Experience the Quality With Free Certified Paralegal Exam Questions That Helps Candidates Pass

Case law, also known as common law, is created through judicial opinions interpreting statutes, regulations, and constitutional provisions, as well as applying precedent to new facts. It fills gaps where legislation is silent and provides binding precedent under stare decisis. Statutory law is enacted by legislatures, administrative law stems from agency regulations, and constitutional law is derived from the Constitution. Paralegals must distinguish these categories to conduct effective legal research and cite proper authorities. On the CP exam, expect to identify case law as a primary authority source, crucial for supporting arguments in pleadings and motions.

The bona fide purchaser doctrine shields buyers who acquire property for value without notice of competing interests. Recording statutes (notice, race, race-notice) codify protections. Caveat emptor applies to buyer beware; adverse possession acquires title by possession; eminent domain is government taking with compensation. Paralegals conduct title searches to ensure bona fide purchaser status. The CP exam tests recording systems and priority rules.

The Supremacy Clause (Article VI) ensures federal law prevails over conflicting state laws. States may legislate in areas not preempted, but direct conflicts are resolved in favor of federal authority. Paralegals must identify preemption issues in research. The CP exam tests hierarchy of laws and supremacy principles.

Articles of organization (or certificate of formation) establish an LLC with the state. The operating agreement governs internal affairs but is not filed. Bylaws apply to corporations; stock certificates evidence ownership. Paralegals prepare filings, confirm statutory compliance, and maintain entity records. The CP exam tests entity formation procedures.

Under the UCC, a secured creditor may repossess collateral upon default without judicial process if done without breach of peace. Garnishment involves seizing wages; foreclosure applies to real property; replevin is a court action to recover goods. Paralegals assist by reviewing contracts, defaults, and compliance with repossession rules. The CP exam tests secured transactions, creditor rights, and remedies.