Intro to Paralegal Studies Final
An example of substantive law is
A law prohibiting employment discrimination
An example of procedural law is
A law requiring that a complaint be filed to begin a lawsuit
The advanced paralegal certification (APC) designation means that
A legal assistant has passed a a test demonstrating competency in a legal specialty
A legal technician or independent paralegal differs from a freelance paralegal in which way?
A legal technician does not work under the supervision of an attorney
What is the professional association responsible for setting educational standards for paralegals?
American Association for Paralegal Education (AAfPE)
Associate attorneys
Are attorneys who are not partners in the firms and thus do not share in the profits
Procedural law is law that
Defines how rights are enforced
Licensing of attorneys is accomplished at what level
Each sate sets licensing requirements for attorneys
The Paralegal Advanced Competency Exam (PACE) can be taken by paralegals who
Have at least two years of work experience and meet specific educational requirements
Which two professional organizations agree on a definition of a paralegal?
National Association of Legal Assistants (NALA) and American Bar Association (ABA)
Once a client's file is closed
You still have an obligation to maintain confidentiality
A certified legal assistant (CLA) is
a legal assistant who has passed the NALA certification exam
The simplest form of business, in which one individual owns the business, is entitled to any profits and is personally liable for all debts or obligations is called
a sole proprietorship
The ABA is
a voluntary national bar association
Marta meets with her attorney, Norm, to incorporate her florist shop. The bill for the attorneys services is 1,500- 3 hrs at $500/hr this is an example of
an hourly fee
A large card inserted into the filing cabinet in the place of a temporarily removed file is called
an out card
missed deadlines are often the cause of
breach of the duty of competence
mixing together a client's funds with the law firm's funds is called ___ is one of the most common ways in which attorneys breach their professional obligation regarding client's funds
commingling
a legal fee that is is a set percentage (such as 33%) of the amount that the plaintiff recovers in a civil lawsuit, and which must only be paid if the plaintiff prevails, is known as a
contingency fee
Today paralegals often work in ____
courts, corporations, insurance companies, government agencies, law offices
Substantive law is law that
creates legal rights and creates legal obligations only
refers to charging an hourly rate to two clients for the same time spent working
double billing
True or False: Paralegal schools are required to get ABA approval
false: Paralegal schools are not required to get ABA approval
A set fee for a specific legal service, such as $500 for a simple will, is known as a
fixed fee
paralegals who own their own businesses and perform specified types of legal services to attorneys on a contract basis are called
freelance paralegals
___ are law students who work for the firm during the summer or part time during the school year to gain practical legal experience
law clerks
The term paralegal is often used interchangeably with the term ____
legal assistant
working a lawsuit through the legal system is called
litigation
Professional misconduct or negligence - the failure to exercise due care - on the part of a professional, such as an attorney is called ___
malpractice
time spent on tasks such as administrative work, staff meetings, or performance reviews is ___ time
nonbillable
A ___ is an association of two or more persons to carry on, as co-owners, a business for profit, where each owner owns a share of the business and is personally liable for the firm's profits or losses
partnership
Many law firms conduct ___ to determine if employees will recieve raises
performance evaluations
Which task are paralegals not allowed to perform?
practice law or give legal advice
Support personnel at a law firm include
secretaries and file clerks
The maximum time period within which specific types of legal actions may be brought to court is set by a ___
statute of limitations
A paralegal may conduct client interviews and maintain contact with clients provided that _____
the client is aware of the status and function of the legal assistant
negligence is a ____ that occurs when a person's carelessness causes harm to another
tort
Generally, paralegal organizations are in favor of
voluntary certification
Staff attorneys work for law firms but
will never become partners
