6519947
Description
Flashcards by Mark Garland, updated more than 1 year ago
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Created by Mark Garland
about 9 years ago
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| Question | Answer |
| T/F: In TN, paralegals must be licensed by the state. | False. While some states license paralegals, TN does not. |
| T/F: If they are certified, paralegals can engage in the practice of law. | False |
| T/F: To be a paralegal, you must obtain an associate's degree. | False. |
| Name 3 places a paralegal might work. | Law firms Government Business |
| Name 4 skills needed by paralegals. | Analytical Communication (interpersonal, speaking, reading, writing) Computer Organizational |
| Name one benefit of working for a small firm. | flexibility, informal work environment, variety of legal work |
| Name one downside to working for a small firm | Lower pay, less benefits, unclear procedures |
| Name one benefit to working for a large firm | better pay and benefits, ability to specialize, room for advancement |
| Name one downside to working for a large firm | long hours, increased stress, very formal work environment |
| Name one disadvantage of a law practice that is a sole proprietorship | Unlimited personal liability (this does not extend to the paralegal) |
| It 2 or more attorneys carry on a law practice for profit, they have a ________ | Partnership |
| List 3 common types of attorney fees | fixed fee hourly fee contingency fee |
| A ________ agreement sets out the fees and scope of representation. | fee agreement |
| Funds held for a client or funds that the attorney has not yet earned should be deposited to the firm's ________ account. | trust account |
| Which type of billing is not permitted? Double Billing Hourly Billing Monthly Billing Value Billing | Double Billing |
| The _______ created the Model Rules of Professional Conduct. | American Bar Association (ABA) |
| List 3 punishments an attorney might receive for violating ethics rules. | reprimand suspension disbarment Jail time? |
| T/F: Attorneys cannot be held liable for misconduct by their paralegals. | False - especially if the attorney failed to supervise the paralegal |
| T/F: The attorney-client privilege ends when the attorney stops representing that client. | False |
| Give 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 |
| T/F: Paralegals can represent clients before state and federal agencies, but not in court. | True |
| John 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 |
| Attorney Joe was subpoenaed by John to testify against Sue, his former client. He should assert _____________ to avoid having to testify. | Attorney-Client Privilege |
| Name 2 types of equitable remedies. | 1. injunction 2. specific performance |
| List the 3 branches of government | Executive Legislative Judicial |
| Snoopy 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 |
| A court must have both __________ and ________ __________ jurisdiction in order to hear and decide a case. | Personal and subject matter jurisdiction |
| Name the 2 main fee-based online legal research programs. | Westlaw & Lexis Nexis |
| At the federal level, trial courts are called _________ courts. | district |
| Name the 3 main types of ADR. | Negotiation Mediation Arbitration |
| What does IRAC stand for? | Issue Rule Analysis Conclusion |
| Give an example of a primary source of law. | Statute Case Law Constitution Administrative Regulation |
| Give an example of a secondary source of law. | Legal Encyclopedia Treatise Law Review Article |
| What is the reporter for federal circuit courts of appeal? | The Federal Reporter |
| What is the reporter for federal district courts? | The Federal Supplement |
| True/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 |
| Name the 2 requirements for federal diversity jurisdiction. | 1. Citizens from different states. 2. More than $75,000 at issue. |
| Bankruptcy court is an example of a court with: A. General Jurisdiction B. Subject Matter Jurisdiction C. Limited Jurisdiction D. Personal Jurisdiction | C. Limited Jurisdiction |
| A 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. |
| True/False: The TN Rules of Civil Procedure are an example of substantive law. | False |
| A compilation of brief summaries of court decisions organized by subject and jurisdiction. | Case Digest |
| A number system that helps you find cases on a particular topic. | The Key Number System |
| A note at the beginning of a case that summarizes the court's ruling on an issue. | Headnote |
| If a case has facts and issues similar to the case being researched, it is said to be __ _____. | on point |
| The regional reporter in which TN court decisions are found is the: | Southwestern Reporter |
| The TN Statutes are called: | TN Code Annotated |
| A letter that contains legal advice and should not be signed by the paralegal is a: | Opinion Letter |
| Who prosecutes TN attorneys for ethical violations? | TN Board of Professional Responsibility |
| What 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 |
| True/False: The best way to find paralegal job openings is by networking. | True |
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