NALA Certified Paralegal Practice Exam

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Study for the NALA Certified Paralegal Exam. Use our practice quizzes with multiple choice questions and explanations to enhance your knowledge. Prepare effectively for your certification!

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Which of the following is NOT a procedural safeguard afforded by the US Constitution?

No Double Jeopardy
No Excessive Bail
Protected against cruel and unusual punishment
Guaranteed right to a free attorney in civil cases

The correct answer is: Guaranteed right to a free attorney in civil cases

The correct answer identifies the guaranteed right to a free attorney in civil cases as not being a procedural safeguard afforded by the US Constitution. In the context of the Constitution, the right to counsel is explicitly granted in criminal cases under the Sixth Amendment, which ensures defendants have access to legal representation without charge if they cannot afford an attorney. However, this right does not extend to civil cases, where parties are generally responsible for their own legal representation. The other options reflect established protections found within the Constitution. The prohibition against double jeopardy, which prevents an individual from being tried twice for the same crime, is rooted in the Fifth Amendment. The Eighth Amendment provides safeguards against excessive bail and cruel and unusual punishment, ensuring that punitive measures remain fair and just. In summary, while many procedural safeguards are enshrined in the Constitution to protect individuals within the legal system, the right to a free attorney in civil contexts is not included, which makes it the correct choice in this context.