Fall PLA1003

Statutory Law

A law enacted by a legislative body

a. Most law firms charge clients hourly rates for legal services. Hourly rates vary widely from firm to firm. State ethical codes require legal fees to be reasonable and the client could assert that $39,000 was unreasonable given that most paternity cases only cost $10,000. b. In response, the law firm would articulate the different elements that go into calculating the reasonableness, such as the time and labor required to perform legal work, as well as the legal experience and ability of the lawyer performing the services.

A law firm hired to represent a client in a paternity action withdrew from representation of the client while the case was pending, citing irreconcilable differences. In the retainer agreement, the client had agreed to pay hourly fees of $475 for the senior attorney, $425 for the junior attorney, $275 for any other attorney in the firm, and $150 for paralegal and law-clerk time. At the time the attorneys withdrew from representation, the client's total bill was $39,561, which she refused to pay. The law firm sued to recover its fee. a. What argument might the client make to get the fees reduced? Would it make a difference if the typical fee for a paternity case was usually less than $10,000? b. What argument would the law firm make to support its lawsuit for collecting its fee?

Escambia County Circuit Court

A lawsuit for injuries sustained by a Florida resident in Florida caused by the negligence of a Pensacola,Florida car owner-operator in the amount of $100,000 would be heard in which of the following courts?

responsibility for establishing an attorney-client relationship

A lawyer may delegate to her paralegal all of the following tasks EXCEPT:

Assault

A man approaches you, swinging a bat and telling you he is going to hit you.You fear he will hit you. This is the tort of:

Fee splitting arrangements with an attorney are considered the unauthorized practice of law and his paralegal is violating that rule. The attorney has a duty to supervise the paralegal in this case, who has filed cases in court using the attorney's name and bar license. This is a violation for the attorney, even though the attorney was merely negligent.

A paralegal experienced in employment discrimination law was hired by an attorney to develop a practice requiring appearances before both the state discrimination agency and the EEOC. The paralegal had previously advocated for clients before this state agency as permitted by state law. The attorney had no experience with employment discrimination cases. The attorney's clients were charged contingency fees, with the attorney receiving two-thirds of the fees and the paralegal onethird. The paralegal solicited clients and handled their cases without supervision, to the extent of having more than forty cases pending before the state agency. The paralegal also removed cases from the agencies and refiled them in the courts using the attorney's name and bar license without seeking the attorney's approval for doing so. Using the material in the chapter, what ethical violations did the paralegal commit? Did the attorney violate any ethical duties?

offer legal advice

A paralegal may do all of the following except:

receiving a percentage of the lawyer's fee

A paralegal may receive compensation through any of the following except:

Draft a complaint

A paralegal working on a plaintiff's case in a civil suit might be asked to do which of the following tasks?

paralegal

A person qualified by training, education, or work experience to perform substantive legal work under the auspices of an atorney is a

In Escambia County, Florida, Tony Cliff, an Alabama resident, was recently sued for negligence in causing an automobile accident at the intersection of Garden and Palafox Streets when he ran a red light causing $25,000 in damages to Laina Sweet, a Pensacola, Florida resident, last year. Regarding this accident and lawsuit:

4. The rules of procedure that apply to this case will be: Florida Rules of Civil Procedure - These are the rules that apply to state civil cases. 5. The substantive law that applied in this case is: Florida tort law - An auto accident involves negligence which is a tort. 6.The burden of proof applicable to this case will be: Greater weight of the evidence - This is the Florida standard in civil matters. 7. The area of substantive law applicable here was: tort law of negligence - This is what applies here 8. The court in which this action will be filed is: Escambia Circuit Court - aaccident occurred here ..action is always filed where defendant lives or where incident occurred 9. Regarding jurisdiction over the defendant, Florida has jurisdiction under its long arm statute

Several state supreme courts—including Nevada and California—as well as the First Circuit have held that sending e-mail does not violate a lawyer's duty of confidentiality. Such decisions strengthen the position that attorneys may use e-mail without encryption. The ABA in Formal Ethics Opinion 11-459 also allows unencrypted e-mail, but cautions lawyers to consult with their clients and follow their clients' instructions as to the method of transmitting highly sensitive information relating to the clients' representation. The opinion also recommends that particularly strong protective measures be used to guard against the disclosure of highly sensitive matters. Aaron's firm, however, should be aware of the dangers of sending intellectual property documents through e-mail, and should probably develop internal policies regarding communication of highly sensitive information via the Internet. The firm may want to consult with its clients to see how they wish to have sensitive data communicated.

Aaron is a paralegal with a law firm that specializes in intellectual property law. Aaron's supervising attorney asks him to e-mail a letter to the client that the attorney has prepared. The letter and its attachments discuss a patent application and contain drawings and plans for a heated steering wheel that the client plans to sell to automobile manufacturers. Aaron does so without encrypting the letter or the attachments, which contain confidential information. A temporary employee working at the client's office accesses the unencrypted e-mail and steals the information. Have any ethical rules been violated by Aaron? By his supervising attorney? If so, which rules? What could Aaron and his supervising attorney have done differently to better protect the client's interests?

A paralegal may legally perform tasks b and e and, in some states, f. Task a, providing legal advice to clients, is not legal. Task c, representing a client in court, is not legal unless authorized by that court. Task d, setting legal fees, is not legal. Task f, working as a legal technician providing legal services directly to the public, depends on state law.

According to this chapter's text, which of the following tasks can a paralegal legally perform? a. Provide legal advice to clients in the course of helping them prepare divorce pleadings. b. Interview a witness to a car accident. c. Represent a client in court. d. Set legal fees. e. Work as a freelance paralegal for attorneys. f. Work as a legal technician providing legal services directly to the public.

Yes. This is an area undergoing change in the legal profession as new technology is introduced. The only way a paralegal can file documents online is by using his or her attorney's password. There is no requirement an attorney be in the office when this is done. Presumably, the paralegal is only filing items approved in advance by the attorney, although in reality the attorney often relies upon the work of the paralegal. Filing with an attorney's password is really no different than signing the attorney's pleadings or papers filed with the court. The answer to number 5 will probably be modified by the bar in the near future to be consistent with the electronic filing rule.

Add the following facts to the question above: In Norma's jurisdiction all filings are e-filed, and the attorney's name is typed on the document being filed as /s Linda Lowenstein. If Linda were in the office, Norma would file the item in that manner using Linda Lowenstein's e-filing portal password. Do these additional facts affect your answer to #5?

Failure of Consideration

Affirmative defenses that a defendant may raise in a negligence action include all of the following except:

A client trust account to segregate client funds is a very important Florida Bar (and all state bars) requirement.

All funds belonging to or being held for a client must be kept in:

Agreement (offer and acceptance) Consideration Legality

All of the following are elements of a contract

Over persons and property Over subject matter original and appellate

All of the following are types of court jurisdiction

Over legislation (or administrative decisions)

All of the following are types of court jurisdiction EXCEPT:

what can be either a civil tort or a crime or both

An assault and battery is an example of:

A fixed fee The amount is uniform for all clients seeking this service.

An attorney charges a fee of $750 fee for all incorporations. This would be considered:

join a local paralegal organization

An excellent method of networking for learning about potential paralegal jobs available to you is:

This is inappropriate because double billing is prohibited by the ABA.

Attorney Hill is flying to Dallas to take a deposition for Client A. During the flight, he is preparing notes for an appeal for client B. When he returns to the office, he bills Client A for 3 hours travel time and bills Client B for the same three hours. The position of the ABA is:

Personal injury cases This is the most common type of case in which contingency billing is used.

Attorneys are generally handle which of the following type cases on a contingency fee basis :

Bob is driving to work for his morning shift at the plant when he encounters strikers who are picketing and blocking the entrance to the factory. Bob cannot afford to lose his job, so he decides to cross the picket line. When he attempts to drive through, the picketers surround his car and begin to rock and push it. Bob's car is spun around and ends up in oncoming traf- fic. Bob suffers a panic attack and his anxiety disorder is aggravated so that he cannot work. Does Bob have a tort claim against the picketers? If so, which torts were committed?

Bob has a claim against the picketers for the torts of assault, battery, and the inten- tional infliction of emotional distress.

Carmen buys a television set manufactured by AKI Electronics. She is going on vacation, so she takes the set to her mother's house for her mother to use. Because the set is defective, it explodes, causing considerable damage to her mother's house. Carmen's mother sues AKI for the damage to her house. Discuss the product-liability theories under which Carmen's mother can recover from AKI.

Carmen's mother can recover from AKI under theories of negligence and strict li- ability. Negligence occurs when a manufacturer fails to exercise "due care" to make a product safe, and any person who was injured by the product may sue the manufacturer for negli- gence. The plaintiff does not have to be the person who purchased the product, so Carmen's mother could sue under this theory. The manufacturer must exercise due care in designing the product, selecting the materials, and producing and assembling it. The duty of due care also requires the inspection testing of any item purchased that is incorporated into the final product. Thus, AKI had a duty to make a safe television, one that would not explode and damage someone's house. This required AKI to exercise due care in designing the television and in selecting the materials, along with inspecting and testing the parts used in it. AKI also owed a duty to use due care in producing and assembling the television. Strict liability will be imposed on AKI because Carmen's mother can prove: (1) that the television was in a defective condition when it was sold, because a nondefective television would not explode; (2) that AKI was normally in the business of selling televisions; (3) that the television was unreasonably dangerous to the user (Carmen's mother) because of its defec- tive condition—it exploded and damaged her home; (4) that the plaintiff incurred harm to her property (damage to her home) by use of the product; (5) that the defective condition was the proximate cause of the damage to her house; and (6) that neither Carmen nor her mother had substantially changed the television from the time that Carmen purchased it to the time it exploded at her mother's house. Note that Carmen's mother is not required to show why or in what manner the product became defective. She must only prove that the product was "so defective" as to be "unrea- sonably dangerous." A court will find the product to be an "unreasonably dangerous product" if either (1) the product is dangerous beyond the expectation of the ordinary consumer, or (2) a less dangerous alternative was economically feasible for the manufacturer, but the manufacturer failed to produce it. A product may be unreasonably dangerous due to a flaw in the manufacturing process, a design defect, or inadequate warning. Carmen's mother will be able to prove that the television was dangerous beyond the expectation of the ordinary con- sumer because it exploded during normal use.

Chloee is a new legal assistant interviewing a client who wants to sue the manufacturer of an allegedly defective elliptical training machine. The client claims that while using the machine, it stopped suddenly, causing him to fall off and seriously injure his hip. Near the end of the in- terview, the client asks Chloee whether she thinks he has a good case. Chloee responds, "Well, as you know, I'm a paralegal, and I cannot give legal advice. Personally, though, I think that you do have a good case." Has Chloee violated her ethical duties? How would you have handled the situation?

Chloee violated her ethical duty to not give legal advice by telling the client that she personally thought that he had a good case. The reason is that Chloee is a legal professional, and the client will believe that her opinion is a professional one, not a personal one. If you are ever in this situation, do not give your personal opinion. Do not say anything more than, "I'm a paralegal, and I cannot give legal advice. The attorney will let you know whether he thinks you have a strong case." If the client persists in asking for an opinion on the strength of his case, then refer the client to the attorney or, if the attorney is in the office, ask him to come in and answer the client's question.

criminal

Civil matters in our legal system include all of the following matters EXCEPT:

I'm going to get this information to your attorney, Mr. Sueman, and as soon as he evaluates it, he will give you a call to discuss his thoughts.

Claire is a new legal assistant interviewing a potential client about an electrical shock the client received walking on a treadmill at Fatty's Gym. At the conclusion of the interview, the client asks Claire if Claire thinks she has a good case. Which of the following would be the best response for the paralegal to give?

A valid contract that may be formed online by indicating that the offeree agrees to the terms of the offeror. These contracts may be referred to as:

Click-on agreements

The doctrine applied by the courts to excuse parties from their performance obligations when the performance becomes much more difficult or expensive than contemplated at the time the contract was formed.

Commercial impracticability

Which of the following is an intentional tort against property?

Conversion

1. The Florida state court with jurisdiction over a $10,000 contract dispute is:

County Court - This is the court with jurisdiction for matters of $15,000 or less.

Battery is the completion of a fear-inducing act.

Defamation is a tort against a person, not property.

A law school has an open admissions policy, and because of an antiquated state law, it accepts students with the equivalent of an associate's degree. Once admitted, students must earn a grade of "C" or better in all courses to stay enrolled. Many students flunk out. Several disgruntled students start a blog where they complain about the law school's policies. Over time, more students post on the blog, and some of the statements are untrue. The law school sues for online defamation, naming the defendants as John Does. Will the Internet Service Provider (ISP) have to reveal the identities of the defendant Does? How do the rights of the plaintiff balance against the defendants' First Amendment rights to free speech? Can the ISP be held liable for the defamation?

Defamation is wrongfully harming a person's good reputation. The law imposes a general duty on all persons to refrain from making false, damaging statements about others. The tort of defamation requires the publication of the statement or statements that hold an individual up to contempt, ridicule, or hatred. Publication means the defamatory statements are communicated to third parties. Defamatory statements made on the Internet are actionable as well. Anyone who republishes or repeats defamatory statements, knowing them to be false, is liable even if that person reveals the source of the statements. If the law school files suit, it may serve a discovery request on the ISP and the judge would need to determine if the requested information was relevant to the case. A problem for anyone who seeks to sue for online defamation is discovering the identity of the person who posted the defamatory message. ISPs can disclose personal information about their customers only when ordered to do so by a court. With respect to the right of free speech, some courts have concluded that more than a bare allegation of defamation is required to outweigh an individual's right to anonymity in the exercise of free speech as to whether the ISP can be held liable for defamation, and there is no evidence to establish that the ISP had knowledge that the statements were false.

Two middle-school girls labeled a male gym teacher a "perv" and "creeper." They spread false rumors that he inappropriately touched students and peeked into the girls' locker room. The girls' parents shared these falsehoods about the teacher with their friends. The teacher was cleared of allegations of criminal behavior and filed a lawsuit against the parents for spreading false rumors about his behavior. Under which tort theory would the teacher file a suit?

Defamation.

Law consists of the body of rules of conduct established and enforced by the controlling authority (the government) of a society. There are four primary sources of American law: the common law doctrines developed in cases; the United States Constitution and the constitutions of various states; statutory law, including laws passed by Congress, state legislatures, and local governing bodies; and regulations created by administrative agencies.

Define law. What are the primary sources of American law?

A tort is a civil wrong not arising from a breach of contract—a breach of legal duty that proximately causes harm or injury to another. Two notions serve as the basis of all torts: wrongs and compensation. Generally, the purpose of tort law is to provide remedies for the invasion of various interests—such as peo- ple's interests in their physical safety, security, privacy, freedom of movement, or reputa- tion—that society seeks to protect. The main categories of tort law are intentional torts, negli- gence, and strict liability.

Define tort. What is the underlying purpose of tort law? What are the main categories of torts, and how do they differ?

All of the following are elements of a contract except:

Duplicate copies While it is beneficial for each party to have a copy of the contract, it is not necessary for the contract to be valid.

Intentional Negligence Strict Liability

Each of the following is a classifications of or type of tort

Estoppel

Each of the following is a classifications of or type of tort EXCEPT:

Rick Scott and Marco Rubio

Florida's two U. S. Senators are:

from different states from the states of the defendants In this case, the federal district court would have original jurisdiction.

For federal court jurisdiction based on diversity of citizenship, there must be $75,000 in issue AND all of the plaintiffs must be:

10. A Fulton County, Georgia, motorist runs a red light in Escambia County, Florida, runs another red light in Santa Rosa County, Florida. He runs a third red light in Okaloosa County, Florida striking a vehicle driven by a Mobile County, Alabama resident. An appropriate venue for a lawsuit arising out of this would be:

Fulton County, Georgia - yes - where the defendant lives is an option and the only option you have to choose from that is correct.

a. Riley v. California, 134 S.Ct. 999 (2014). Riley v. California (parties), volume 134 of the Supreme Court Reporter starting on page 999. The case was decided in 2014. b. Chief Justice Roberts c. Michael R. Dreeben, for the United States as amicus curiae, by special leave of the Court, supporting the Respondent. Patrick Morgan Ford, Law Office of Patrick Morgan Ford, San Diego, CA, Donald Ayer, Jones Day, Washington, DC, Jeffrey L. Fisher, Counsel of Record, Stanford Law School, Supreme Court Litigation Clinic, Stanford, CA, for Petitioner Riley. Kamala D. Harris, Attorney General of California, Edward C. Dumont, Solicitor General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Steven T. Oetting, Craig J. Konnoth, Deputy Solicitors General, Christine M. Levingston Bergman, Counsel of Record, Deputy Attorney General, State of California Department of Justice, San Diego, CA, for Respondent California. Donald B. Verrilli, Jr., Solicitor General, Counsel of Record, Department of Justice, Washington, DC, for the United States. Judith H. Mizner, Counsel of Record, Federal Defender Office, for Respondent Wurie. Donald B. Verrilli, Jr., Solicitor General, Counsel of Record, Mythili Raman, Acting Assistant Attorney General, Michael R. Dreeben, Deputy Solicitor General, John F. Bash, Assistant to the Solicitor General, Robert A. Parker, Michael A. Rotker, Attorneys, Department of Justice, Washington, DC, for the United States. d. The issue addressed in this case was whether the police may, without a warrant, search digital information on a cell phone seized from an individual who has been arrested. e. "We reverse the judgment of the California Court of Appeal in No. 13-132 and remand the case for further proceedings not inconsistent with this opinion...Our holding, of course, is not that the information on a cell phone is immune from search; it is instead that a warrant is generally required before such a search, even when a cell phone is seized incident to arrest." f. Justice Alito wrote a concurring opinion.

Go to Google Scholar at www.scholar.google.com. Search for the United States Supreme Court case Riley v. California in the search box. Select "case law" right below the search box. Click on the opinion and answer these questions: a. What is the citation to the case? What does each item in the citation refer to? b. Which justice wrote the opinion? c. List all the names above the name of the justice who authored the opinion. d. The opinion begins immediately following the name of the justice who wrote the opinion. What issue did the Court address in this case? e. Press the Control and F keys on your keyboard simultaneously. In the search box that opens, type the words "it is so ordered." What did the Supreme Court decide and why? f. Did any justice write a concurring or dissenting opinion? If so, which one(s)?

Lawyers and legal assistants typically use time slips to keep track of their time. Most firms use computer systems for this timekeeping. A time slip indicates the amount of time (in hours or increments of hours) spent on a particular client's work, the name of the client for whom the work was undertaken, the date, and other identifying information. The time slips provide the basis for billing the clients for services rendered. Billable hours are the hours or fractions of hours that attorneys and paralegals spend in clientrelated work that requires legal expertise and that can be billed directly to clients. Nonbillable hours are hours spent in other law-office work, such as creating and maintaining a file system, sending and receiving mail, and so on. Nonbillable hours cannot be billed directly to the client and constitute part of a law firm's overhead expenses. A client trust account is a special bank account that is established to hold any funds, including retainers, received on behalf of a client. The ethical rules governing attorneys require that funds received from or on behalf of clients be held in an account separate from that of the attorney or law firm.

How do lawyers and legal assistants keep track of their time? What is the difference between billable and non-billable hours? What is a client trust account?

The paralegal profession is indirectly regulated by attorney ethical codes. Only attorneys are subject to disciplinary proceedings for violating these codes. Paralegals are not sanctioned by the state bar association or other regulators for violating ethical codes. How ever, the attorney ethical codes have a regulatory effect on paralegals. For example, an attorney will not want to hire or maintain as an employee a paralegal who violates the state ethical codes (which could result in disciplinary actions against the attorney). The paralegal profession is regulated by the paralegal codes of ethics by explaining and enforcing, especially for paralegals who are members of a paralegal organization, the various duties and obligations of a paralegal as well as the restrictions all paralegals must be aware of in order to do their job well. Paralegal ethical codes provide ethical guidelines for paralegals to follow. Compliance with a paralegal ethical code is not legally required for paralegals. If a paralegal does not comply with a paralegal association's code of ethics, the association cannot start disciplinary proceedings against the paralegal. However, a paralegal may have his or her membership in the organization revoked. For instance, in 1997, NFPA revised the code, particularly its format, and took the bold step of appending to its code a list of enforcement guidelines setting forth recommendations on how to discipline paralegals who violate ethical standards promulgated by the code.

How is the paralegal profession regulated by attorney ethical codes? How is it regulated by paralegal codes of ethics?

a. State trial court. b. Federal court of appeals. c. State domestic relations court. d. Federal district court. e. State supreme court. f. United States Supreme Court.

Identify each of the following courts. If not indicated, specify whether it is a state or federal court. a. This state court has general jurisdiction over civil and criminal cases and takes testimony from witnesses and receives evidence. b. This court has appellate jurisdiction and is part of a court system that is divided into geographic units called circuits. c. This state court only hears issues related to divorce and custody matters. It has original jurisdiction. d. This court can exercise federal question and diversity-of-citizenship jurisdiction, and receives testimony and other evidence. e. The decisions of this court are usually final. It is the highest appellate court within its court system. f. This federal court has nine justices. It has original jurisdiction over a several types of cases but functions primarily as an appellate court. There is no automatic right to appeal cases to this court.

a. Eighth Amendment. b. First Amendment. c. Fourth Amendment. d. Second Amendment

Identify the constitutional amendment being violated in the following hypothetical situations: a. A state imposes the death penalty on a 17-year-old. b. The federal government suppresses political speech based on the speaker's identity as a corporation. c. The police decide that because a house is located in a poor neighborhood, it must be a crack house. The police burst in, tear the house apart looking for drugs, and find nothing d. A local government bans handgun possession in the home.

a. The First Amendment to the U.S. Constitution governs freedom of speech. Thus, the type of law that applies is constitutional law. b. Administrative law is illustrated, as well as a violation of a state statute. c. The law governing Mrs. Sam's injury is the law of negligence, which is based on common law principles. Thus, common law is the type of law that applies. d. Statutory law has replaced common law as the basis of criminal law in most states. Thus, statutory law is the law that applies.

Identify the type of law (common law, constitutional law, statutory law, or administrative law) that applies in each of the following scenarios: a. LaToya strongly disagrees with the U.S. government's decision to declare war on a foreign country. She places an antiwar sign in the window of her home. The city passes an ordinance that bans all such signs. b. An official of the state department of natural resources learns that the Ferris Widget Company has violated the state's Hazardous Waste Management Act. The official issues a complaint against the company for not properly handling and labeling its toxic waste. c. Mrs. Sams was walking down a busy street when two teenagers on inline skates crashed into her because they weren't watching where they were going. As a result of the teenagers' conduct, Mrs. Sams broke her hip, and according to her doctor, she will never walk normally again. She sues the teenagers for damages. d. Joseph Barnes is arrested and charged with the crime of murder.

Preparing an answer for the defendant to file The defendant is the party against whom the suit is being filed.

If you work for a law firm that specializes in plaintiff's personal-injury litigation, you might be responsible for all of the following EXCEPT:

a. Civil, money damages, remedy at law. b. Civil, money damages, remedy at law. c. Civil/contract law, specific performance, remedy in equity. d. Civil, injunction, remedy in equity.

In the following hypothetical situations, identify the type of case (criminal or civil), the remedy being sought, and whether it is a remedy at law or a remedy in equity: a. Brianna files a petition with the court. She is seeking compensation from Travis, who failed to deliver new furniture as promised. b. Juan sues Bob, seeking to be compensated for the cost of replacing several new trees that Bob's dog destroyed. c. Laurie seeks to have a contract enforced for the sale of an antique Mercedes automobile. d. Sam files a petition seeking to prevent the electric company from cutting down a large tree on his property.

a. The attorney must disclose the client's threat to kill her husband. This is required under the exception to the client confidentiality rule (client intends a harmful act). An attorney is obligated to disclose any information to the extent the lawyer reasonably believes necessary to prevent certain death or substantial bodily harm, under the Revised Model Rule 1.6. b. The attorney may not disclose the information regarding the former client's affair with the nextdoor neighbor because it has no bearing on the malpractice issue in the lawsuit by the former client against her attorney. Students should note that an attorney may only disclose confidential client information that is related to the lawsuit against the attorney.

In which of the following instances may confidential client information be disclosed? a. The client in a divorce case threatens to hire a hit man to kill her husband because she perceives that killing her husband is the only way that she can stop him from stalking her. It is clear that the client intends to do this. b. A former client sues her attorney for legal malpractice in the handling of a breach-of-contract case involving her cosmetics home-sale business. The attorney discloses that the client is having an affair with her next-door neighbor, a fact that is unrelated to the malpractice or the breach-ofcontract case.

The Uniform Commercial Code (UCC):

Includes a warranty of merchantability and a warranty of fitness for a particular purpose

Johnny's actions, while breaching the duty of due care, have caused no injury or damage, and therefore all the elements necessary for the tort of negligence did not occur

Johnny is driving his car, is not paying attention, and runs a stop sign. There are no other vehicles in the vicinity at the time. Regarding the elements required to establish the tort of negligence, it is clear that:

Firms use a mix of traditional communications and new forms of social media to keep in touch with clients and to help generate new business. In addition to traditional methods of reaching new customers through the mail, law firms are using social media, such as creating firm-specific. Twitter feeds and other external social media that build the firm's digital shadow and help attract clients. As a paralegal, you may be called on to play important roles in developing or implementing a social media strategy. Normally, fee arrangements are discussed and agreed on by the attorney and client at the outset of the attorney-client relationship. It is important that the law firm establish a clear policy on fee arrangements and efficient procedures to ensure that each client is billed appropriately for the time and costs associated with serving that client. Most law firms require each client to agree, in a signed document called a retainer agreement, to the fee arrangements that have been made. Some states also require, by law, that fee arrangements be stated in writing. An attorney's ethical obligations with respect to legal fees include the following: (1) See Rule 1.5 in the Model Rules of Professional Conduct. Factors included in determining the reasonableness of a lawyer's fee include the time and labor required to perform the legal work, the fee customarily charged in the locality for similar legal services, and the experience and ability of the lawyer performing the services. Thus, lawyers must keep accurate records of their time to avoid charges of unethical billing practices, including double billing. (2) Lawyers are required by state ethical rules to maintain client trust accounts to avoid commingling clients' funds with law firm funds.

List and define the different ways law firms build their client base. What ethical obligations do attorneys have with respect to legal fees?

There are 13 judicial circuits, each of which contains a court of appeals. All except one are based on geographic regions of the country. The 12th circuit is composed of Washington, DC, only. Florida is in the 11th Circuit. There are 3 federal judicial districts in Florida. Pensacola is in the Northern District of Florida.

Look at Exhibit 6.4 on page 157. How many federal circuits are there? Which states are included in the 12th Circuit? In which federal circuit is your state located? How many federal judicial districts are located in your state? In which federal district is your community located?

a. First Amendment: "Congress shall make no law . . . abridging the freedom of speech . . ." b. Eighth Amendment: "Excessive bail shall not be required . . . nor cruel and unusual punishments inflicted." c. Fifth Amendment: ". . . nor shall be compelled in any criminal case to be a witness against himself . . ." d.Sixth Amendment: "In all criminal prosecutions . . . to have the Assistance of Counsel for his defense." e. Second Amendment: ". . . the right of the people to keep and bear Arms, shall not be infringed."

Look at the U.S. Constitution in Appendix I of this text. Identify the amendment and quote the relevant language in the Bill of Rights that gives U.S. citizens the following rights and protections: a. The right to freely exercise one's speech. b. Protection against cruel and unusual punishment. c. Protection against self-incrimination. d. The right to counsel in criminal prosecutions. e. The right to keep and bear arms.

The Michigan courts could obtain jurisdiction over Marcia on the basis of a state long arm statute. The federal district court in Michigan could also exercise original jurisdiction over this case because it involves diversity of citizenship. Diversity of citizenship arises when the amount in controversy exceeds $75,000. If both the courts or the state of Michigan and the federal court have jurisdiction over this case, it would be an example of concurrent jurisdiction. In this situation, the plaintiff would be able to choose whether to bring the suit in a federal or a state court.

Marcella, who is from Toledo, Ohio, drives to Troy, Michigan, and shops at a popular mall. When leaving the parking lot, Marcella causes a car accident when she runs a stop sign. On what basis could a Michigan court obtain jurisdiction over Marcella? If the damages in the lawsuit exceeded $75,000, could a federal court in Michigan have jurisdiction over this case? On what jurisdictional basis? What type of jurisdiction would exist if both the courts or the state of Michigan and the federal court have jurisdiction over this case? Discuss the other types of jurisdiction the court may have in this case (such as in personam jurisdiction, in rem jurisdiction, subject-matter jurisdiction, limited jurisdiction, general jurisdiction, original jurisdiction, appellate jurisdiction, concurrent jurisdiction, and exclusive jurisdiction).

diversity of citizenship jurisdiction

Marie, a citizen of Florida, was walking down a Tallahassee, Florida street when a crate flew off a passing truck causing injuries exceeding $100,000. The trucking firm's headquarters are located in Georgia, although the trucking firm does business in Florida. Marie could file suit in federal court in this case because:

a legal directory with names, addresses, and information about lawyers

Martindale-Hubbell is:

assumption of the risk

Mary goes to a golf course on Sunday morning to try out her new set of golf clubs. As she tees off on the first hole, her ball travels off course striking Marvin, a golfer playing another hole, in the shoulder. If Marvin sued Mary for battery, the best defense for Mary to raise would be

Generally, the mere dissemination of legal information does not constitute the unauthorized practice of law. There is a fine line, however, between disseminating legal information (by providing legal forms to a customer) and giving legal advice (which may consist of merely selecting the forms that best suit the customer's needs), and the courts do not always agree on just where this line should be drawn.

Matthew Hinson is a legal technician. He provides divorce forms and typing and filing services to the public at very low rates. Samantha Eggleston uses his services. She presents him with her completed forms, but she has one question: How much will she be entitled to receive in monthly child-support payments? How may Matthew legally respond to this question?

$90,000

Mrs. Baranski had a contingency fee with her law firm that provided the firm would receive a 1/3 fee based on the total amount recovered. The firm recovered $150,000 in her case and had $10,000 in costs. The contract provided the fee would be based on the total recovery. How much should Mrs. Baranski receive after she pays her fee and costs?

Norma should handle the situation by being assertive and asking Linda to review the document first. If Linda is unable to come to the office to sign the document, then it would not be unreasonable for Norma to offer to e-mail or fax a copy of it to Linda (or if for some reason this is not possible, to bring it to her home) for her review. Linda might otherwise ask another attorney familiar with the file to review the document and sign it. Norma could then sign Linda's name, indicating "N.S." in parentheses, and keep the faxed or e-mailed approval in the file.

Norma Sollers works as a paralegal for a small law firm. She is a trusted, experienced employee who has worked for the firm for twelve years. One morning, Linda Lowenstein, one of the attorneys, calls from her home and asks Norma to sign Linda's name to a document that must be filed with the court that day. Norma had just prepared the final draft of the document and had placed it on Linda's desk for her review and signature. Linda explains to Norma that because her child is sick, she does not want to leave home to come into the office. Norma knows that she should not sign Linda's name—only the client's attorney can sign the document. She mentions this to Linda, but Linda says, "Don't worry. No one will ever know that you signed it instead of me." How should Norma handle this situation?

have mistakes in spelling, grammar, or punctuation on your resume

One good way to eliminate yourself as a potential job candidate is:

only those within the law office who need to know the information to handle the client's work

One of the requirements for paralegals in the law office is the ability to keep information about clients confidential, and this means the information should be disclosed to

John and Carlos violated the ethical rules of competence and adequate attorney supervision. Carlos should have researched the federal drug laws regarding marijuana use; by neglecting to do so, he did not execute his legal work with competence. John did not adequately supervise Carlos, because he did not ask him whether he had researched the federal drug laws as well as the relevant state statutes. Thus, both John and Carlos violated ethical rules.

Paralegal Carlos is asked by his supervising attorney to do some research. Carlos is to review a new state statute exempting certified, ill persons from prosecution for medical marijuana use, in order to find out what the requirements are for becoming a certified medical marijuana user. Carlos looks up the relevant state statute and finds the requirements. Carlos conveys this information to John, his supervising attorney. Carlos has neglected to research the federal drug laws and fails to tell the attorney that there is not an exemption for the medical use of marijuana under federal law. The attorney, relying on Carlos's conclusion, advises the client that once she is a certified medical user, she will be exempt from prosecution. Have John and Carlos violated any ethical rules? Explain.

Peter's breach of his duty of competence is attributable to his lawyer boss who is responsible for Peter's work and responsible to the client for this mistake.

Peter Smith, a paralegal, is instructed by his attorney boss to always check the tax records in the tax collector's office and not to rely on the Internet sites to determine the status of paid property taxes. Contrary to his instructions, Peter relied on the Internet and noted on closing documents for a real estate transaction that the taxes of $5000 had been paid. The attorney advises the client the taxes have been paid. After the closing, the client learns the $5000 in taxes had not been paid. Which of the following is correct?

complete honesty in representing your skill and experience

Professional responsibility, both is seeking a job and on the job requires, among other things:

require timekeeping for all paralegal tasks to either use in billing the client or assessing the attorney for the paralegal's time if the client cannot be billed, or to account for the effective use of paralegals within the firm.

Regarding paralegal timekeeping, most firms

Timeslips is a flexible time-and-billing software product. Some of the features of Timeslips include: Easy to start, easy to use—It contains a database wizard, industry-specific templates, training videos, and other startup features. Time-and-expense entry—It contains a stopwatch timer to track your activities, or allows simple entry of all time at once. A long list of tools and preference settings makes time-and-expense entry as effortless as possible. Billing—Users can easily access and manage billings, and parameters can be set to determine when clients should be billed. Timeslips allows billing administrators to choose whether or not each slip requires approval before being invoiced to the customer. And multiple billing arrangements are available for each client, including hourly, flat, contingency, and others. Accounts receivable—Timeslips' accounts receivable module allows for quick and easy entry of payments. When a payment is entered, the rules the user has defined will distribute the payment amount appropriately, or the user can do it manually. Timeslips' accounts receivable features include other transaction options such as write-offs, credits, refunds, and funds transfers. Reports—Timeslips contains more than 100 predefined reports and includes the ability to create custom reports and graphs. Timeslips provides customizable reports for information such as slips, clients, timekeepers, tasks, expenses, and transactions. Simple drag-and-drop functionality makes it easy to design reports in any format. Scheduled backup—The automatic, scheduled backup of Timeslips data ensures that slip and billing details are not lost. Each backup file can have a unique name to help determine the most current information. Networking features—Timeslips is a single-station product that is network ready. Just add network stations for each networked computer. Timeslips is also available in Multi-User Value Packs, which come with a choice of five or ten stations.

Research time-and-billing software on the Internet by going to the following website: www.sagetimeslips.com. Click on Overview to read about the latest version of Timeslips. Next click on Features. Is Timeslips limited to one type of billing arrangement or is it flexible? Can it create reports? What else can it do? Select "Free Trial" from the Products and Services menu if you want to try out the program for yourself.

Generally, to rescind a contract, the parties must make:

Restitution This may involve returning goods, property, or money previously conveyed.

Yes Richard has a certificate for completing a course. He is not a Certified Paralegal. He is a paralegal with a certificate.

Richard attends a six-month paralegal course and earns a certificate. In the West Coast city where Richard lives, certified paralegals-those with a CP or CLA designation - are in high demand. Richard responds to an ad requesting an employee who is a NALA Certified Paralegal indicating he meets the job requirement as he is a certified paralegal. Has Richard done anything unethical?

a partnership

Roberta Wagner owns a law firm with Joe Rosen. They own equal interests in the firm, participate equally in the firm profits and in running the firm. Wagner & Rosen has three associates, six secretaries, and three paralegals who work for the firm. The organizational structure of this firm is:

Sam may not do this. Attorneys are required to place a client's funds in a client trust account. This prevents the money from being spent on law firm expenses, such as monthly rent, utilities, or equipment, instead of being paid to the client. What Sam should have done was deposit the check into a client trust account and then, assuming that he had earned his fee, make a withdrawal in the amount of this fee. Sam's paralegal should bring this ethical violation to his attention. The paralegal might approach Sam by saying, "I know that this is your responsibility, but were you aware depositing this client's check into the firm's bank account is an ethical violation?" The paralegal might also want to have a copy of the state's ethical rule prohibiting commingling of clients' funds handy, in the event that the attorney is unaware of the rule.

Sam Martin, an attorney, receives a settlement check for a client's case. It is made out jointly to Sam and his client. Sam endorses the check and instructs his paralegal to deposit it into his law firm's bank account, instead of the client's trust account, because he wants to take out his fee before he gives the client his portion of the money. Can Sam do this? Why or why not? What should Sam's paralegal do?

States, people

The 10th Amendment provides that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the ________ respectively, or to the ________.

a. The American Arbitration Association is available to resolve a wide range of disputes through mediation, arbitration, elections, and other out-of-court settlement procedures. Less formal methods of dispute resolution—such as fact-finding, mini-trial, and partnering—are also available. Yes, the AAA engages in arbitration outside the United States. 'b. The parties must register in AAA WebFile. 'c. Student should search forms with the terms "consumer demand for a non-California arbitration" which will provide a form that requires a brief explanation of the dispute, specifying the amount in dispute, stating the relief being asked for, and other information on the representatives of the consumer and the business. The form can be downloaded, as well. 'd. The business pays the arbitrator's compensation unless the consumer, postdispute, voluntarily elects to pay a portion of the arbitrator's compensation. A nonrefundable filing fee capped in the amount of $200 is payable in full by the consumer when a claim is filed, unless the parties' agreement provides that the consumer pays less. A partially refundable fee in the amount of $1,500 is payable in full by the business, unless the parties' agreement provides that the business pay more.

The American Arbitration Association (AAA) is the largest provider of alternative dispute resolution services in the country. To learn more about ADR procedures, go to www.adr.org, the home page for the American Arbitration Association. Browse through the site's offerings and find the answers to the following questions: a. What types of services does the AAA offer? Does the AAA engage in arbitration outside the United States? b. Describe the steps in filing a case online. c. Locate the form for filing a consumer demand for a non-California arbitration. Make a list of the different categories of information that the form requires. Attach a copy of the form to your assignment. d. What are the fees to file a consumer case with the AAA? Which party pays more in a consumer arbitration, a consumer or a business?

The right to assemble peaceably and to petition the government Freedom of the press Freedom of speech and religion

The First Amendment guarantees:

This canon was first published by the ABA in 1969. American Bar Association (ABA)

The Model Code of Professional Responsibility is a product of the:

certified paralegal

The National Association of Legal Assistants has a proficiency exam, that when one passes, enables a paralegal to be recognized as a

prohibition

The U. S. Constitution has had only one amendment repealed. That amendment dealt with

11. An Alabama resident sues a Florida resident in federal district court in Florida alleging damages of $60,000 resulting from an accident that occurred in Florida. The best ground for a motion to dismiss the action is:

The amount in controversy is not enough to invoke diversity jurisdiction - Yes, more than $75,000 must be involved in diversity

Constitution

The foundation document for governing

expanding

The future job outlook for paralegals is

law firms

The great majority (over 2/3) of paralegals work today in

During the Ebola crisis, hospitals throughout the United States set up protocols for handling Ebola patients, including providing an Ebola checklist for use by emergency room staff. When the first Ebola patient was initially seen at a Texas hospital's emergency room, he reported a fever and flu-like symptoms (classic symptoms of the Ebola virus) and told the emergency room staff that he had just come from Liberia, a country with a severe Ebola outbreak. The patient was treated for the flu, given antibiotics, and sent home. Despite the presence of Ebola symptoms and his recent arrival from Liberia, his illness was not reported to any authorities. The man returned three days later by ambulance, deathly ill. He was admitted to the hospital, was diagnosed with Ebola, and died within a few days. On which tort law theory discussed in the chapter might the hospital be liable?

The hospital failed to exercise reasonable care resulting in injuries, which would satisfy the negligence theory

Whether the firm is guilty of an ethical violation, in terms of notifying its clients as to how the firm's data storage is handled, depends on state law. At least one state, Massachusetts, requires client consent before using cloud storage for particularly sensitive data. The firm had two duties to fulfill before deciding to use an online cloud computer data backup system, and as long as it fulfilled these duties, there is no ethical violation. First, the firm needed to take reasonable care to ensure that the cloud system was secure. Second, the firm needed to take reasonable care that client confidentiality would be maintained. "Reasonable care" to protect a client's confidential information against unauthorized disclo- sure would be fulfilled by considering the following: Ensuring that the online data storage provider has an enforceable obligation to preserve confidentiality and security, and that the provider will notify the lawyer if served with proc- ess requiring the production of client information Investigating the online data storage provider's security measures, policies, recoverability methods, and other procedures to determine if they are adequate under the circumstances Employing available technology to guard against reasonably foreseeable attempts to infiltrate the data that are stored It would also have been prudent to ensure that the company providing confidential data storage has a legally enforceable obligation to maintain the confidentiality of the client data involved. Storing data in the cloud means that the data is stored on the servers of a third party and is not under the direct control of the law firm.

The law firm of Dover, Cleary and Harper decides to store all of its data in the cloud and enters into a contract with Cloud Service Provider for data storage. The firm does not mention its conversion to cloud storage to any of its clients. Six months later an employee of the Cloud Service Provider notices that one of the firm's clients, a local celebrity, has declared bankruptcy and broadcasts this fact on Facebook, causing significant embarrassment to the client. The client is able to track the disclosure of her confidential information on Facebook to the Cloud Service Provider, which obtained the client's file from Dover, Cleary and Harper. Is the law firm guilty of an ethical violation? Add: What is meant by "storing all of its data in the cloud"?

substantive law

The law that defines the rights and duties of individuals with respect to each other and society is often referred to as:

The court in which the case is brought must have jurisdiction; a person does not have jurisdiction.

The legal concept of ________ requires that a party have a real and vested interest in the outcome of a case.

writ of certiorari

The most common way for cases to reach the U.S. Supreme Court is by requesting the court to issue a:

AAfPE

The national organization established in 1981 for paralegal educators and institutions with paralegal programs to promote high standards in paralegal education is:

Not specifically mentioned in the Constitution

The right to privacy is

procedural law

The rules that define how rights and duties are exercised and the courts work are sometimes referred to as

check the employer's web site to learn about the firm

The text recommends that in preparing for an interview you should

NFPA and NALA

The two largest paralegal organizations in the U.S. are:

Contingency fees are frequently used in personal injury cases.

The type fee that is based on an attorney's successful recovery in a lawsuit is:

Which legal defense to contract enforce-ability would be used in a case in which an elderly woman was strongly encouraged by her caretaker to enter into an agreement that would be detrimental to her financial well-being?

Undue influence

a. Hourly billing b. Contingency fee c. Fixed fee

Using the material in the chapter on fee arrangements, identify the type of billing that is being used in each of the following examples: a. The client is billed $200 per hour for a partner's time, $150 per hour for an associate attorney's time, and $125 per hour for a paralegal's time. b. The attorney's fee is one-third of the amount that the attorney recovers for the client, either through a pretrial settlement or through a trial. c. The attorney charges $250 to change the name of a client's business firm.

a. Paralegal manager b. Legal administrator c. Staff attorney d. Support personnel e. Partner f. Contract attorney

Using the material in the chapter, identify the following law office personnel: a. LaToya works as a paralegal in a large law firm. After twelve years with the firm, she was promoted and now oversees paralegal staffing, assignments, and professional development. b. Ani was hired by the partners of a large law firm to manage the day-to-day operations of the firm. c. Alicia is an attorney who works as an employee of Marsh & Martin, a law firm with 250 attorneys. She is not on the partnership track. d. Jamal is a file clerk for Wright & Goodman. e. Michael is a lawyer. He owns O'Dowd & O'Dowd LLP with his sister, Jane. f. Kathy is an attorney working on a document-review project in a mass tort litigation case for the BigLaw law firm. Her job will end when the project is completed.

a. Issues conflict. b. Family conflict. c. "Gift" conflict. d. Former client conflict.

Using the material presented in the chapter on conflicts of interest, determine which type of conflict of interest is presented in the situations below: a. A lawyer has a case pending before the state supreme court, advocating that divorced parents must obtain court permission for their children to move more than 300 miles from the other parent. The same lawyer takes a case for a client who wants to move 700 miles from the other parent, and he argues that the court does not need to grant permission. This case will likely end up before the state supreme court. b. Melissa is an attorney with a criminal law practice. She has a big case in which her client was convicted of violating the state's recently enacted medical marijuana law, and she is appealing his conviction to the state supreme court. Tom, her husband, is a paralegal who works for the state attorney's office and has been assigned to gather research opposing the brief that Melissa filed on behalf of her client. c. Attorney Sam prepares a will for a client; the will leaves the client's vacation home to Sam. d. A new client brings a case to attorney Mark and asks Mark to represent him. The case would require Mark to sue a former client whom he previously defended on the same issue.

1. Sole proprietorship 2. Partnership 3. Professional corporation

Using the material presented in the chapter on the organizational structure of law firms, identify the kind of law practices involved in the following scenarios: Rosa Suefentes practices immigration law. She owns her legal practice, the building, and the office furniture. She leases some office equipment. Rosa employs one secretary and one paralegal. 2.Mosabi Hamdei owns a general practice law firm with Hassam El-Khouri. They own equal interests in the firm, participate equally in the firm's management, and share jointly in its profits and losses. Hamdei & El-Khouri has three associates, six secretaries, and three paralegals who work for the firm. 3. Ajay Singh, Arun Patel, and Chandra Jindal need to limit their personal liability resulting from a potential legal malpractice claim against their partnership, not all of which will be covered by insurance. They file paperwork with the state to convert to an entity that, in most states, protects innocent partners from debts and obligations arising from negligence, which is the basis for a legal malpractice claim.

a. Mediation. b. Binding arbitration. c. Negotiation. d. Negotiation, resulting in a settlement agreement. e. Summary jury trial.

Using the materials presented in the chapter, identify the following methods of alternative dispute resolution: a. The parties to a divorce meet with a neutral third party who emphasizes points of agreement and proposes solutions to resolve their dispute. After several hours, the parties come to a solution. b. The parties to a contract dispute submit it to a neutral third party for a legally binding resolution. The neutral third party is not a court. c. The plaintiff and defense attorneys in a personal-injury case propose settlement figures to one another and their clients in an effort to resolve the lawsuit voluntarily. d. The attorneys from the personal-injury example above are able to reach an acceptable settlement figure of $100,000. They draft an agreement whereby the plaintiff gives up her right to sue in exchange for a payment of $100,000 by the defendant. e. A commercial dispute involving $95,000 in damages is filed in a federal court. The judge requires the parties' attorneys to present their arguments and supporting evidence, excluding witnesses, to the jury. The jury then renders a nonbinding verdict. Once the nonbinding verdict is rendered, the parties reach a settlement.

"Conflict Check" refers to the procedure a law office utilizes to insure that if it undertakes the representation of a potential client, there is no conflict with the other side of the litigation. This can occur if the "other side" is or has been represented by the firm or any member of the firm. "Work Product" is defined as an attorney's mental impressions, conclusions, and legal theories regarding a case being prepared on behalf of a client. Work Product normally is regarded as privileged information.

Walling Off" is defined as the procedures specified by a legal firm used to create a screen around a legal employee to shield him or her from information about a case in which there is a possible conflict of interest. "Attorney-client Privilege" is defined as a "rule of evidence" that confidential communications between a client and his or her attorney (relating to their professional relationship) be kept confidential, unless the client consents to disclosure.

Amendment XIV Section 1, "All persons born or naturalized... are citizens of the United States. Section 2. "Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed."

What amendment changed #13? How was it changed?

The four elements of negligence are: The defendant owes a duty of care to the plain The defendant breached that duty. The plaintiff suffered a legally recognizable injury. The defendant's breach caused the plaintiff's injury. The duty of care for an ordinary person is that of a reasonable person in the same cir- cumstances. The duty imposed on a professional is to act consistently with his or her status. Thus, the professional must act according to the knowledge and skill that one in that profes- sion would use. In other words, professional training is taken into account. A doctor, lawyer, or other professional must act with the reasonable knowledge and skill expected of a doctor, lawyer, or other professional under the circumstances. The affirmative defenses to a negligence action are: Assumption of risk: This defense is available when the plaintiff knows of the risk and vol- untarily assumes it. Superseding cause: This defense is available when an unforeseeable intervening event breaks the connection between a wrongful act and an injury to another, relieving the de- fendant of liability. Comparative negligence: Most states apply this doctrine instead of contributory negli- gence. Here, the plaintiff's negligence and the defendant's negligence are computed and the liability for damages distributed accordingly. Some jurisdictions have adopted a "pure" form of comparative negligence that allows the plaintiff to recover, even if the extent of his or her fault is greater than that of the defendant. Many states' comparative negligence statutes, however, contain a "50 percent" rule by which the plaintiff recovers nothing if he or she was more than 50 percent at fault. Contributory negligence: This defense is available when the plaintiff is also negligent by failing to exercise reasonable care. It prevents recovery of injury by the plaintiff no matter how insignificant the plaintiff's negligence was. The contributory negligence defense is available in only a few jurisdictions. Defendants often defend against negligence claims by asserting that the plaintiffs have failed to prove the existence of one or more of the required elements for negligence.

What are the four elements of negligence? Why is the duty of care for professionals different from the duty of an ordinary person? What are the affirmative defenses to a negligence action?

Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation. Often breaches of the duty of compe- tence result from missed deadlines. Other breaches of competence can occur when, for example, erroneous information is included in a legal document that is filed with the court. Ways to avoid violations of the duty of competence include using organizational techniques, such as a calendar or tickler system, consistently; asking the supervising attorney for special instructions when uncertain of what to include in the document; obtaining adequate attorney supervision; and being especially careful in drafting and proofreading documents.

What does the duty of competence involve? How can violations of the duty of competence be avoided?

A statute is a written law passed by a legislature, such as the federal Congress or a state legislature. Statutory law is the body of written laws enacted by the legislature. An ordinance is a statute (law, rule, or order) passed by a city or county government unit to govern matters not covered by federal or state law. Any state law that is found to conflict with federal laws enacted by Congress will be deemed invalid. Because some powers are shared, however, it is necessary to determine which law governs in a particular circumstance. Concurrent powers are those shared by the federal government and the states, such as the power to impose taxes or to establish courts. Preemption occurs when Congress chooses to act exclusively in a concurrent area. In this circumstance, a valid federal law or regulation in the preempted area will take precedence over a conflicting state or local law or regulation. Often, it is not clear whether Congress, in passing a law, intended to preempt an entire area of law. In these situations, the courts must determine Congress's intention. No single factor determines whether a court will find preemption.

What is a statute? How is statutory law created? What is the difference between a statute and an ordinance? What happens when a state statute conflicts with a federal statute?

An intentional tort requires intent; it means that the actor intended the conse- quences of an act or knew or should have known that certain consequences would result from an act. The elements of assault are: (1) an act intended to cause an apprehension of harmful or offensive contact, and (2) an act that caused apprehension in the victim that harmful or offen- sive contact was imminent. The elements of battery are: (1) an intent to cause an unwanted contact, and (2) the un- wanted harmful contact. The elements of intentional infliction of emotional distress are: (1) outrageous conduct by the defendant, (2) intent on the part of the defendant, (3) severe emotional distress by the plaintiff, and (4) distress caused by the defendant. The elements of defamation are: A false statement, not made under privilege, that is communicated to a third person and that causes damage to a person's reputation. If spoken, it is slander; if in print, it is libel. Cyber torts are torts committed in cyberspace. Cyber torts are a kind of intentional tort against persons. However, it is difficult to prove that an online defamatory remark was "pub- lished," and the courts are having difficulty determining what tort duties apply in cyberspace.

What is an intentional tort? List the elements of assault, battery, intentional infliction of emo- tional distress, and defamation. How do intentional torts against persons differ from cyber torts?

Product liability is the legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods. There are three theories of product liability: Negligence: If a manufacturer fails to exercise due care to make a product safe, any per- son who is injured by the product can sue the manufacturer for negligence. Misrepresentation: When a manufacturer or seller misrepresents the quality, nature, or appropriate use of a product, and the user is injured as a result, the basis of liability may be the tort of fraud. Strict product liability: Under the doctrine of strict liability, a manufacturer that has exer- cised reasonable care can still be held liable if a product is defective and injures some- one. Strict product liability reflects the general principle that the law should protect con- sumers from unsafe and dangerous products. The affirmative defenses to a product liability suit are: Assumption of risk: The defendant must show that the plaintiff knew and appreciated the risk created by the product defect and the plaintiff voluntarily assumed the risk, even though it was unreasonable to do so. Product misuse: Defendants can also claim that the plaintiff misused the produc Comparative negligence: Liability for injuries resulting from negligent acts is shared by all persons who were guilty of negligence (including the injured party) on the basis of each person's proportionate carelessness.

What is product liability? What are the three legal theories for product liability suits? List and define the affirmative defenses to a product liability suit.

The duty of confidentiality is an ethical rule that comes from the Model Rules. It requires that all information relating to the representation of a client be kept confidential, unless the client consents after disclosure, or if one of the exceptions to the rule is met. The attorney-client privilege is a rule of evidence requiring that confidential communications between a client and his or her attorney (relating to a professional matter) not be disclosed unless the client consents. Privileged information is confidential client information that is more sensitive than other client information. Privileged information gives rise to the ethical duty of confidentiality, and it continues even if the lawyer decides not to represent the client. Some of the potential consequences of violating the confidentiality rule include the following: (1) disciplinary action may be taken against the attorney by the state bar association; (2) the client may bring a malpractice lawsuit against the attorney and possibly the legal assistant, or against the firm; and (3) the legal assistant may place his or her job—and possibly his or her career—in jeopardy by violating the confidentiality rule.

What is the duty of confidentiality? What is the attorney-client privilege? What is the relationship between confidentiality and the attorney-client privilege? What are some potential consequences of violating the confidentiality rule?

Neither state statutes nor the ABA Model Rules clearly define what constitutes the practice of law. This makes it difficult to predict with certainty what constitutes the unauthorized practice of law. Generally, state statutes regulate the practice of law, and court decisions define what constitutes both the authorized and unauthorized practice of law. These decisions indicate that certain types of activities, because they lie at the heart of the attorney- client relationship, can be performed only by attorneys. Thus, paralegals are prohibited from performing such activities. These activities typically include establishing attorney-client relationships; setting legal fees; giving legal advice or opinions; representing a client before a court unless authorized to do so by the court; and engaging in, encouraging, or contributing to any act that could constitute the UPL. It would be easy for paralegals to violate state statutes prohibiting the UPL by, for example, giving legal opinions and advice, failing to disclose paralegal status and thus being assumed to be an attorney by the client, establishing an attorney-client relationship, setting legal fees, appearing in court or before some agencies (this varies by agency rules), or working as an independent paralegal (in some states). The types of tasks that may legally be performed by paralegals include virtually any legal task that is supervised by an attorney, except for giving legal advice or representing a client in court. Paralegals may interview clients and witnesses, investigate legal matters, draft legal documents for attorneys' signatures, and represent clients before some state or federal agencies. Depending on state law, there may be more tasks that paralegals may perform. Tasks that are considered to constitute the practice of law are limited to attorneys.

What is the practice of law? How is the unauthorized practice of law (UPL) defined? How might paralegals violate state statutes prohibiting UPL? What types of tasks can legally be performed by paralegals?

The significance is that as early as the writing of the constitution in 1787, slavery was an important issue. The southerners wanted to count slaves to increase the region's representation in the U.S. House of Representatives. The northerners did not want slaves to count as it would dilute the North's representation in the House. The compromise was that slaves would be counted as 3/5of a person. This is a clear warning of trouble to come.

What is the significance that "three fifths of all other persons" are counted for purposes of representation? (Art I, §2, U.S. Constitution).

The supremacy clause states that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land." It is found in Article VI of the U.S. Constitution. Article I of the U.S. Constitution creates and empowers the legislature. Article II establishes the executive branch, the process for electing and removing a president from office, the qualifications to be president, and the powers of the president. Article III creates the judicial branch and authorizes the appointment, compensation, and removal of judges; and Article IV requires that all states respect one another's laws and otherwise establishes relationships between the states. Article V governs the process for amending the Constitution. Article VI establishes the Constitution as the supreme law of the land, and Article VII required the consent of nine of the original thirteen states to ratify the Constitution. The first ten amendments to the U.S. Constitution are known as the Bill of Rights. They were adopted in 1791 as a series of protections for individuals and, in some cases, business entities.

What is the supremacy clause and where is it located? Briefly describe each article of the U.S. Constitution. What is the Bill of Rights?

Law firms typically maintain client files, work product files, and forms files. The general procedures typically followed in regard to client files include opening a new client file, adding sub files, using and storing files, and closing and destroying old files. Proper file maintenance is crucial to a smoothly functioning firm. An efficient filing system helps to ensure that important documents will not be misplaced and will be available when needed. Filing procedures must also maximize client confidentiality and the safekeeping of documents.

What kinds of files do law firms maintain? What general procedures are typically followed in regard to client files?

The difference between courts of law and courts of equity has to do with the remedies that are available from each. Courts of law could grant economic remedies only: land, items of value, and money. Courts of equity evolved to provide additional remedies, based on fairness, that were not available through courts of law: specific performance, rescission, and injunction. Today, courts of equity and courts of law have been merged so that one court can award both legal and equitable remedies.

What remedies were originally available from courts of law? Courts of equity? Why did courts of equity evolve? Are the courts of law and equity still separate?

an ethical wall should be built, sometimes referred to as being "walled off", to avoid a conflict of interest

When a paralegal employed by one firm changes jobs and finds herself working for a firm handling the other side of a case that her previous firm handled, which of the following should occur?

Has the option of bringing a suit in either court Depending on the nature of the case, one court might be more beneficial than the other.

When a state and a federal court have concurrent jurisdiction, the plaintiff:

the paralegal works primarily in a particular area of the law

When one says a paralegal works in a particular specialty, this generally means

resume portfolio cover letter list of professional references (ALL)

When seeking employment, it's helpful to have which of the following?

American Arbitration Association (AAA)

When you went to the www.adr.org Website, you found information about:

a, c, and d.

Which of the following actions should you take as a paralegal to avoid charges of engaging in the practice of law? a. Include the title "paralegal" when signing letters and e-mails. b. Introduce yourself without using your title in meetings with clients. c. Include the title "paralegal" on your business cards. d. Disclose your status as a paralegal when communicating with a court.

injunction and specific performance

Which of the following choices are both equitable remedies?

County court This is the lowest level trial court. (It includes small claims court.)

Which of the following courts would be the lowest in Florida?

Damages are only awarded as the result of a civil suit.

Which of the following is NOT a potential sanction by the Florida Bar Association for an attorney violating rules of conduct?

Paralegals should be certified within one year of entering the profession. Professionalism is an important element of ethical conduct.

Which of the following is NOT an element of the National Federation of Paralegal Association's (NFPA's) Code of Ethics?

When the information is relevant to defending against a client's legal action against the lawyer A lawyer may have to reveal otherwise confidential information in defending against a malpractice suit.

Which of the following is an exception to the confidentiality rule?

Setting legal fees

Which of the following paralegal actions would be considered an unauthorized practice of law?

correspondence received and sent in the case copies of bills for client expenses telephone messages copies of emails regarding the case all the items mentioned above should be kept to maintain a paper trail in the case!

Which of the following should be kept as part of the client file?

Rick Scott(R) and Marco Rubio(R)

Who are Florida's U.S. Senators?

The client

Who is considered the "owner" of the attorney-client privilege?

Matt Gaetz

Who is the U.S. Representative for District 1 in Florida? [l1_1]

Matt Gaetz

Who represents northwest Florida (District 1) in the U.S. House of Representatives?

Stare decisis means, literally, to stand by things decided. Under this doctrine, judges are obligated to follow the precedents established by higher courts within their jurisdiction. The doctrine of stare decisis became the cornerstone of American law because it was the foundation on which the common law system was based. Stare decisis created consistency, stability, and predictability in the decisions of the courts. Under the doctrine of stare decisis, judges are obligated to follow the precedents established by their own courts or higher courts within their jurisdiction. These precedents are called binding authorities. Binding authority is any source of law that a court must follow when deciding a case, including constitutions, statutes, regulations that cover the issue being decided, and court decisions that are controlling precedents within the jurisdiction. When no binding authority exists, courts will often review persuasive precedents, which are precedents decided in similar cases in other jurisdictions. This is called persuasive authority. Occasionally, courts will depart from precedent, if the precedent is based on a clearly erroneous application of the law or if the political and cultural environment has changed so significantly that the precedent is wrong. Sometimes there is no precedent on which to base a decision, for example, when a case involves a new technology. This is called a case of first impression.

Why is the doctrine of stare decisis the cornerstone of American common law and what is its relationship to binding authority? May courts depart from precedent? What is a case of first impression?

This is an example of a cybertort of defamation.

You log onto your favorite blog to see what's up with your friends. The blog states, "Mary Bass Jones was seen passed out on the street with an empty bottle of tequilla in her hand after leaving Big Daddy's Freakin' Club about 2 a.m." None of this blog post is true. Mary is a candidate for school board in an upcoming election. Which of the following is a correct statement of the law?

In an employee policy manual In smaller firms, however, this information may be unwritten.

You would most likely find information about vacation time:

The paralegal may not ethically sign the pleading.

Your attorney calls you at the law office one morning and asks you, her paralegal, to sign and file a pleading that day because her child is sick and she is not coming into the office.

Trademark

a distinctive logo

I offer to sell you my book for $15. You respond by saying, "I'll give you $10." Your response is:

a rejection of my offer and a counteroffer

g) Full Faith and Credit - Art IV, Section 1 of the Constitution provides the public acts, records, and judicial proceedings of every state shall be recognized by all other states. h) Impeachment- The act of (by a legislature) of calling for the removal from office of a public official, accomplished by presenting a written charge of the official's alleged misconduct. i) Equal protection- The 14th Amendment guarantee that the government must treat a person or class of persons the same a it treats other persons or classes in like circumstances. j) Due process- The conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case. k) Electoral college- The body of electors chosen from each state to formally elect the U.S. President and Vice President by casting votes based on the popular vote.

a) Writs: A court's written order, in the name of a state or other competent legal authority, commanding the addressee to do or refrain from doing some specified act b) Habeas Corpus: A writ employed to bring a person before a court, most frequently to ensure that the party's imprisonment or detention is not illegal. In addition to use to test the legality of an arrest or commitment, the writ may be used to obtain review of (1)the regularity of the extradition process, (2) the right to or amount of bail, or (3) the jurisdiction of a court that has imposed a criminal sentence. c) Militia: A body of citizens armed and trained, esp. by a state for military service apart from the regular armed forces; today, as used in the U.S. Constitution, the National Guard d) Ex post facto- Done or made after the fact; having retroactive force or effect. e) Marque and reprisal- A letter from Congress authorizing a private to a vessel to act as if it were a U.S. vessel and take reprisals on behalf of the government. f) Bill of Attainder - A special legislative act that imposes a death sentence on a person without a trial. A special legislative act prescribing punishment, without trial, for a specific person or group. Bills of attainder are prohibited by the U.S. Constitution.

Something of value given in exchange for a promise is

consideration

The difference between an associate and a partner is that an associate is a lawyer-employee of the law firm, while a partner is an owner. Associate attorneys are not partners and do not have an ownership interest in the firm. They are usually less experienced attorneys and may be invited to become partners after working for the firm for several years. A staff attorney is hired by a firm as an employee. These attorneys have no ownership rights in the firm and will not be invited to become partners in the firm. Law clerks are generally law students working as apprentices with the firm to gain practical experience. The administrative tasks of a law firm are handled either by a legal administrator or an office manager. The work of paralegals in a law firm is supervised by attorneys, office managers, and legal-assistant managers.

difference between an associate and a partner? Are there attorneys in other roles in law firms? If so, what are their roles? Who handles the administrative tasks of a law firm? Who supervises the work performed by paralegals?

copyright

exclusive right to protect artistic works or written works

3. The courts which have original jurisdiction to hear civil actions arising under the Constitution, laws or treaties of the United States are

federal district courts - this is the trial court for federal matters

trade secret

includes customer lists, plans, formulas

patent

invention

Common Law

published appellate court decisions

Circuit Court - This court has jurisdiction of cases over $15,000. 1st District Court - This is an appellate court. Cases do not start here Chancery Court ( Equity Court ) - We have no Chancery courts in Florida.

state circuit courts - state courts do not hear federal matters

2. An appeal from the Santa Rosa County Circuit Court would normally be heard by:

the 1st District Court of Appeal - All state cases in NW Florida are appealed to the 1st DCA in Tallahassee.

Administrative Law

usually has rule making, enforcement, and adjudicatory responsibilities