Registered Paralegal (PACE / RP) Substantive Areas of Law Syllabus

Substantive Areas of Law syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Substantive Areas of Law in Registered Paralegal (PACE / RP), not a summary of it.

1. 1

   Contracts and Commercial Law

   3 topics

   • Contract Formation and Enforceability
     • Offer, acceptance, and consideration
     • Statute of frauds and defenses to formation
   • Performance, Breach, and Remedies
     • Material breach and anticipatory repudiation
     • Damages, specific performance, and rescission
   • Uniform Commercial Code Basics
     • Article 2 sales of goods
     • Article 9 secured transactions overview
2. 2

   Torts and Personal Injury

   3 topics

   • Negligence
     • Duty, breach, causation, and damages
     • Comparative and contributory fault
   • Intentional Torts and Strict Liability
     • Assault, battery, and defamation
     • Products liability theories
   • Damages and Settlement Valuation
     • Economic and non-economic damages
     • Medical liens and subrogation
3. 3

   Business Organizations and Corporate Law

   3 topics

   • Entity Selection and Formation
     • Sole proprietorships and partnerships
     • Corporations and LLCs
   • Corporate Governance and Records
     • Bylaws, minutes, and resolutions
     • Fiduciary duties of officers and directors
   • Securities and Regulatory Filings
     • State filings and annual reports
     • Basic securities compliance
4. 4

   Family Law and Estates

   3 topics

   • Marriage, Dissolution, and Custody
     • Divorce procedure and property division
     • Child custody, support, and visitation
   • Wills, Trusts, and Probate
     • Will execution and intestacy
     • Trust administration and probate procedure
   • Guardianship and Powers of Attorney
5. 5

   Real Property and Public Law

   3 topics

   • Real Estate Transactions
     • Deeds, titles, and recording
     • Closings and title insurance
   • Landlord-Tenant and Land Use
     • Leases and eviction procedure
     • Zoning and easements
   • Administrative and Criminal Law Overview
     • Agency adjudication and rulemaking
     • Criminal procedure and defendant rights

Substantive Areas of Law flashcards for Registered Paralegal (PACE / RP)

21 of 59 cards from the Substantive Areas of Law deck — real questions with worked answers.

1. What four elements are required to form a valid, enforceable contract?

   (1) Offer, (2) Acceptance, (3) Consideration (bargained-for exchange), and (4) Mutual assent/capacity with a legal purpose. Many courts also list capacity and legality as separate elements.

2. What is 'consideration' in contract law, and why is it required?

   Consideration is a bargained-for exchange of something of legal value (a benefit to one party or a detriment to the other). It distinguishes an enforceable contract from a gratuitous (unenforceable) promise.

3. Under the 'mailbox rule,' when is acceptance of an offer effective?

   Acceptance is effective the moment it is dispatched (e.g., placed in the mail), not when received. Revocations, rejections, and counteroffers, by contrast, are effective only on receipt.

4. What types of contracts must be in writing under the Statute of Frauds?

   Contracts for: Marriage, performance that cannot be completed within one Year, sale of Land/interests in real property, by an Executor to pay estate debts personally, Goods of $500 or more (UCC), and Suretyship (guaranteeing another's debt). Mnemonic: MY LEGS.

5. Distinguish a void contract from a voidable contract.

   A void contract has no legal effect from the outset (e.g., illegal purpose). A voidable contract is valid but one party has the option to disaffirm or enforce it (e.g., contracts by minors or those induced by fraud/duress).

6. What is the doctrine of promissory estoppel?

   It allows enforcement of a promise lacking consideration when the promisor reasonably should expect reliance, the promisee actually and reasonably relies to their detriment, and injustice can be avoided only by enforcement. Recovery is usually limited to reliance damages.

7. What is the difference between a material breach and a minor (partial) breach?

   A material breach goes to the essence of the contract, excuses the non-breaching party from further performance, and permits suit for total damages. A minor breach allows suit for damages but the non-breaching party must still perform their obligations.

8. What are 'expectation damages' and how are they measured?

   Expectation damages put the non-breaching party in the position they would have occupied had the contract been performed. Measured as: loss in value + other (incidental/consequential) loss − cost avoided − loss avoided.

9. What is the duty to mitigate damages?

   A non-breaching party must take reasonable steps to minimize losses after a breach. Damages that could have been reasonably avoided are not recoverable.

10. When is the equitable remedy of specific performance available?

    When the legal remedy (money damages) is inadequate, typically for unique goods or real estate. It is not granted for personal-service contracts or where terms are too uncertain to enforce.

11. What is anticipatory repudiation, and what may the non-breaching party do?

    It occurs when one party clearly indicates before performance is due that they will not perform. The other party may immediately treat it as a breach and sue, suspend performance, or wait a reasonable time for performance.

12. Which transactions are governed by Article 2 of the Uniform Commercial Code (UCC)?

    UCC Article 2 governs contracts for the sale of goods (movable, tangible personal property). It does not cover real estate, services, or intangibles; for mixed contracts courts apply the 'predominant purpose' test.

13. How does the UCC 'battle of the forms' rule (§2-207) differ from the common-law mirror-image rule?

    Under common law, acceptance must mirror the offer exactly or it is a counteroffer. UCC §2-207 allows a definite acceptance to form a contract even with additional/different terms; between merchants, additional terms can become part of the contract unless they materially alter it, are objected to, or the offer limits acceptance.

14. What is the UCC 'perfect tender rule'?

    In a sale of goods, the buyer may reject the goods if they fail in any respect to conform to the contract, subject to the seller's right to cure within the contract time.

15. What is the implied warranty of merchantability under the UCC?

    In a sale by a merchant who deals in goods of that kind, the goods are warranted to be fit for the ordinary purposes for which such goods are used, adequately packaged, and of fair average quality. It can be disclaimed by mentioning 'merchantability,' typically in writing and conspicuous.

16. What are the four elements a plaintiff must prove in a negligence claim?

    (1) Duty of care owed, (2) Breach of that duty, (3) Causation (actual/'but-for' and proximate cause), and (4) Damages (actual harm).

17. What standard of care defines breach in an ordinary negligence case?

    The conduct of a reasonably prudent person under the same or similar circumstances. Falling below this objective standard constitutes a breach of duty.

18. What is the doctrine of res ipsa loquitur?

    'The thing speaks for itself' — it permits an inference of negligence when the injury would not ordinarily occur without negligence, the instrumentality was under the defendant's exclusive control, and the plaintiff did not contribute to the harm.

19. Distinguish contributory negligence from comparative negligence.

    Contributory negligence completely bars a plaintiff's recovery if they were at all at fault (a few states). Comparative negligence reduces recovery by the plaintiff's percentage of fault — 'pure' allows recovery at any percentage, 'modified' bars recovery once the plaintiff's fault reaches 50% or 51%.

20. What distinguishes an intentional tort from negligence?

    An intentional tort requires intent — the defendant desired the result or knew it was substantially certain to occur. Negligence requires only a failure to exercise reasonable care, with no intent to cause harm.

21. What are the elements of the intentional tort of battery?

    (1) A harmful or offensive contact (2) with the plaintiff's person, (3) caused by the defendant's intentional act. Apprehension by the plaintiff is not required (that is assault).

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