying declaration).
• If offered for a purpose other than its truth, it might not be hearsay.

Memory trick: Evidence must be Relevant, Reliable, and not Hearsay.

A legal right granted by a government to an inventor to exclude others from making, using, selling, or importing an invention for a limited period.

• Protects inventions, processes, machines, compositions of matter.
• Requires novelty, non-obviousness, and utility.
• Typically lasts 20 years from filing date for utility patents.

Memory trick: Copyright, Patent, Trademark, Trade Secret: Protect your Creations.

Protects individuals from unreasonable searches and seizures, requiring probable cause for warrants.

• Requires warrants to be based on probable cause.
• Specifies warrants must describe place to be searched and items to be seized.
• Exclusionary rule prevents illegally obtained evidence from being used.

Memory trick: Remember your Rights: Search, Silence, Trial, and Counsel.

A legal arrangement established during an individual's lifetime for the purpose of managing assets and distributing them upon death, typically avoiding probate.

• Assets are transferred into the trust during the grantor's lifetime.
• Grantor can serve as trustee and beneficiary during their life.
• Provides privacy and can be more efficient than probate.

Memory trick: Wills and Trusts are the main ways to control your wealth after you're Gone.

A system of government in which power is divided between a national (federal) government and various regional (state) governments.

• Ensures a balance of power, preventing concentration.
• Often involves the Supremacy Clause (federal law trumps state law).
• Tenth Amendment reserves powers not delegated to federal government to states/people.

Memory trick: Foundational principles: Federalism, Separation, Due Process, Rights.

A claim made by a defendant against the plaintiff in a lawsuit, which may or may not arise from the same transaction or occurrence as the plaintiff's original claim.

• Allows defendants to seek relief against the plaintiff.
• Can be compulsory (must be filed) or permissive (may be filed).
• Filed as part of the defendant's answer to the complaint.

Memory trick: Defend with an Answer, Counter, Cross, or Third-Party.

Something of legal value (a promise, an act, or a forbearance) bargained for and given in exchange for a promise, forming the basis of a contract.

• Must be a 'bargained-for exchange'.
• Need not be monetary; can be a promise to do or not do something.
• Courts generally don't inquire into adequacy, only sufficiency.

Memory trick: Offer, Acceptance, Consideration, and Legality are the A, B, C, D of contracts.

Monetary awards granted to an injured party to compensate them for actual losses or injuries suffered as a result of a breach of contract or a tort. The goal is to restore the plaintiff to the position they would have been in had the wrong not occurred.

• Cover direct losses (e.g., lost profits, medical bills).
• Can include special (consequential) damages for foreseeable indirect losses.
• Purpose is to make the injured party 'whole' again.

Memory trick: Compensate for Loss, Punish for Wrong, Nominate for Right, Liquidate for Limit.

A branch of intellectual property law that protects words, names, symbols, slogans, or devices used to identify and distinguish goods or services from those of others, preventing consumer confusion.

• Protects brand identity and goodwill.
• Rights arise from use in commerce, but can be registered.
• Infringement occurs when there's a likelihood of consumer confusion.
• Can last indefinitely if continuously used and renewed.

Memory trick: Trademarks are about 'T'rading with a unique brand.

A testamentary gift of a particular, identifiable item of property (real or personal) to a named beneficiary. It is distinct from other assets in the estate.

• Gift is of a unique, identifiable item (e.g., 'my car,' 'my coin collection').
• If the item is not in the estate at death (adeemed), the beneficiary typically gets nothing.
• Often carries priority over general or residuary gifts during abatement.

Memory trick: Specific is Special, General is Generic, Demonstrative is Derived, Residuary is Remaining.

An equitable remedy in contract law that compels a breaching party to perform their specific obligations under a contract. It is typically granted only when monetary damages are inadequate to compensate the non-breaching party, such as in contracts for the sale of unique goods (e.g., real estate, rare art, unique vehicles).

• Equitable remedy
• Compels performance of contract terms
• Only awarded when monetary damages are inadequate
• Common for unique goods, real estate, or personal services (rarely)

Memory trick: For a 'Unique' item, 'Specifically Perform' the contract.

A type of corporation that meets specific IRS requirements and elects to be taxed under Subchapter S of the Internal Revenue Code. It allows profits and losses to be passed directly to the owners' personal income without being subject to corporate tax rates, thus avoiding double taxation, while still providing limited liability to its shareholders.

• Limited personal liability for owners
• Avoids double taxation (pass-through entity)
• Restricted to 100 shareholders (U.S. citizens/residents)
• Offers flexibility in management structure

Memory trick: An 'S Corp' is 'Smart' for 'Saving' on taxes and 'Shielding' assets.

A type of trust where the trustee is obligated to make distributions to the beneficiary for their 'health, education, maintenance, and support' (HEMS). While the trustee may have some discretion in determining the amount or timing, the distributions are tied to these specific needs, and creditors generally cannot reach these funds if they are necessary for the beneficiary's support.

• Mandatory distributions for HEMS needs
• Trustee has limited discretion within HEMS standard
• Protects beneficiary's basic needs
• Creditors generally cannot reach funds needed for support

Memory trick: HEMS is the 'Support' system for a 'Trust' beneficiary.

A legal principle in the United States, derived from the Fourth Amendment, that prohibits the use of illegally obtained evidence in a criminal trial. Its purpose is to deter law enforcement from engaging in unconstitutional searches and seizures.

• Applies to evidence obtained in violation of the Fourth Amendment
• Prevents illegally obtained evidence from being used in court
• Aims to deter police misconduct
• Has several exceptions (e.g., good faith, inevitable discovery)

Memory trick: Illegally 'Excluded' evidence makes police 'Rue' their actions.

A tort that allows an injured party to recover damages for severe emotional suffering caused by another's extreme and outrageous conduct.

• Requires extreme and outrageous conduct by the defendant.
• Defendant must intend to cause, or recklessly disregard the probability of causing, severe emotional distress.
• Plaintiff must suffer severe emotional distress.
• No physical injury is required for recovery.

Memory trick: Think 'E' for emotional, 'E' for extreme.

A failure, without legal excuse, to perform any promise that forms all or part of a contract.

• Occurs when a party fails to fulfill their contractual obligations.
• Can lead to monetary damages for the non-breaching party.
• Requires a valid contract to have existed.

Memory trick: When promises break, look to the contract for how to make things right.

The body of law that governs the various forms of ownership and tenancy in real property and personal property, including rights and disputes related to their use and enjoyment.

• Deals with rights and interests in land and possessions.
• Includes concepts like nuisance, trespass, and easements.
• Often involves disputes between neighbors over property use.

Memory trick: When fences and feelings clash, property law provides the path.

The highest level of judicial review applied to laws that infringe on fundamental constitutional rights (e.g., free speech, religion) or involve suspect classifications (e.g., race, national origin). For a law to pass strict scrutiny, it must be justified by a compelling governmental interest, be narrowly tailored to achieve that interest, and be the least restrictive means available.

• Applies to fundamental rights and suspect classifications
• Requires compelling government interest
• Must be narrowly tailored
• Must be the least restrictive means

Memory trick: Strict Scrutiny is for 'Seriously Significant' rights like 'Speech'.

An exception to the at-will employment doctrine that prohibits an employer from terminating an employee for reasons that violate a clear public policy, such as refusing to commit an illegal act or reporting illegal activity (whistleblowing).

• Protects employees from wrongful discharge.
• Public policy must be clearly articulated (e.g., in statutes, regulations).
• Common examples include whistleblowing, exercising a legal right, or refusing to commit a crime.

Memory trick: PIC-P: Public policy, Implied contract, Covenant, Promissory estoppel.

A system of property ownership where marital assets acquired during the marriage are considered jointly owned by both spouses, with each having an undivided one-half interest. Upon divorce, these assets are typically divided equally.

• Applies in certain states (e.g., California, Texas).
• All property acquired during marriage is generally community property.
• Property acquired before marriage or by gift/inheritance is separate property.

Memory trick: Community is Common, Equitable is Fair.

A type of contract where both parties exchange a promise to perform an act in the future. It is the most common type of contract.

• Mutual promises are exchanged.
• Both parties are obligors and obligees.
• Enforceable upon the exchange of promises.

Memory trick: Many Promises Make a Bilateral Bond.

A doctrine in tort law that provides that a defendant is negligent as a matter of law if they violate a statute or regulation, and that violation causes injury to a member of the class of persons the statute was intended to protect, and the injury is of the type the statute was designed to prevent.

• Violation of a statute or regulation
• Statute designed to protect a specific class of people
• Injury is of the type the statute intended to prevent
• Defendant is presumed negligent (duty and breach established)

Memory trick: Statute 'Violation' leads to 'Per Se' negligence.

In corporate transactions, particularly mergers and acquisitions, the agreement by an acquiring entity to take on and become responsible for the debts, obligations, and contractual commitments of the acquired company.

• Crucial for continuity of business operations post-acquisition.
• Often specified in the acquisition agreement.
• Distinguished from simply purchasing assets, which may not automatically transfer liabilities.
• Ensures third-party contracts remain valid and enforceable against the new owner.

Memory trick: Assumption is like 'assuming' the whole company's burden.

A false statement of a material fact made by one party to another, with knowledge of its falsity or reckless disregard for the truth, with the intent to induce the other party to act, and which the other party justifiably relies upon to their detriment.

• False statement of material fact
• Knowledge of falsity (scienter)
• Intent to induce reliance
• Justifiable reliance by the injured party

Memory trick: Don't get 'misrepresented' when buying a 'house'!

The body of law that governs the activities of administrative agencies of government. Government agencies are granted power by Congress (or state legislatures) to create and enforce regulations.

• Deals with the powers and procedures of government agencies.
• Involves rulemaking, adjudication, and enforcement actions.
• Agencies derive authority from enabling statutes.
• Judicial review is available to challenge agency actions.

Memory trick: Ad agencies make 'admin' rules for everyone.

An event or action that must take place before a contractual duty becomes absolute or before a party is entitled to enforce a right under a contract.

• Its non-occurrence can excuse performance or delay a right to enforce.
• Often found in contracts related to real estate, loans, or dispute resolution.
• Distinguished from conditions subsequent (which terminate an existing duty).
• Can be express (explicitly stated) or implied.

Memory trick: Precedent means 'before', like a prerequisite.

A legal procedure used by landlords to evict tenants and regain possession of rental property when the tenant has breached the lease agreement, typically by failing to pay rent or holding over after the lease term.

• Expedited court process designed for landlord-tenant disputes.
• Focuses primarily on regaining possession of the property.
• Requires proper notice to the tenant before filing.
• Can often include claims for unpaid rent and damages.

Memory trick: Unlawful Detainer is how landlords 'detain' their property back.

The level of care, skill, and diligence that a reasonably prudent professional in the same field and community would exercise under similar circumstances.

• Higher than the ordinary 'reasonable person' standard.
• Often requires expert testimony to establish what the standard is and if it was breached.
• Applies to doctors, lawyers, accountants, engineers, etc.
• Breach of this standard can lead to professional malpractice liability.

Memory trick: Professional care is 'P'eer-based, not just 'P'rudent.

A chapter of the U.S. Bankruptcy Code that allows individuals with regular income to develop a plan to repay all or part of their debts over three to five years, while retaining their property.

• Known as 'wage earner's plan' or 'reorganization for individuals'.
• Debtor keeps all assets, including non-exempt property.
• Requires a steady income to fund the repayment plan.
• Upon completion, remaining dischargeable debts are eliminated.

Memory trick: Chapter 13 is for 'C'onsumers '1-3' years to pay.

A form of discovery consisting of written questions submitted by one party to another, which must be answered in writing and under oath within a specified time period.

• Written questions
• Served on another party
• Must be answered under oath
• Aims to elicit facts and identify witnesses/documents

Memory trick: Interrogatories are 'interrogating' with 'written' questions.

A judicial standard of review used to determine the constitutionality of certain laws. It requires the government to show that the law serves an important governmental objective and is substantially related to achieving that objective.

• Applies to quasi-suspect classifications (e.g., gender, illegitimacy) and commercial speech.
• Higher standard than rational basis, lower than strict scrutiny.
• Government must demonstrate the law directly advances a substantial government interest and is narrowly tailored.

Memory trick: Rational, Important, Compelling: The Three Levels of Law.

Evidence of a person's character or a trait of character is generally not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. However, such evidence may be admissible for other purposes, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

• Generally inadmissible to prove conduct in conformity with character
• Admissible for non-propensity purposes (M.O.I.P.P.K.I.A.)
• Requires specific purpose and often a limiting instruction
• Balances probative value against prejudicial effect

Memory trick: Don't 'Propensity' blame, unless it proves 'Motive' or 'Intent'.

A legal principle under which a person who does not have legal title to a property acquires legal ownership based on continuous, open, hostile, and exclusive occupation for a statutory period.

• Requires specific elements: open, notorious, continuous, hostile, exclusive, and actual possession.
• Statutory period varies by state (e.g., 5-20 years).
• Results in a new title, extinguishing the original owner's.

Memory trick: Adverse Acts Acquire Actual Acres.

An exception to the at-will employment doctrine that prohibits employers from terminating an employee for reasons that violate a clear public policy mandate. Common examples include firing an employee for refusing to commit an illegal act, performing a public duty (like jury service), or reporting illegal activities (whistleblowing).

• Limits employer's right to terminate at-will
• Protects employees acting in public interest
• Includes whistleblowing, jury duty, refusing illegal acts
• Scope varies by state

Memory trick: Don't fire for 'Public Policy' reasons, like 'Whistleblowing'!

The legal responsibility of a property owner for injuries sustained by an invitee (someone entering the property for the owner's business or mutual benefit) due to a dangerous condition on the premises. The owner owes a duty to exercise reasonable care to keep the premises safe.

• Duty owed to invitees (customers, business guests)
• Owner must inspect for and discover dangerous conditions
• Owner must warn of non-obvious dangers or make them safe
• Breach of duty leads to negligence claim

Memory trick: An 'Invitee' gets the 'Inspection' and 'Warning' duty.

The unlawful application of force to the person of another, resulting in either a harmful contact or an offensive contact.

• Requires intent to apply force, not necessarily intent to harm.
• Physical contact is essential.
• Can be direct or indirect contact.

Memory trick: Assault, Battery, Homicide: Personal Harm Crimes.

Federal courts have exclusive subject matter jurisdiction over patent infringement cases, meaning these cases can only be heard in federal courts, specifically U.S. District Courts at the trial level.

• Exclusive federal jurisdiction
• U.S. District Courts have original jurisdiction
• U.S. Court of Appeals for the Federal Circuit hears appeals
• Arises under federal patent law (28 U.S.C. § 1338(a))

Memory trick: District courts are the 'Ground Floor' for federal law, including patents.

A tort doctrine where a plaintiff's recovery of damages is reduced by their percentage of fault, but they are completely barred from recovery if their fault is determined to be 50% or greater.

• Combines elements of contributory and pure comparative negligence.
• Plaintiff can recover if their fault is 49% or less.
• Plaintiff recovers nothing if their fault is 50% or more.
• Most common form of comparative negligence in the U.S.

Memory trick: Modified 50%: You can recover, but not if you're 'half' to blame or more.

A legal doctrine that prevents an injured party's damages from being reduced by payments received from sources independent of the tortfeasor (e.g., insurance, sick leave, gratuitous medical care). While the rule itself allows recovery from both, many jurisdictions have modified it to prevent double recovery, often through subrogation or statutory offsets.

• Prevents the defendant from benefiting from the plaintiff's prudence (e.g., buying insurance).
• Can result in plaintiff receiving more than actual loss in some pure collateral source jurisdictions.
• Many states have modified or abolished it to avoid double recovery, often through subrogation or statutory offsets.
• The question focuses on the policy of preventing double recovery, which is often addressed through modifications of this rule.

Memory trick: Collateral Sources Can't Cut Compensation.

A provision in the U.S. Constitution that protects individuals from being compelled to be a witness against themselves in a criminal case.

• Basis for Miranda warnings (right to remain silent, right to an attorney).
• Applies during custodial interrogation.
• Confessions obtained in violation are generally inadmissible under the exclusionary rule.
• Also known as 'pleading the Fifth'.

Memory trick: Five fingers cover your mouth, stopping self-incrimination.

A criminal procedure hearing, typically before a judge, to determine whether there is enough evidence (probable cause) to justify holding the defendant for trial.

• Not a trial to determine guilt or innocence.
• Prosecution presents minimal evidence to show probable cause.
• Defense may cross-examine witnesses and present limited evidence.
• If probable cause is found, the case proceeds to grand jury or information filing.

Memory trick: Preliminary is 'P' for Probable Cause.

A formal request made to a court by a defendant in a criminal case, asking the court to exclude certain evidence from being presented at trial on the grounds that it was obtained illegally or in violation of constitutional rights.

• Commonly used to challenge evidence obtained from illegal searches or seizures (Fourth Amendment).
• If granted, the evidence cannot be used by the prosecution.
• Often a critical pre-trial motion in criminal defense.

Memory trick: Suppress the Illegally Seized, Dismiss the Weak Case, Limit the Prejudicial.

The highest standard of judicial review used by courts to determine the constitutionality of certain laws. It applies when a law infringes on a fundamental constitutional right or involves a suspect classification.

• Government must prove the law serves a 'compelling government interest'.
• Government must prove the law is 'narrowly tailored' to achieve that interest.
• Government must prove the law uses the 'least restrictive means' available.
• Few laws survive strict scrutiny.

Memory trick: Strict scrutiny is for 'S'uper important rights.

A legal cause of action for a substantial and unreasonable interference with another's use or enjoyment of their property.

• Interference must be substantial.
• Interference must be unreasonable.
• Can be public (affecting community) or private (affecting individual).

Memory trick: My home, my peace – don't mess with it!

Paralegals must ensure that all time and expenses billed to clients are accurate, justifiable, and adhere to firm policies and legal standards, deferring questionable items to the supervising attorney.

• Accuracy is paramount in billing.
• All expenses must be justifiable and reasonable.
• Questionable items must be escalated to the supervising attorney.
• Adherence to firm billing policies is required.

Memory trick: Always Bill Right, Escalate Questionable Items Swiftly.