NALA ACP cheat sheet

The NALA ACP exam is a single multiple-choice test; candidates must pass all sections, and the passing score is set by a criterion-referenced standard, not a curve.

NALA's Code of Ethics and Professional Responsibility is aspirational; violations can lead to revocation of the CP credential by the Certifying Board.

The CP credential requires 50 hours of continuing legal education (CLE) every five years, including at least 5 hours in ethics, for recertification.

The ACP exam is offered in two windows per year (typically March and September/October); applications must be submitted by the published deadlines.

Paralegals may not give legal advice, set fees, or represent clients in court, except where authorized by statute (e.g., some administrative tribunals).

Unauthorized practice of law (UPL) is defined by state law; a paralegal must know the specific rules of the jurisdiction where they work.

Confidentiality obligations continue after employment ends; the duty is owed to the client, not the supervising attorney.

A conflict of interest check should be performed before accepting a new matter; imputed disqualification may apply to the entire firm.

Supervision: a paralegal must be supervised by a licensed attorney and must not accept direct client engagements without attorney oversight.

Pleading standard: under FRCP 8(a)(2), a claim must contain a short and plain statement showing entitlement to relief; Twombly/Iqbal require plausibility, not mere possibility.

Service of process: under FRCP 4, individuals may be served personally, by leaving at abode with a suitable person, or by waiver; corporations via officer or registered agent.

Discovery scope: FRCP 26(b)(1) allows discovery of any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case.

Privilege log: must be provided when withholding documents; must identify the document, date, author, recipient, and basis for privilege.

Summary judgment standard: FRCP 56(a) grants judgment if there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

ADR methods: negotiation (no third party), mediation (facilitative, non-binding), arbitration (adjudicative, usually binding), and mini-trial (hybrid).

Arbitration awards are enforced under the FAA; grounds to vacate are narrow: fraud, corruption, evident partiality, misconduct, or exceeding powers.

Statute of limitations: a procedural bar that must be pleaded affirmatively; it differs from statute of repose, which limits the time to bring a claim regardless of discovery.

Removal: defendant may remove a case from state to federal court within 30 days of service if federal jurisdiction exists (diversity or federal question).

Fourth Amendment: searches require a warrant supported by probable cause, unless an exception applies (consent, exigency, search incident to arrest, plain view, automobile).

Fifth Amendment: privilege against self-incrimination applies to testimonial communications; Miranda warnings are required before custodial interrogation.

Sixth Amendment: right to counsel attaches at critical stages after formal charges; right to a speedy and public trial by an impartial jury.

Criminal discovery: Brady v. Maryland requires prosecution to disclose exculpatory evidence; failure can violate due process.

Chain of custody: must be established for physical evidence; any break in the chain may affect admissibility and weight.

Arraignment: defendant is informed of charges and enters a plea; bail is set unless risk of flight or danger to community justifies detention.

Plea bargaining: court must ensure plea is voluntary and intelligent; factual basis required; defendant waives trial rights.

Sentencing: federal guidelines are advisory after United States v. Booker; statutory maximums and mandatory minimums still apply.

Habeas corpus: state prisoners must exhaust state remedies before federal habeas review under 28 U.S.C. § 2254; AEDPA imposes a one-year limitations period.

Contract formation: offer, acceptance, consideration, capacity, and legality; UCC Article 2 applies to goods, common law to services.

UCC firm offer rule: a merchant's signed written offer to buy or sell goods is irrevocable for up to three months without consideration.

Statute of Frauds: certain contracts must be in writing (e.g., sale of goods over $500, real estate, suretyship, marriage, one-year performance).

Parol evidence rule: bars prior or contemporaneous oral statements that contradict a fully integrated written agreement.

Agency: principal is bound by agent's acts if actual or apparent authority exists; undisclosed principal may be liable.

Corporation formalities: articles of incorporation, bylaws, board of directors, officers, and annual shareholder meetings.

LLC: members have limited liability; management may be member-managed or manager-managed; operating agreement governs.

Partnership: general partners have unlimited personal liability; limited partners are liable only to the extent of their investment.

Securities law: Rule 10b-5 prohibits fraud in connection with purchase or sale of securities; requires scienter, material misrepresentation, reliance, and damages.

Deeds: must be in writing, signed by grantor, identify parties and land, and be delivered; recording acts protect subsequent purchasers.

Recording statutes: race, notice, and race-notice; determine priority between competing purchasers.

Title insurance: owner's policy protects against defects; lender's policy protects mortgagee; standard exceptions apply.

Landlord-tenant: lease is both a conveyance and a contract; implied warranty of habitability applies to residential leases.

Eviction: requires notice and court proceeding; self-help eviction is prohibited in most jurisdictions.

Security deposits: many states limit amount and require return within a set period (e.g., 30 days) with itemized deductions.

Zoning: local ordinances regulate land use; variances and special exceptions may be granted by zoning boards.

Easements: appurtenant (benefits a dominant estate) vs. in gross (personal); created by express grant, implication, necessity, or prescription.

Mortgages: foreclosure procedures vary by state; judicial foreclosure requires court order, nonjudicial follows power of sale.

Marriage: license and solemnization required; common-law marriage recognized in a minority of states if parties cohabit and hold out.

Divorce grounds: no-fault (irretrievable breakdown) and fault (adultery, cruelty); residency requirements vary.

Property division: equitable distribution in most states; community property in nine states (e.g., CA, TX) divides marital property equally.

Child custody: best interests of the child standard; factors include stability, parental fitness, and child's preference if mature.

Child support: guidelines based on income shares or percentage of obligor's income; deviation requires written findings.

Spousal support: alimony may be temporary or permanent; factors include length of marriage, standard of living, and earning capacity.

Adoption: requires termination of parental rights or consent; home study and best interests review.

Domestic violence: protective orders may be ex parte initially; full hearing within a short period (e.g., 10-14 days).

Paternity: established by voluntary acknowledgment or court order; genetic testing may be ordered.

Will formalities: testator must be 18+, of sound mind, sign the will, and have two witnesses (most states); holographic wills valid in some states.

Intestacy: if no will, property passes by statute to spouse, children, or other relatives; spouse's share varies by state.

Probate process: file petition, appoint personal representative, inventory assets, pay debts and taxes, distribute remaining assets.

Trusts: settlor transfers property to trustee for benefit of beneficiary; revocable vs. irrevocable; spendthrift provisions limit creditor access.

Fiduciary duties: loyalty, impartiality, prudence, and accounting; breach can lead to surcharge.

Estate tax: federal exemption for 2024 is $13.61 million per individual; portability allows surviving spouse to use deceased spouse's unused exemption.

Power of attorney: durable POA remains effective if principal becomes incapacitated; healthcare POA covers medical decisions.

Advance directives: living will states wishes for end-of-life care; healthcare proxy designates decision-maker.

Small estate affidavits: available in many states for estates below a set value, avoiding formal probate.

Negligence elements: duty, breach, causation (actual and proximate), and damages; plaintiff must prove all four.

Duty: general duty to act as a reasonable person; special relationships (e.g., landlord-tenant) may create higher duties.

Comparative fault: pure vs. modified; contributory negligence bars recovery in a few states.

Strict liability: applies to abnormally dangerous activities and defective products; no need to prove negligence.

Product liability theories: manufacturing defect, design defect, failure to warn; under Restatement Third, risk-utility test.

Damages: compensatory (economic and non-economic), punitive (for gross negligence or intentional acts), and nominal.

Statute of limitations: personal injury typically 2-3 years; discovery rule may delay accrual in latent injury cases.

Immunity: governmental immunity (waived in some circumstances), charitable immunity (limited), and parental immunity (limited).

Joint and several liability: multiple defendants may be jointly liable; some states have abolished or limited it.

Primary sources: constitutions, statutes, regulations, and case law; secondary sources: treatises, law review articles, encyclopedias.

Citation formats: Bluebook for legal citations; ALWD is an alternative; court rules may require specific formats.

Case briefing: include facts, procedural history, issue, holding, reasoning, and disposition.

Statutory research: use annotated codes (USCA, USCS) for historical notes and citing cases.

Shepardizing/KeyCiting: validate that a case is still good law; check subsequent history and citing references.

Legal writing structure: IRAC (Issue, Rule, Application, Conclusion) for analysis; CRAC (Conclusion, Rule, Application, Conclusion) for persuasive writing.

Research databases: Westlaw, LexisNexis, Bloomberg Law, and free sources like CourtListener and Google Scholar.

Regulatory research: Federal Register and Code of Federal Regulations (CFR) for federal rules; state registers for state rules.

Cite checking: verify quotes, page numbers, and subsequent history; ensure pinpoint citations are accurate.