Flashcards
Legal Transcription
Cards in this deck (84)
- 1Pro hoc viceA Latin term
meaning “for this
occasion.” It refers
to instances in
which a lawyer is
allowed to practice
law outside his or
her jurisdiction. - 2Administrative lawrefers to the administrative
agencies of the state, federal, and local governments. On
the state level, this includes agencies such as the DMV. On
a federal level, examples include the Department of Labor,
Bureau of Labor Statistics (BLS), and the Pentagon, to name
a few. A common local government example of an administrative
agency is the town police department - 3How to Prepare a Pro Hoc Vice MotionThese duties would be
supplemented by other paralegal duties, such as interviewing
witnesses, preparing case books, and drafting and filing forms
with the court.
This includes completing a bankruptcy form, or draft and file court forms combining
both written and dictated information. - 4Job ShareThe practice of allowing two different people to fill one employment position.
- 5Three different practice areas (or subareas) of the lawAny three of the following: corporate, real estate, probate
(trusts and estates), criminal litigation, civil litigation,
intellectual property, bankruptcy, family law, personal
injury, administrative law, employment law, contracts,
mergers and acquisitions, securities, broker-dealing - 6Would an accounting firm likely employ a legal transcriptionist?Not likely
- 7Family law/Securities law is more likely to require the skills of a legal transcriptionist.Answer: Family law
- 8Name two positions that you might find in which legal transcription is just one component of the position.Legal secretary and paralegal
- 9The police department in a given locality is an example of?administrative agency
- 10Junior-level attorneys in a law firm are called?Associates
- 11Most lawyers come from wealthy, private-school backgrounds and went to Ivy League colleges. TRUE OR FALSE?False
- 12As a legal transcriptionist you are least like to create which document?Proxy statement
- 13Give two examples of administrative agencies at the state level.This could be any one of many, but the most common
answers would be DMV, state police, secretary of state,
state attorney general, and office of the governor. - 14Laws may be called?Codes, regulations, statutes,
local ordinances, or precedents. - 15Three branches of government(1) the legislative branch, (2) the executive
branch, and (3) the judicial branch. Each of these branches
operates on at least a federal (or national) level and a state
level. At each level, these branches produce separate and
distinct laws. - 16Legislative BranchOn the federal level, the legislative branch is made up of the
two houses of Congress, the House of Representatives and
the Senate. - 17The House of RepresentativesIs made
of elected officials who serve two-year terms, and the number
of representatives per state is determined by a state’s population. The House is primarily dedicated to legislation of a
local nature: this is primarily where the notorious practice
of pork barreling occurs. - 18Pork barreling example:Representative Jones writes a bill for $10 million to
repair a bridge in Cleveland, Ohio, but he can’t get enough
legislative support to pass it. Representative Smith writes a
bill for $7 million to pay for a “rides for senior citizens” program
in Baltimore, Maryland, but she can’t get enough legislative support to pass her bill, either. Representatives
Jones and Smith agree to roll their “pork” into one bill,
because between the two original bills, they have enough
support to pass the combined one. - 19U.S. SenateThe Senate was created for the purpose of putting
together legislation that pertains to the nation as a whole, as
opposed to the local matters the House is focused on. Only
two senators are elected from each state, and they’re voted in
for terms of six years each. The reasoning behind the longer
term is so that, ostensibly, a senator can spend the majority
of his or her time in session contemplating legislation and
serving the country, instead of campaigning for his or her
next term. - 20StatutesThe Senate and the House of Representatives separately create
and vote on legislation, which then becomes codified into
law in the form of statutes. A similar process takes place in
every state of the union, with the exception of Nebraska, which
has only one state legislative body. The laws created and codified
by each state’s legislative body have names that vary by
state. For example, in Connecticut, they’re referred to as the
Connecticut General Statutes (or CGS for short). - 21Executive BranchThe executive branch gets its name from the fact that it’s
headed by the chief executive of the nation, more commonly
referred to as the President of the United States. - 22Agencies included in the executive branch.The BLS and the Department of Defense (DOD)
to the Secretary of State (SOS) and the Securities and Exchange
Commission (SEC) and literally hundreds of others.
Each of these agencies employs hundreds—
in many cases, thousands—of employees, and the
agencies produce their own laws particular to the area of
commerce or society that they regulate. For instance, the
SEC produces laws regarding how publicly traded companies
register their financial information—how often registrations
must be made, what information must be included, and
so on.
On a statewide level, the governor is the chief executive, or
the head of the executive branch of the government. - 23RegulationsLaws created by administrative agencies.
- 24The secretary of state (or department of state).This agency
regulates the incorporating of new businesses in that state
and all transactions regarding them (including amending the
bylaws, changing the number of issued shares, and so on). - 25Judicial BranchThe judicial branch is most traditionally associated with the
legal system. This branch is comprised of courts and case
law on both a state and federal level.
The U.S. Constitution is the supreme law of the land. In cases argued
in both state and federal courts, attorneys apply statutory
law where relevant to present their cases, but they also rely
on constitutional law and relevant case law to support their
arguments in court. - 26Using precedentThe practice of relying on previously
decided court cases to make one’s argument. (as in “Is there any precedent for this decision?”) - 27The federal court systemIs made up of district courts, which
ascend to appeals courts and eventually to the U.S. Supreme
Court, which is an appeals court only and the final arbiter on
all matters, judicial and otherwise. The state courts
differ in design, but generally they consist of a lower court
(sometimes called the superior court or the municipal court),
specialized courts (such as family court and probate court),
appellate courts, and state supreme courts. - 28The House of Representatives is part of the _______ branch of government.Legislative
- 29True or False? Pork barreling refers to the drafting of laws by administrative agencies.False
- 30Name the two U.S. senators who represent your state.Illinois: Roland Burris, Richard Durbin
- 31The President of the United States belongs to the _______ branch.Executive
- 32List three federal agencies under the President. Hint: Go to http://www.whitehouse.gov/ and click on the tab for The Administration; then click on The Cabinet.Choices could include Department of State, Department
of the Interior, Department of the Treasury, Department
of Defense, Department of Commerce, Department of Labor,
Department of Health and Human Service, Department of
Housing and Urban Development, Department of Education, and Department of Homeland Security. - 33The _______ is the supreme law of the nation.U.S. Constitution
- 34_______ is the practice of applying previously decided court decisions to make your argument in court.Precedent
- 35Which of the following are names for laws?Case laws , Ordinances,
& Codes - 36The ultimate arbiter on decisions of law, both criminal and civil, is the?U.S. Supreme Court.
- 37True or False? Not all contracting positions are freelance by definition.True
- 38The majority of jobs in legal transcription are found in?administrative agencies
- 39The occupation expected to grow the most between 2006 and 2016 is _______.paralegal
- 40True or False? The positions of legal secretary, paralegal, and legal transcriptionist are very clear cut and don’t overlap in terms of job responsibilities.False
- 41As a legal transcriptionist, your direct supervisor may be?a police officer, a judge,
& a paralegal - 42True or False? Legal secretaries are sometimes responsible for preparing attorneys’ bills.True
- 43Court reporters are expected to type on a special machine called a(n) _______.stenotype machine
- 44What percentage of court reporters were self-employed as of 2006?Eight percent
- 45The professional court reporters association is called the _______.National Court Reporters Association, or NCRA
- 46The best way to find a position that suits you is to look at the job _______.Duties
- 47True or False? Court reporters can attend any school they wish to become certified court reporters.False
- 48Some states have begun to regulate requirements for the position of _______.Paralegal
- 49An occupation similar to legal transcriptionist that requires specialized courses to learn such terms as osteoporosis is the _______.medical transcription
- 50True or False? Taking a typing course is completely unnecessary once you’ve completed this course.False
- 51Of legal secretaries, legal transcriptionists, attorneys, paralegals, and court reporters, which two areas require a license or certification at this time to practice?Attorney and court reporter
- 52True or False? It’s important for everyone in the legal field to be exposed to continuing legal education.True
- 53Notary publicOne certification that may be helpful for a legal transcriptionist
to obtain.
The job of a notary public
is to attest to the validity of signatures on official documents.
You can easily become a notary public by taking a short quiz
from the secretary of state in the state you either live or work
in. - 54Law FirmsNew attorneys are called
associates, and within the attorney vernacular, they’re categorized
as “first-years,” “second-years,” and so on.
Between the fifth and tenth year, associates hope to have
worked the requisite hours and pleased important clients sufficiently
to be offered a partnership at the firm. This means
that they’ll own a percentage of the firm and receive profit
dividends as payment.
Regardless of position, your
importance and security in a law firm is directly related to
two things: (1) having the right connections and (2) making
your work indispensable to the firm. - 55CorporationsAt a
corporation, there’s only one style: the company’s style. This
makes life less difficult or more boring, depending upon your
taste. You’re also less likely to deviate from a standard nine-to five
schedule at a corporation. - 56General counselThe legal department is headed by
the general counsel—the lead supervising attorney to whom
all other legal personnel report. The general counsel usually
reports directly to the chief executive officer. - 57Administrative AgenciesThe biggest category of employers of legal transcriptionists
today is administrative agencies.
If you work in an administrative agency, you’re less likely to
be surrounded by attorneys and other legal professionals.
Instead, you’ll be surrounded by mid- to upper-level civil
servants in some cases (such as at the DMV) and specialists
in others (such as at the Department of Education, which
is predominantly made up of former educators).
If you work in an agency, the pay may not be as high as at
a law firm or corporation, but the positions are likely to be
more stable. In addition, it’s easier to work your way up the
pay scale at a DMV or other civilian-run agency than in an
environment that’s dominated by and run by lawyers. - 58If you work at a transcription service such as Accentance, you’re in a(n) _______ position.telecommuting
- 59If you’re self-employed, what are two different ways that you may bill your clients?Hourly rate and per-line rate
- 60Write down three of the agencies that your hometown government has.Answers will vary, but common answers include office of
the mayor, police department, Board of Education, and
Department of Public Works. - 61True or False? Law firms encourage uniformity.False
- 62Name the two general types of lawyers found at a law firm.Partners and associates
- 63The head of the legal department at a corporation is called the?general counsel
- 64A transcriptionist position in a(n) _______ is unlikely to include overtime.corporation
- 65Who is the biggest employer of legal transcriptionists?Administrative agencies
- 66True or False? Most employees at administrative agencies report to attorneys.False
- 67The Wildlife Damage Management Service is an example of an agency in _______.Texas
- 68PERSONAL CHARACTERISTICS NEEDED FOR PROFESSIONAL TRANSCRIPTIONISTSClose Attention to Detail
Ability to Meet Deadlines
Strong Spelling and Grammar Skills
Ability to Quickly Pick Up New Skills
Computer and Typing Skills
Freelance Skills - 69True or False? Attorneys expect their employees to proof documents as assiduously as they, the attorneys, proof documents themselves.True
- 70What is not an important quality in a legal transcriber?Proficiency with numbers
- 71A common deadline for a transcription assignment might be?24 hours
- 72True or False? Clients of a law firm are normally very accommodating.False
- 73Describe an easy way to become more comfortable with correct spelling and proper grammar.Read good books regularly.
- 74True or False? Most attorneys aren’t the most tolerant teachers.True
- 75Describe one method of asking for an attorney’s assistance.Describe the situation and present the attorney with two
possible solutions to choose from. - 76As a transcriptionist, the software that you’ll work with most is?Microsoft Word
- 77What two additional skills do you need if you wish to work as a freelance legal transcriptionist?Two of the following: the ability to market yourself, light
accounting, business sense, the confidence to be an
entrepreneur. - 78If you work in a law firm, you’re likely to work in the _______ department.litigation
- 79Name a Word formatting technique usually used on deposition transcripts.Line numbering
- 80Proofreading a document once you’ve typed it up is?an absolute necessity every time
- 81If something in a dictation is grammatically incorrect, what should you do?Use correct grammar in the transcribed dictation.
- 82Why is it helpful to purchase a secretarial handbook?To learn correct editing marks for when you proof your
own documents - 83What do you call the hard copy of the document that includes your edits?Markup
- 84The minimum number of times you should proof your document is _______.