Intro to Law midterm study guide

which of the following is not a benefit of working for a small law firm?

*a less formal work environment *the opportunity to gain a variety of work experience in many areas of law *greater flexability

which of the following choices is a way a law firm is typically organized

*a partnership *a professional corporation *a sole propietorship

which of the following is likely to be grounds for employment termination?

12 or more absences for two consecutive years

____ of all paralegals work in law firms

2/3

disputes over which of the following would be likely to qualify for specific performance?

a contract for the purchase of a rare book

which of the following is not a place a paralegal is likely to work?

a farm

an employment manual usually contains:

a firm's policies governing employment

a controversy that is real and substantial, as opposed to hypothetical or academic, is known as:

a justiciable controversy

a CLA is:

a legal assistant who has passed the NALA certification exam

the simplest form of a business, in which one individual owns the business, is entitled to any profits, and is personally liable for all debts or obligations, is known as:

a sole proprietorship

during a performance evaluation it is important to:

adopt a positive outlook and tell your supervisor about a new software program you mastered

an office manage in a small to medium-sized firm is:

an administrative employee who handles client billing procedures and manages the day-to-day operations, makes sure that the office runs smoothly, that sufficient supplies are on hand, and that office procedures are established and followed

which of the following might prevent a prospective attorney from being permitted to practice law?

an illegal act committed by the candidate in the past

a statement by the court setting forth the applicable law and the reasons for its decision in a case is called:

an opinion

a large care inserted in the filing cabinet in the place of a temporarily removed file is called:

an out card

a set fee for a specific legal service, such as $500 for a simple will, is known as a(n):

fixed fee

which of the following is a benefit for a paralegal working in a legal aid office?

helping needy individuals

an efficient filing system:

helps ensure that important documents will not be lost or misplaced and ensures that important documents will be available when needed

according to the text, as a general rule, clients pay ___ and are billed monthly for time spent on the case by the attorney or legal personnel

hourly fees

which of the following should never be used for transmission of confidential information?

internet cafes and wireless networks in airports

backing up data with external hard drives or off-site services:

is an important thing to do

under the doctrine of stare decisis:

judges are obligated to follow the precedents established by their own courts or by higher courts within their jurisdiction

___ is an important legal concept that relates to the authority of a court to hear and decide a case.

jurisdiction

before any court can hear a case, it must have ___ over the person whom the suit is brought or over the property involved in the suit as well as over the subject matter.

jurisdiction

an employee of a large law firm who manages the day-to-day operations of the firm is called a(n):

legal administrator

in addition to legal assistant, a paralegal may be referred to as a(n):

legal technician or legal research specialist

the managing partner in a law firm is the one who:

makes decisions relating to the firm's policies and procedures and who generally oversees the business operations of the firm

professional misconduct or negligence -- the failure to exercise due care -- on the part of a professional, such as an attorney or physician, is called:

malpractice

in diversity of citizenship cases, the amount in controversy must be:

more than $75,000

attorneys ___ both instruct and supervise non-lawyer employees concerning the appropriate ethical conduct and can be held personally responsible for the ethical violations of their subordinates.

must

career planning involves all of the following but:

never deviating from your initial goals

Rhonda Robertson has taken a job with the law office that represents Silicon Valley Computers, Inc., which is suing Computers, Inc., her former employer, in a breach of contract case. will Rhonda lose her job?

no, if walling-off procedures are used

a resume should usually be ____ in length.

one page

as a paralegal you may:

only represent yourself in court if a judge specifically approves it

a(n) ___ is an order, rule, or law enacted by a municipal or county government to govern a local matter unaddressed by state or federal legislation.

ordinance

specific performance is rarely granted in cases involving:

personal services

your professional portfolio should include all of the following but your:

photograph

if you find that a busy supervising attorney puts off conducting your evaluation, you could:

prepare your own performance evaluation and present it to your supervising attorney for review

which of the following is a way to reduce stress problems?

prioritize tasks through consultation with your supervising attorney and ask your supervisor to assign another person to help you

___ means that the method used to enforce the law must be fair; it must be applied the same way to every person.

procedural due process

___ is a business entity in which the shareholders are members of the same profession, purchase the corporation's stock, own the firm, share in the profits and losses of the firm in proportion to the number of shares they own, and have limited personal liability.

professional corporation

financial statements relating to a client's business firm would be:

protected by attorney client privilege

money damages are an example of a:

remedy at law

California was the first state to:

require a paralegal to meet certain minimum educational requirements

___ are books and articles that summarize, synthesize, and explain the primary sources of law.

secondary sources of law

which of the following is the first step you should take when researching a case of first impression?

see if there is an existing law that the judge might should apply to your case

guideline 2 in NALA's Model Standards and Guidelines prohibits a paralegal from:

setting legal fees

one who purchases corporate stock, or shares, and becomes an owner of the corporations is known as a:

shareholder

original client documents:

should never be altered

you destroy old files no longer needed by:

shredding

in a sole proprietorship, the ___ is entitled to any profits made by the firm but is also personally liable for all of the firm's debts or obligations.

sole proprietor

which of the following is a disadvantage of working for a small law firm?

substantial amounts of secretarial or clerical work

employees of a law firm who provide clerical, secretarial, or other support to the legal, paralegal, and administrative staff of a law firm are called:

support personnel

which of the following should you do to be successful in a performance evaluation?

tell your supervisor about a new software program you mastered

which of the following organizations has issued a code of ethics for paralegals?

the ABA

which of the following organizations administers the CLA and the APC exams?

the NALA

which of the following sources of law is often called the nation's highest law?

the U.S. Constitution

which of the following people would have standing to sue in the case of a child being injured by a defective toy?

the child's mother

paralegal Susan arrives at her office at 9:00 AM. every morning on arriving in the office, Susan normally checks her personal calendar for the day's court filing deadlines. today, however, the secretary is out sick and Susan must man the phones and word processor for her. Susan forgets to check her calendar until the end of the day. as a result, she fails to file an important document with the court on behalf of her supervising attorney. which ethical rule has been breached?

the duty of competence

paralegals may discuss law information with:

the group working on the case

for paralegals working in law firms, paralegal compensation generally:

the larger the firm, the higher the compensation

on appeal, the appellant is:

the party asking for review

which of the following is true regarding attorney-client privileges?

the privilege arises the moment a client communicates with an attorney concerning a legal matter and only the client can waive the attorney-client privilege

networking is:

the process of making personal business connections in your field or profession

NALA and NFPA are:

the two leading national paralegal associations

the statute of limitations for first-degree murder is:

there is not statute of limitations for first-degree murder

the purpose of a cover letter is:

to capture the attention of a recruiter

engaging in actions defined by a state legislature as constituting the "practice of law" without the legal authorization to do so describes which of the following?

unauthorized practice of law

never discussing a client's case in a common area (such as a hallway, elevator, cafeteria, or a restaurant) where a conversation might be overheard is a rule of thumb to follow to avoid which of the following?

violating the rule of client confidentiality

being on time is extremely important for a job interview. when preparing for an interview, you should:

*allow enough time so that you arrive at least ten minutes before the interview *be sure you know where the interviewer's office is located and how to get there *find out whether parking is available nearby * allow enough time so that you arrive at least ten minutes before the interview and find out whether parking is available nearby

a paralegal working for a sole practitioner might handle which of the following tasks?

*bookkeeping *receiving and date-stamping mail *interviewing clients and witnesses *conducting investigations

which of the following are paralegals not allowed to do?

*engage in, encourage, or contribute to any act which could constitute the unauthorized practice of law *establish attorney-client relationships *give legal opinions or advice

which of the following is a task for a small law firm's office manager?

*establishing and overseeing filing procedures *ordering and monitoring supplies *docketing legal work undertaken by attorneys

which of the following activities constitutes UPL in most states?

*fee splitting *giving legal opinions or advice *representing clients in court

paralegal compensation is affected by a number of factors including:

*firm size *geographic location *years of work experience *area of practice

problems from stress in the workplace include:

*health problems *mistakes in work *missed deadlines

when deciding cases of first impression, courts may consider which of the following factors?

*legal principles and policies underlying previous court decisions or statutes *fairness *social values and customs *public policy

the duty of competence can be breached by which of the following actions?

*missing filing deadlines with the court *including incorrect information in a legal document *inadequate attorney supervision of paralegals

which of the following is part of professional paralegal behavior?

*objectivity *courtesy under pressure *responsibility and reliablitiy

which of the following can be used for "walling off" an attorney from a case where a conflict of interest exists?

*password protecting files related to the case *sending a memo to all employees that a certain lawyer should not have access to specific files *flagging hard copies of files to indicated that they are restricted

a follow-up letter sent after a job interview should include which of the following items?

*thanks to the interviewer for spending time interviewing you *a reiteration of your availability for the position *reiteration of your interests in the position

which of the following describes the role of most state supreme courts in regulating the legal profession?

*the justices determine the licensing requirements *the justices determine when an attorney's license will be suspended or revoked *the justices issue orders requiring that ethical rules become the law within the state

in a criminal case, the Sixth Amendment to the U.S. Constitution guarantees the accused which of the following rights?

*the right to a speedy and public trial by an impartial jury *the right to counsel *the right to cross-examine witnesses against him *the right to solicit testimony from witnesses in his favor

which of the following is a factor in determining whether a lawyers fee is reasonable?

*time and labor require to perform the legal work *the fee customarily charged in the locality for similar legal services *the experience and ability of the lawyer

which of the following is an example of an equitable maxim?

*whoever seeks equity must do equity *equity requires clean hands *equity will not suffer a right to exist without a remedy *equity values substance over form

on appeal, the party not asking for review is often called the:

appellee

secondary sources of law:

are books and articles that summarize, synthesize, and explain the primary source of law

in contrast to small law firms, large law firms:

are more formal

a conflict of interest:

arises when representing one client injures the interest of another client

to violate a legal duty by an act or a failure to act is called:

breach

with regard to advertising their services to the public, lawyers:

can advertise on TV, billboards, radio, and the Internet, but with some restrictions

which of the following is not a secondary source of law?

case law

developments in technology often outpace the law, resulting in cases for which there is no precedent. such cases are referred to as:

cases of first impression

one who seeks the aid of an equity court must come to the court with ___; that is, the plaintiff must have acted fairly and honest.

clean hands

Mrs. Jones comes to attorney Nelson's office and asks him to represent her in a divorce. before leaving the office, Mrs. Jones tells attorney Nelson that if her husband calls to find out if she is divorcing him, that attorney Nelson is to "go ahead and tell him that she is." this is an example of:

client consenting to disclosure of confidential information

___ powers are those shared by federal government and the states, such as the power to impose taxes or to establish courts.

concurrent

a situation in which two or more duties or interest come into conflict is a definition of which of the following legal ethical rules?

conflict of interest

___ are courts in which the only remedies that could be granted were money, items of value, and land, and which we distinct from courts of equity of the English courts.

courts of law

"equity aids the vigilant, not those who sleep on their rights" is an example of a(n):

equity maxim

the legal consequences of violating legal ethical rules include:

exposure of attorneys and paralegal to legal liability