Mid Term

A position working for the Environmental Protection Agency is an example of a paralegal job with:

A government agency

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 test demonstrating competence in a legal specialty

A certified legal assistant (CLA) is:

A legal assistant who has passed the NALA certification exam

A legal technician or independent paralegal differs from a freelance paralegal in which of the following ways?

A legal technician does not work under the supervision of an attorney

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

ABA is:

A voluntary national bar association

Attorney Chapman assigns paralegal Hughes a complex brief, tells her to research the law, prepare the brief, proofread it, and then sign attorney Chapman's name to the brief and submit it to the court. Attorney Chapman will not be available to review or sign the brief, because she is going on a business trip and will not return before the deadline for filing the brief. Attorney Chapman has violated the ethical rule regarding:

Adequate supervision of a nonlawyer assistant

Linda and Karen, both paralegals for the same attorney in a small general practice office, are riding home from work together on the bus. During their ride, they discuss a client who was in the office that day seeking to file for divorce. The client, who works in their building, is someone whom they have known for a long time, and they are shocked. What they don't know is that the client's wife is sitting in the seat behind them. The client's wife learns of the divorce and successfully hides $200,000 from a bank account so that it cannot be located and divided up as part of the property settlement. Once the divorce is final, the client says to his wife, "You must have known that I was planning to divorce you or you wouldn't have been able to hide that money." Without admitting that she hid the money, the client's wife says, "If you're so upset about losing the $200,000, why don't you sue your attorney and those two big mouths who work for him and ride my bus?" Which of the following actions can the client take?

All of these choices are correct

Poor communication can:

All of these choices are correct

Which of the following is a professional association responsible for setting educational standards for paralegals?

American Association for Paralegal Education (AAfPE)

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

An out card

Associate attorneys:

Are attorneys who are not partners in the firm and thus do not share in the profits

In contrast to small law firms, large law firms:

Are more formal

A conflict of interest:

Arises when representing one client injures the interests of another client

____ allows debtors to obtain relief from their debts.

Bankruptcy law

Missed deadlines are often the cause of:

Breach of the duty of competence

The latest information technology trend in which files and programs are stored online so they are accessible from any computer, smartphone, or tablet connected to the Internet is called:

Cloud-based computing

Mixing together a client's funds with the law firm's funds, called ____, is one of the most common ways in which attorneys breach their professional obligations regarding client funds.

Commingling

Paralegal Sam carelessly performs legal research by failing to update a court's decision to find out if the state court of appeals or state supreme court reversed the decision that he found. This is an example of a breach of which of the following ethical rules?

Competence

An associate's degree signifies:

Completion of a two-year program, usually at a community college

If the ____ rule is violated, information that otherwise might have been protected by the attorney-client privilege can be used in court, which may be harmful to the client's interests.

Confidentiality

Thomas Timmons, a paralegal, brings a witness into his office for an interview. Thomas leaves a deposition summary and several letters from another client's file on his desk. The witness reads the deposition summary and the letters while Thomas takes a telephone call during the interview. Thomas has violated the ethical rule regarding:

Confidentiality

A legal fee that is a set percentage (such as 33 percent) 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(n) ____.

Contingency fee

Substantive law is law that:

Creates legal rights and creates legal obligations only

Procedural law is law that:

Defines how rights are enforced

Attorney Haynesworth spends three hours in the county circuit court waiting to argue a motion for client Adams. While he waits, he reads several cases for a brief that he is preparing for client Johnson and talks to another judge's clerk about Johnson's case. If attorney Haynesworth bills client Adams for three hours and client Johnson for three hours (a total of six billable hours), attorney Haynesworth has engaged in which of the following?

Double billing

Which of the following are tasks that paralegals may perform?

Draft legal documents, conduct legal research, conduct legal investigations and interview witnesses and clients

Licensing of attorneys is accomplished at what level?

Each state sets licensing requirements for attorneys

States have educational and licensing requirements for lawyers to:

Ensure that anyone practicing law is competent to do so

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

Fixed fee

Paralegals who own their own businesses and perform specified types of legal work for attorneys on a contract basis are called:

Freelance paralegals

Which of the following must a paralegal be careful not to do?

Give legal advice

Public prosecutors are:

Government officials paid by the government

Today paralegals often work in ____.

Govt agencies, corporations, courts and insurance companies

The advantages of a large law firm include:

Greater opportunities for promotions and advancement and better salaries and benefits

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

Marta Greiner meets with her attorney, Norm Abrams, to incorporate her florist shop. The bill for the attorney's services is $1,500—three hours at $500 per hour. This is an example of which of the following types of legal fees?

Hourly fee

Paralegals who work for corporations usually work under the direct supervision of:

In-house attorneys

For paralegals working in law firms, paralegal compensation generally:

Increases by the number of attorneys

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

Internet cafés and wireless networks in airports

Paralegals cannot become partners in a law partnership because:

It would be a violation of the rule against fee splitting

______ 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

A paralegal is employed by a ____.

Lawyer

The term paralegal is often used interchangeably with the term ____.

Legal assistant

Working a lawsuit through the court system is called ____.

Litigation

Professional misconduct or negligence—the failure to exercise due care—on the part of a professional, such as an attorney or a physician, is called ____.

Malpractice

Which of the following professional organizations agree on a definition of a paralegal?

National Association of Legal Assistants (NALA) and American Bar Association (ABA)

Time spent on tasks such as administrative work, staff meetings, or performance reviews is ____ time.

Nonbillable

Attorney Morris is representing Mr. Meiners in a case involving the kidnapping of Mr. Meiners's two dogs. During one of their conversations Mr. Meiners reveals that he is planning to murder the key suspect in the kidnapping. Attorney Morris notifies the police. Attorney Morris is guilty of:

None of these choices are correct

Which of the following directly regulate paralegals?

None of these choices are correct

Which of the following statements is true?

Paralegal schools are not required to get ABA approval

When first taking a job in a law firm, it is important for paralegals to know the status of law-firm personnel because:

Paralegals should know to whom they are accountable and who, in turn, is accountable to them

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 receive raises.

Performance evaluations

Your professional portfolio should include all of the following but your ____.

Photograph

Which of the following are tasks that paralegals may not perform?

Practice law

Legal aid offices:

Provide legal services to those who find it difficult to pay for legal representation and are often funded by the government

Attorneys paid for by the state to ensure that criminal defendants are not deprived of their constitutional right to be represented by counsel are:

Public defenders

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

Receiving and date-stamping mail and interviewing clients and witnesses

A paralegal working in a legislative office may be asked to:

Research the legislative history of a law

Support personnel at a law firm include which of the following?

Secretaries and file clerks

A feature that distinguishes professions from other types of occupations is:

Self-regulation

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

Smaller salaries and benefit packages, if any

The maximum time period within which specific types of legal actions may be brought to court is set by a ____.

Statute of limitations

____ is a serious disciplinary sanction in which the attorney is prohibited from practicing law in the state for a given period of time, such as one month or one year, or for an indefinite period of time.

Suspension

____ is a rule of evidence requiring that confidential communications between an attorney and client relating to their professional relationship be kept confidential.

The client confidentiality rule

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

Which of the following is a benefit of working for a small law firm?

The opportunity to gain a variety of work experience in many areas of the law

Many paralegals working in legal aid offices find their jobs rewarding because:

They are helping needy individuals

Paralegals are in demand at law firms because:

They help provide competent legal services at lower cost

Negligence is a ____ that occurs when a person's carelessness causes harm to another

Tort

Attorneys generally prefer ____ résumés.

Traditional

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

One year after Mrs. Smith's divorce is final, she becomes disenchanted with her property settlement and sues attorney Nelson for legal malpractice. Attorney Nelson uses the information obtained during his representation of Mrs. Smith to defend himself from the legal malpractice action. This is an example of:

Using confidential client information to defend against a client's legal action

Generally, paralegal organizations are in favor of:

Voluntary certification

Staff attorneys work for law firms but:

Will never become partners

Once a client's file is closed:

You still have an obligation to maintain confidentiality