Legal Transcription

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Flashcards
Shacondala Heffner
Flashcards by Shacondala Heffner, updated more than 1 year ago
Shacondala Heffner
Created by Shacondala Heffner over 4 years ago
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Question Answer
Pro hoc vice A Latin term meaning “for this occasion.” It refers to instances in which a lawyer is allowed to practice law outside his or her jurisdiction.
Administrative law refers 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
How to Prepare a Pro Hoc Vice Motion These 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.
Job Share The practice of allowing two different people to fill one employment position.
Three different practice areas (or subareas) of the law Any 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
Would an accounting firm likely employ a legal transcriptionist? Not likely
Family law/Securities law is more likely to require the skills of a legal transcriptionist. Answer: Family law
Name two positions that you might find in which legal transcription is just one component of the position. Legal secretary and paralegal
The police department in a given locality is an example of? administrative agency
Junior-level attorneys in a law firm are called? Associates
Most lawyers come from wealthy, private-school backgrounds and went to Ivy League colleges. TRUE OR FALSE? False
As a legal transcriptionist you are least like to create which document? Proxy statement
Give 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.
Laws may be called? Codes, regulations, statutes, local ordinances, or precedents.
Three 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.
Legislative Branch On the federal level, the legislative branch is made up of the two houses of Congress, the House of Representatives and the Senate.
The House of Representatives Is 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.
Pork 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.
U.S. Senate The 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.
Statutes The 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).
Executive Branch The 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.
Agencies 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.
Regulations Laws created by administrative agencies.
The 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).
Judicial Branch The 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.
Using precedent The practice of relying on previously decided court cases to make one’s argument. (as in “Is there any precedent for this decision?”)
The federal court system Is 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.
The House of Representatives is part of the _______ branch of government. Legislative
True or False? Pork barreling refers to the drafting of laws by administrative agencies. False
Name the two U.S. senators who represent your state. Illinois: Roland Burris, Richard Durbin
The President of the United States belongs to the _______ branch. Executive
List 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.
The _______ is the supreme law of the nation. U.S. Constitution
_______ is the practice of applying previously decided court decisions to make your argument in court. Precedent
Which of the following are names for laws? Case laws , Ordinances, & Codes
The ultimate arbiter on decisions of law, both criminal and civil, is the? U.S. Supreme Court.
True or False? Not all contracting positions are freelance by definition. True
The majority of jobs in legal transcription are found in? administrative agencies
The occupation expected to grow the most between 2006 and 2016 is _______. paralegal
True 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
As a legal transcriptionist, your direct supervisor may be? a police officer, a judge, & a paralegal
True or False? Legal secretaries are sometimes responsible for preparing attorneys’ bills. True
Court reporters are expected to type on a special machine called a(n) _______. stenotype machine
What percentage of court reporters were self-employed as of 2006? Eight percent
The professional court reporters association is called the _______. National Court Reporters Association, or NCRA
The best way to find a position that suits you is to look at the job _______. Duties
True or False? Court reporters can attend any school they wish to become certified court reporters. False
Some states have begun to regulate requirements for the position of _______. Paralegal
An occupation similar to legal transcriptionist that requires specialized courses to learn such terms as osteoporosis is the _______. medical transcription
True or False? Taking a typing course is completely unnecessary once you’ve completed this course. False
Of 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
True or False? It’s important for everyone in the legal field to be exposed to continuing legal education. True
Notary public One 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.
Law Firms New 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.
Corporations At 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.
General counsel The 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.
Administrative Agencies The 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.
If you work at a transcription service such as Accentance, you’re in a(n) _______ position. telecommuting
If you’re self-employed, what are two different ways that you may bill your clients? Hourly rate and per-line rate
Write 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.
True or False? Law firms encourage uniformity. False
Name the two general types of lawyers found at a law firm. Partners and associates
The head of the legal department at a corporation is called the? general counsel
A transcriptionist position in a(n) _______ is unlikely to include overtime. corporation
Who is the biggest employer of legal transcriptionists? Administrative agencies
True or False? Most employees at administrative agencies report to attorneys. False
The Wildlife Damage Management Service is an example of an agency in _______. Texas
PERSONAL CHARACTERISTICS NEEDED FOR PROFESSIONAL TRANSCRIPTIONISTS Close 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
True or False? Attorneys expect their employees to proof documents as assiduously as they, the attorneys, proof documents themselves. True
What is not an important quality in a legal transcriber? Proficiency with numbers
A common deadline for a transcription assignment might be? 24 hours
True or False? Clients of a law firm are normally very accommodating. False
Describe an easy way to become more comfortable with correct spelling and proper grammar. Read good books regularly.
True or False? Most attorneys aren’t the most tolerant teachers. True
Describe one method of asking for an attorney’s assistance. Describe the situation and present the attorney with two possible solutions to choose from.
As a transcriptionist, the software that you’ll work with most is? Microsoft Word
What 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.
If you work in a law firm, you’re likely to work in the _______ department. litigation
Name a Word formatting technique usually used on deposition transcripts. Line numbering
Proofreading a document once you’ve typed it up is? an absolute necessity every time
If something in a dictation is grammatically incorrect, what should you do? Use correct grammar in the transcribed dictation.
Why is it helpful to purchase a secretarial handbook? To learn correct editing marks for when you proof your own documents
What do you call the hard copy of the document that includes your edits? Markup
The minimum number of times you should proof your document is _______.
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