Intro to Paralegal Midterm Review

Questão	Responda
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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Intro to Paralegal Midterm Review

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	Criado por Mark Garland aproximadamente 8 anos atrás