Pregunta 1
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The federal court system consists of the following: trial courts (primarily the U.S. district courts, but also various specialized courts), appellate courts (U.S. courts of appeals), and one Supreme Court.
Pregunta 2
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Original jurisdiction: (Check all that apply)
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means the power to hear and determine the case first
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given to the Supreme Court
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District courts have original jurisdiction.
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Trial courts do not have original jurisdiction.
Pregunta 3
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What are some of the things that take place at a trial? (Check all that apply)
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parties resolve their disputes
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the parties present evidence supporting their position
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judge rules on all legal issues that arise during the trial.
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recorded statements of experts are taken in preparation of litigation
Pregunta 4
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A judge always makes the decisions in a trial.
Pregunta 5
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What are the two steps involved in resolving a dispute in a trial court? Check two.
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The court must determine the facts of the dispute.
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The court must issue punishment.
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The court must apply the appropriate law to the facts.
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The court must seek outside analysis from an expert witness on its own.
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The court picks the attorney who is the most ethical when determining how to resolve the dispute.
Pregunta 6
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Who can be a trier of fact in a trial court? (Check all that apply)
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The plaintiff
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The judge
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The defendent
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The public
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The jury
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The attorneys
Pregunta 7
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In criminal cases, federal jurisdiction exists when the crime is a violation of federal law.
Pregunta 8
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In civil cases, federal jurisdiction only occurs when the dispute revolves around the U.S. Constitution.
Pregunta 9
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Diversity of citizenship (check all that apply): A basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000.
Respuesta
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is a basis for federal court jurisdiction.
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is against the law
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occurrs when the plaintiff and defendant are residents of different states
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requires that the amount in controversy exceed $75,000
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requires citizenship to live in the U.S.
Pregunta 10
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Thirteen federal jurisdictions make up the intermediate appellate level of the federal court system and the United States is divided into twelve separate geographical appellate areas, called circuits.
Pregunta 11
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Any court can hear appeals in patent, copyright, and trademark cases, as well as all appeals from the U.S. Claims Court and the U.S. Court of International Trade.
Pregunta 12
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En banc relates to a case that involves a financial institution.
Pregunta 13
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Check all of the answers that apply to the appellate process!
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The appellate court is the first to hear a case.
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An appellate court is a court of review.
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The purpose of appellate review is to guarantee that parties receive a fair trial.
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The appellate judges review the case to see if they agree with the outcome at the trial court.
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The appellate judges review what happened at the trial court to make sure that the trial was fair.
Pregunta 14
Pregunta
When there is an appeal, what needs to be prepared? (Check all that apply)
Pregunta 15
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In exercising its appellate jurisdiction, the court examines the record to determine whether any substantial legal errors were committed that denied the appealing party (the appellant) a fair trial. What are some examples of legal errors?
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erroneously admitted or excluded evidence
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unfavorable testimony to either side
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improper jury instructions
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friendship between attorneys on both sides
Pregunta 16
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In reviewing a case, the appellate court can affirm or uphold the trial court’s decision and it can reverse, or change, the trial court’s decision. It can also reverse and remand.
Pregunta 17
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The Supreme Court has 7 justices and two alternates, in addition to a Chief Justice.
Pregunta 18
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The Supreme Court can hear any kind of case--even those that relate to state law only.
Pregunta 19
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Parties desiring a hearing before the Supreme Court usually file a document known as :
Pregunta 20
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Technology of any kind is not permitted in any courtroom.
Pregunta 21
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The U.S. Supreme Court is the highest court in the nation and any decision it makes is final.
Pregunta 22
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State court systems are set up differently than the federal court system.
Pregunta 23
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Trial courts are referred to in some states as: (Check all that apply)
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superior courts
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municipal courts
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lower court
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circuit court
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kangaroo court
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city court
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surrogate court
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supreme court
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magistrate court
Pregunta 24
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Federal court judges are elected by the people.
Pregunta 25
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Magistrates are appointed by the judges of the district court and must possess the qualifications to serve as a judge.
Pregunta 26
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State court judges are installed in the same way as federal court judges.
Pregunta 27
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Court personnel include: (Check all that apply)
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Court clerk
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plaintiff
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court reporter
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bailiff
Pregunta 28
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What are the requirements for becoming a licensed attorney? (Check all that apply)
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Must pass a state bar examination
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Must pay $10,000 to the court
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Must be licensed in the state in which they wish to practice law
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Must have completed a four-year bachelor’s degree program followed by a three-year law school program.
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All states now require licensed attorneys to regularly complete a certain number of hours of continuing education in order to maintain their license to practice law.
Pregunta 29
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An attorney can work in
Pregunta 30
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Paralegals can give legal advice.
Pregunta 31
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A hearing before an administrative agency regarding a dispute between an individual and the agency is called an administrative hearing.
Pregunta 32
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What are some common professional organizations for the various members of the legal community?
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American Bar Association
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State Bar associations
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Local Bar associations
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American Trial Lawyers Association
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National Association of Legal Assistants (NALA)
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National Federation of Paralegal Associations (NFPA)
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all of the above
Pregunta 33
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The conduct of a judge is not regulated.
Pregunta 34
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What kind of relationship exists between client and attorney?
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fiduciary
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moral
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exclusive
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friendship
Pregunta 35
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What are some possible ethics sanctions for an attorney who fails to adhere to their state code of ethics? (Check all that apply)
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Disbarment
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Jail time
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reprimand
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suspension
Pregunta 36
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A paralegal does not have to abide by the rules of ethics because they are not licensed by the state.
Pregunta 37
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Lawyers have the discretion as to what client information they wish to keep confidential.
Pregunta 38
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Competency requires that attorneys have the requisite legal knowledge to handle a case.
Pregunta 39
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A conflict of interest occurs when the attorney cannot give all of his or her loyalty to the client because of some personal or financial relationship that exists.
Pregunta 40
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An attorney can set up his/her bank accounts in any way they wish.
Pregunta 41
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What are some tasks that would constitute the unauthorized practice of law if performed by a paralegal? (Check all that apply)