1) What do you mean by term “Garnish” in legal?
Garnish is used to define a procedure, where a portion of salary or property of the debtor is sent to the party who owns the debt.
2) What do you mean by “Hearsay”?
“Hearsay” is a term used to define a testimony from a witness about the events he or she has not actually witnessed, but heard about the event from a third party. It may be admissible depending upon the rules of evidence.
3) Mention what are the skills required to become a paralegal professional?
• Organization and planning
• Research and analytical skills
• Judgment and decision-making skills
• Attention to detail
• Excellent communication skills
• Confidentiality and sensitivity
• Patience and perseverance
4) Mention the types of bail available to convict in U.S.A?
Seven types of bail that is available to Convict are
• Recognizance: Someone who is released on their own recognizance and bound to show up at their court date and stop further illegal activity. The judge can also set an amount to be paid if the individual does not follow the rules.
• Citation release: A citation is released by on duty officer who has arrested the convict informing him to appear in court at certain date.
• Surety bond: A surety bond is where a third party takes the responsibility of the defendant and pays for the bail. It is also referred as a bail bond.
• Federal bail bond: Federal bail bond is issued outside the local or state court’s jurisdiction. Unlike other bond, there is no collateral required. In this bond also third party takes the responsibility for the payment of the bail, if the defendant does not appear.
• Property bond: In this type of bond the convict or someone acting on their behalf, puts up property as collateral to the bail. The property put is twice the amount of bail.
• Immigration bond: This bond is used when crime is committed by immigrants
• Cash bail: Bail only on cash payment, this bail is given when judge has doubt about the convict to re-appear in the court.
5) Explain what is the affidavit of domicile and debt?
Affidavit of domicile and debt is a legal proof that states the debt, taxes and claims against the estate or property is satisfied by the deceased person. This is used more often when any property owned by the deceased needs to be transferred to descendant or legal owner.
6) List out different types of Affidavits?
Different types of affidavits available are
• Affidavit of service
• Affidavit of debt
• Affidavit of domicile
• Affidavit of domicile and debt
• Affidavit in chief
• Affidavit in reply
7) What is a method to attach documents in Witness Statement?
If the witness wants to put supportive documents to its statement, he has to organize the documents precisely
• The supportive document should be given Alphabetical orders like A, B, C… For example, A- copy of the email received on so and so date from Clark D. Likewise for rest document use C, D..
• The statement can be marked with the witness initial and page number like [ DK1 page Number 1]
• If the witness want to make a second statement he can use [DK2 Page Number 1]
• It is the most common method for representing witness statement in front of the judge, yet there are courts that follow different formats. So, always check the court what format they follow.
8) Can a law graduate automatically accountable to practice a paralegal work?
Just having a graduate degree would not make an individual accountable to paralegal work, it requires further training to understand the practical aspect of the profession.
9) What are the other areas where paralegal can work?
Paralegal can work in various sectors due to their knowledge of legal aspects
• Financial services
• Real estate and building societies
• Credit control
10) Explain what is a litigation paralegal?
Litigation is the process of taking case to court. Litigation paralegal provides support to attorneys who are engaged in lawsuits, which are cases in a court of law involving complaints or claims. The general duties of litigation paralegal are conducting client interviews, performing legal research, organizing documents, assisting in document production for trial, court filing and preparing for trial.
11) Explain what does it mean by “Eminent Domain”?
It’s a right given to government to take private property for public use without owner’s consent, but with “Just Compensation.”
12) In legal term what is referred as “Acquit”?
The act of declaring a convict as innocent and relieved from all the charges are referred as “Acquit.”
13) What are the duties of a paralegal in “Real Estate”?
In “Real Estate” paralegal has to do various tasks like
• Draft deeds
• Order title searches
• Draft lease and lease assignments
• Prepare legal description
• Review plots and surveys
• Arrange for title insurance
• Prepare mortgage releases
• Calculate amortization tables
• Prepare title abstracts
• Prepare, distribute and administer landlord consent letters
14) Explain what is “Petition of writ of certiorari”?
It is a document which is filed by losing party to the upper court or Supreme Court, asking the Supreme Court to review the decision of a lower court.
15) Explain what is the “writ of Certiorari”?
When Supreme Court agrees to hear an appeal from a lower court is referred as “Writ of Certiorari.”
16) Who is Plaintiff?
Plaintiff is referred to a person, who sues a civil action against the party or accused before the court.
17) Explain what are the types of legal document most paralegals can create?
Paralegal can create documents like
• Litigation documents
• Communication documents
18) Mention what are the key elements in the will includes?
• It should include the name of the executor, the person who is looking into the terms of the wills are fulfilled
• It should include name of the guardians, who will be looking after children under age of 18
• Explanation about how debts and taxes should be paid
• Explanation of how personal property should be distributed
19) Explain what is trust and types of trust?
A trust in an arrangement, where the third party (trustee) holds the assets such as money or property for one or more beneficiary of an individual. Many people create a trust to avoid probate.
20) What do you mean by probate?
Probate is a legal procedure, in which the WILL of the deceased person is scrutinized by probate court about its genuineness before the distribution of the property or money.