Karteikarten
Intro to Paralegal Midterm Review
Karten in diesem Stapel (50)
- 1T/F: In TN, paralegals must be licensed by the state.False. While some states license paralegals, TN does not.
- 2T/F: If they are certified, paralegals can engage in the practice of law.False
- 3T/F: To be a paralegal, you must obtain an associate's degree.False.
- 4Name 3 places a paralegal might work.Law firms
Government
Business - 5Name 4 skills needed by paralegals.Analytical
Communication
(interpersonal, speaking, reading, writing)
Computer
Organizational - 6Name one benefit of working for a small firm.flexibility, informal work environment, variety of legal work
- 7Name one downside to working for a small firmLower pay, less benefits, unclear procedures
- 8Name one benefit to working for a large firmbetter pay and benefits, ability to specialize, room for advancement
- 9Name one downside to working for a large firmlong hours, increased stress, very formal work environment
- 10Name one disadvantage of a law practice that is a sole proprietorshipUnlimited personal liability
(this does not extend to the paralegal) - 11It 2 or more attorneys carry on a law practice for profit, they have a ________Partnership
- 12List 3 common types of attorney feesfixed fee
hourly fee
contingency fee - 13A ________ agreement sets out the fees and scope of representation.fee agreement
- 14Funds held for a client or funds that the attorney has not yet earned should be deposited to the firm's ________ account.trust account
- 15Which type of billing is not permitted? Double Billing Hourly Billing Monthly Billing Value BillingDouble Billing
- 16The _______ created the Model Rules of Professional Conduct.American Bar Association (ABA)
- 17List 3 punishments an attorney might receive for violating ethics rules.reprimand
suspension
disbarment
Jail time? - 18T/F: Attorneys cannot be held liable for misconduct by their paralegals.False - especially if the attorney failed to supervise the paralegal
- 19T/F: The attorney-client privilege ends when the attorney stops representing that client.False
- 20Give an example of attorney work product.Notes prepared for trial
Lists of questions to be asked at trial
Office memo re: the theory of a case - 21T/F: Paralegals can represent clients before state and federal agencies, but not in court.True
- 22John wants attorney Joe to represent him in a suit against Sue, one of attorney Joe's former clients. This might create a _______ of _________.Conflict of Interest
- 23Attorney Joe was subpoenaed by John to testify against Sue, his former client. He should assert _____________ to avoid having to testify.Attorney-Client Privilege
- 24Name 2 types of equitable remedies.1. injunction
2. specific performance - 25List the 3 branches of governmentExecutive
Legislative
Judicial - 26Snoopy was injured when his car was hit by Linus's truck. Lucy wants to sue Linus for the crash but cannot because she lacks _______________.Standing
- 27A court must have both __________ and ________ __________ jurisdiction in order to hear and decide a case.Personal and subject matter jurisdiction
- 28Name the 2 main fee-based online legal research programs.Westlaw & Lexis Nexis
- 29At the federal level, trial courts are called _________ courts.district
- 30Name the 3 main types of ADR.Negotiation
Mediation
Arbitration - 31What does IRAC stand for?Issue
Rule
Analysis
Conclusion - 32Give an example of a primary source of law.Statute
Case Law
Constitution
Administrative Regulation - 33Give an example of a secondary source of law.Legal Encyclopedia
Treatise
Law Review Article - 34What is the reporter for federal circuit courts of appeal?The Federal Reporter
- 35What is the reporter for federal district courts?The Federal Supplement
- 36True/False: Attorney Joe's client just told him that he is going to murder Ms. Jones. Attorney Joe may report this to police without breaching attorney/client privilege.True
- 37Name the 2 requirements for federal diversity jurisdiction.1. Citizens from different states.
2. More than $75,000 at issue. - 38Bankruptcy court is an example of a court with: A. General Jurisdiction B. Subject Matter Jurisdiction C. Limited Jurisdiction D. Personal JurisdictionC. Limited Jurisdiction
- 39A decision of the TN Supreme Court is what type of authority for lower TN courts? A. Persuasive B. Mandatory C. Primary D. Both B. & C.D. Both B. & C.
- 40True/False: The TN Rules of Civil Procedure are an example of substantive law.False
- 41A compilation of brief summaries of court decisions organized by subject and jurisdiction.Case Digest
- 42A number system that helps you find cases on a particular topic.The Key Number System
- 43A note at the beginning of a case that summarizes the court's ruling on an issue.Headnote
- 44If a case has facts and issues similar to the case being researched, it is said to be __ _____.on point
- 45The regional reporter in which TN court decisions are found is the:Southwestern Reporter
- 46The TN Statutes are called:TN Code Annotated
- 47A letter that contains legal advice and should not be signed by the paralegal is a:Opinion Letter
- 48Who prosecutes TN attorneys for ethical violations?TN Board of Professional Responsibility
- 49What are the 5 parts of a case law citation?1. case name
2. volume
3. name of reporter
4. page number
5. year case was decided - 50True/False: The best way to find paralegal job openings is by networking.True
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- Law Karteikarten am Intro to Paralegal Midterm Review, erstellt von Mark Garland am 30/09/2016.
- Erstellt von
- Mark Garland
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