paralegal final exam, LGAL 1313
Discovery is the process by which each side finds out the extent and the nature of the information the other side has.
True
In a case of Diversity of Citizenship Jurisdiction where there are multiple plaintiffs each plaintiff's claim must have an amount in controversy that exceeds $75,000
True
Discovery is the process by which each side finds out ___________________.
WHAT INFORMATION THE OTHER SIDE HAS
Battery
a physical act that results in harmful or offensive contact with another person without that person's consent. 2. In tort law, the intentional causation of harmful or offensive contact with another's person without that person's consent
Interventions
a procedure to allow a nonparty, called intervenor (also spelled intervener) to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants
criminal cases involve ____
a question of guilt
warrantless
carried out without legal or official authorization
Laws that deal with harm to an individual.
civil law.
A legally enforceable promise is known as a
contract
In the citation "Brown v. Board of Education, 347 U.S. 483 (1952)," "U.S." means the case:
is reported in the "United States Reports" series of reporters
when conducting an investigation, a paralegal ______
may not secretly tape record the witness
According to the ABA definition a paralegal:
may qualify through training, education, and experience.
the official collection of the transcripts, pleadings, and exhibits from the trial
record
Bail
the amount of money defendants must post to be released from custody until their trial. Bail is not a fine. It is not supposed to be used as punishment. The purpose of bail is simply to ensure that defendants will appear for trial and all pretrial hearings for which they must be present
Robbery
The unlawful taking of property from the person of another through the use of threat or force
A balloon mortgage is a mortgage with low fixed payments ending with ______________.
A LARGE FINAL PAYMENT
Hearsay is ________________
A STATEMENT WHICH CONSISTS OF A NARRATION BY ONE PERSON OF MATTERS TOLD HIM BY ANOTHER
Because of the growing backlog in the court system, many individuals and business entities use ADR which stands for _________:
ALTERNATIVE DISPUTE RESOLUTION
Precedent is a term for a court decision that provides ___________________.
AN EXAMPLE OF AUTHORITY FOR DECIDING SUBSEQUENT CASES
The U.S. Court of Appeals is a/an _______ court.
APPELLATE
Person or entity that files a lawsuit against another is called
Plaintiff
In personam jurisdiction
courts' power to adjudicate matters directed against a party
which of the following kinds of evidence would always be admissible in court
direct evidence
contracts have to be signed under seal to be enforceable
false
What is attorney/client privilege? Define and please give an example.
Attorney/client privilege is a subset of client confidentiality, and only applies when a client makes a statement to an attorney of their staff in the context of seeking legal advice AND no unnecessary persons are around. One example of this is that you cannot bring friends into interviews with you.
What are the differences between an attorney and a paralegal?
Attorneys need to go to law school (ar at least pass the bar exam, depending on the state), must be licensed and pass a background and ethics test, and can work alone or with others. Paralegals do not have formal licensing requirements, can have any combination of school, training, or work-experience, and must work under the supervision of an attorney.
Federal courts have exclusive jurisdiction in cases involving ____________.
BANKRUPTCY
Case law consists of Rules of Law that are ______________.
BASED ON PREVIOUS CASE
How are statutes and administrative regulations different?
Because administrative laws are more detailed and directed at a specific group.
Why is it important to know if your client's facts are analogous to or distinguishable from those in prior court decisions?
Because if they are analogous it is likely that the client's result in their case will be similar to the result reached in prior cases. If they are distinguishable, it is likely the result in the client's case will not be the same as results reached in prior case.
Why are administrative agencies referred to as the fourth branch of government?
Because it combines legislative, executive and judicial functions.
Why is the judicial review so important to our legal system?
Because it is up to the court to determine what the constitution means and whether laws passed by the legislature branch are constitutional and whether the law is valid.
Why do constitutions and statutes frequently include ambiguous language?
Because legislatures cannot foresee all possible circumstances that might arise and to avoid creating conflicts among the legislation.
Why do attorneys keep two separate types of bank accounts?
Because one account is for daily operating expenses and the other is for the deposit of client funds which are only withdrawn as the firm earns the fees.
What is the standard of proof in a criminal case?
Beyond a reasonable doubt.
What is attorney work product? Define and please give an example.
Attorney work product refers to an attorney or paralegal's impressions, thoughts, and strategy relating to a client of their case.
How does attorney-client privilege differ from the ethical rules regarding confidentiality?
Attorney-client privilege differs because for it to apply the client must speak directly to his attorney or his employee with no unnecessary third party present.
Is the law involved is federal, state or both. Please explain why: A person is liable for slander if that person intentionally says that someone is a thief when she knows it is not true.
Federal because this is a freedom of speech issue.
What is the power of judicial review?
It is the court's power to review statutes to decide if they conform to the federal or a state constitution.
What is the systems of checks and balances in our government?
It is the set of limitations on the three branches of the Federal government.
What does it mean to say common law has been codified?
It means the common law has been enacted into statutes.
What does it mean when a statute is in derogation of the common law?
It means the common law was changed through legislation.
What does Pro Se mean?
It means to represent yourself.
US Code Annotated an unofficial publication.
It provides the text of the act (language used in the U.S.C.), key numbers and topics, index, popular name table, and citations to secondary sources and case law.
How does the doctrine of separation relate to our system of checks and balances?
It relates to our system of checks and balances as each branch acts as a check on the power of the other two branches, thereby maintaining a balance of power among the three branches.
A writing setting forth the disposition of the trial court's judgment (such as affirm, reverse, reverse and remand, etc.)
Judgment
Court's final written decision in the lawsuit, based on the judge's application of the law to the true and/or undisputed fact (only the judge, not a jury, applies the law to the true and/or undisputed facts
Judgment
As a part of his or her duties a paralegal may:
interview clients and witnesses
Under state laws prohibiting the unauthorized practice of law, which of the tasks below can paralegals perform as long as his or her work is properly supervised by a licensed attorney, the supervising attorney maintains a direct relationship with the client, and the supervising attorney assumes full professional responsibility for the work product?
interview witness
When a person dies without a Will this is known as
intestacy
states law that specifies who gets the property loss someone who dies without a will
intestacy law
What is the separation in a court room called?
The bar
How do court's become involved in the legislative process?
The court becomes involved when disagreements arise over the meaning of the statute.
Who has the final say as to the constitutionality of a statute, the legislator or the court?
The court has final authority.
Who has the final say as to what a statute means, the legislative or the court?
The court.
Please name what the parties are called in the criminal case.
The state (the government accusing the person of a crime) and the Defendant (the one accused of committing a crime)
What is unauthorized practice of law? Define and please give two examples?
The unauthorized practice of law is defined as any activity performed by an unlicensed person that requires the application of specific laws to the facts of a case. For example, a paralegal cannot give legal advice.
In countries and states such as Louisiana that follow a code-law or civil code-law system judges are not bound to follow the decision of other courts in similar cases.
True
Most criminal laws, are state laws and there may be wide differences among the states about what behavior constitutes criminal behavior.
True
One of the disadvantages of our federal system of government is that people may be treated very differently from state to state.
True
Paralegals work in both public and private sectors:
True
Precedent is a court decision in a prior case of similar facts. Litigants use precedent as persuasive authority supporting their position or a judge's decision in a current case.
True
State courts share the responsibility for the application and enforcement of federal law.
True
The concept of Full Faith and Credit requires each state enforce the final judgments of all other states, regardless of substantive law and public policy from state to state.
True
The goal of local court rules is to supplement or govern conduct missed by the procedural rules.
True
The purpose of legal research is to find authority relating to issues that arise in the practice of law.
True
Bench trial
a legal proceeding in which a case is tried before a judge rather than a jury and the judge decides both questions of law and questions of fact.
Equity
a particular set of remedies and associated procedures involved with civil law
It is more likely than not that the defendant committed the wrong.
a preponderance of evidence.
Default judgement
a ruling granted by a court or judge when a defendant is summoned to appear before the court in a case brought by a plaintiff, but fails to respond to the court's legal order
Product liability is a concept in tort law that is generally considered to be:
a strict liability tort
someone appointed by the court to settle the estate of an intestate person
administrator
Affirm
affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath but is usually taken to avoid the religious implications of an oath; it is thus legally binding but not considered a religious oath.
Pleadings
certain formal documents filed with the court that state the parties' basic positions
your client is charged with robbery. During the course of the robbery, the thief took a diamond ring. It was later found in your client's apartment. As to the robbery, what kind of evidence would the ring be?
circumstantial
your client is charged with robbery. During the course of the robbery, the thief took a diamond ring. Your client was observed selling the diamond ring at a pawn shop. As to the robbery, what kind of evidence would the attempted sale be?
circumstantial
The evidence presented must be greater than a preponderance of the evidence, but not so stringent as beyond a reasonable doubt.
clear and convincing evidence.
Opening statements
the lawyer's first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant)
Complaint
the legal action in which one party (the plaintiff) sues another party (the defendant). Federal civil cases begin with the filing of a complaint
Booking
the process where information about a criminal suspect is entered into the system of a police station or jail after that person's arrest
this level of court hears evidence
trial
Administrative Agency
A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment.
Grand jury
A group of people selected to sit on a jury that decide whether to return an indictment. The grand jury is generally free to pursue its investigations unhindered by external influence or supervision. The grand jury assesses whether there is adequate basis for bringing a criminal charge against a suspect.
What is federal law? Please use an example.
A law that deals with a US Constitutional issue, a federal statute, or the regulations of an administrative agency.
Federal/state reporter:
A legal reference source primarily covering published decisions of federal/state appellate courts. The hard-bound volumes are consecutively numbered as they are published
search warrants
issued by the competent authority authorizing a police officer to search a specified place for evidence even without the occupant's consent
Supreme Court
the highest court in the United States, which has the ultimate power to decide constitutional questions and other appeals based on the jurisdiction granted by the Constitution, including cases based on federal statutes, between citizens of different states, and when the federal government is a party
Petit jury
sometimes called a traverse jury, is a body that is sworn in to try the facts of the case. A petit jury is usually composed of twelve members and can be no less than six
The material talks about remedies in a civil lawsuit being either damages or relief in equity. Would the court ordering that he title be turned over to the plaintiff in spite defendants desire to back out. This remedy bin equity is called
specific performance rescission
In order for a party to a lawsuit to be eligible or qualified to bring suit the party's rights must be personally and immediately affected by the issues in the suit. This is called.
standing
compensate workers for employment related injuries even if workers was entirely negligent
state workers compensation
The type of case a particular court is authorized to hear is determined by its
subject matter jurisdiction
Real estate closing transactions and documents are regulated under __________.
HUD AND RESPA
Community property is property acquired by a ___________________.
HUSBAND OR WIFE
What does the law govern?
It governs everyday action.
What does Analogous mean?
Similar.
written decision of the court
opinion
Laws resulting from legislative enactment are categorized as:
statutory law
dies with a will
testate
What is a Cause of Action?
A viable reason to file a lawsuit. A claim that based on the law and the facts is sufficient to support a lawsuit.
Government branches
Judicial, executive and legislative
not being influenced by emotion prejudice
objective-adjective
Due Process
(law) the administration of justice according to established rules and principles
List four things that a paralegal can do in a law firm.
- Make calls and send correspondence on behalf of the attorney - Prepare documents for attorney review - Research legal issues/a case - Sit in on/perform client intake interviews
List four things that a paralegal cannot do in a law firm.
- Represent a client in court - Give legal advice - Prepare documents for the client - Solicit clients for the firm
What rights are included in the Bill of Rights? (Be specific).
- freedom of speech and press - right to bear arms (guns) - right to assemble/protest - freedom of religion - privilege against self incrimination - right to an attorney and trial by jury - safeguards against unreasonable search and seizure
Intermediate Courts Do Not
1) Retry the case 2) Hear new evidence or testimony 3) Substitute their judgment for the findings of facts made by the fact-finder after considering conflicting evidence
What are the requirements for becoming an attorney?
1. A bachelors degree; 2. A degree from an ABA approved law school; 3. Pass state bar exam; and 4. Be licensed.
What are the two major causes of conflict of interest?
1. A personal or business interest that suggests undivided loyalty cannot be given to a client; and 2. Past or present client representation that presents a conflict with the representation of a new client.
In what set of Reporters would one find opinions from the Louisiana Supreme Court?
Southern Reporters
What is the four step process for an overview of a legal problem?
1. Client interview (critical - what is the legal problem); 2. Identify the appropriate legal rules; 3. Apply the rules to the fact (legal reasoning); and 4. Taking action.
How do you erect an ethical wall?
1. Develop an educational program for employees that warns all employees of the firm about the importance of not sharing information; 2. Prohibit those with confidential information from discussing the case or client with others in the firm; 3. Restrict access to files; 4. Write a memorandum to personnel instructing them not to discuss the conflict matter with the conflict person; 5. Separate those working on the file from those with the information; 6. Circulate a policy statement concerning the specific wall; and 7. Notify the client.
What should a paralegal do if they suspect they have confidential information pertaining to the opposite side of a case?
1. Do not disclose any information relating to the representation of a client of the former employer; and 2. Do not work on any matter which was worked on for the former employer or which the paralegal has information relating to the representation of the client of the former employer.
What are the two primary functions of the constitution?
1. Establish the organization of government; and 2. Protect individual rights from governmental overreaching.
What are the four basic steps in analyzing a legal situation?
1. Gather information 2. Legal research 3. Apply facts to laws 4. Document results in writing
What tasks can an attorney perform that a paralegal cannot?
1. Give legal advice; 2. Make courtroom appearances; 3. Establish attorney-client relationships; and 4. Setting legal fees.
What elements must a plaintiff prove to win a legal malpractice case?
1. Must prove attorney-client representation existed; 2. The duty was breached by the attorney's negligence; 3. The negligence cause harm; and 4. The client's original claim would have succeeded but for the negligence.
What are the names of the two major paralegal associations?
1. National Federation of Paralegal Associations (NFPA); and 2. National Association of Legal Assistants (NAFA).
What are the rights protected by the first ten amendment?
1. Protection for freedom of speech and press; 2. Freedom of religion; 3. Privilege against self-incrimination; 4. The right to an attorney and trial by jury; and 5. Protection against unreasonable searches and seizures.
What are the various sanctions that can be applied to an attorney who violates the ethical code?
1. Reprimanded or censured which is an announcement that the attorney's conduct violated the code of ethics; 2. Suspension which means the attorney may not practice for a specified time; or 3. Disbarment which means the attorney's license to practice is revoked.
someone who states in writing or by speaking as a witness in a court of law that something is true
A deponent
What steps have NFPA, NALA, the ABA and various states taken towards the development of a set of ethical standards for paralegals?
1. bar regulations; 2. NALA or NFPA's ethical code; 3. By laws on the unauthorized practice of law; and 4. Directly by the tort law of negligence.
When did formal paralegal education begin?
1973
A patent is a grant by the U.S. government of the exclusive right to make, use, and sell an inventionfor _____________ years.
20
If a couple with children files for divorce in Louisiana, how long must they live separate and apart before judgment of divorce becomes final?
6 months
Under the rules of Louisiana Family Law how long must a person live in Louisiana before being allowed to file for divorce in a parish where one of the spouses resides?
6 months
What is the dollar amount required to be in dispute in order for federal courts to exercise diversity jurisdiction
75,000
What is common law?
A body of law that has evolved from judicial decisions in cases that do not involve constitutional, statutory or administrative regulation interpretation.
Arson
A crime at common law, originally defined as the malicious burning of the dwelling of another
Who has the right to use the title certified legal assistant?
A paralegal who has completed the requirements of NALA's voluntary certification program by passing the exam and completing five units of continuing legal assistant education every five years.
What is a freelance paralegal?
A paralegal who works as an independent contractor.
What is state action requirement?
A requirement that a defendant cannot be charged with a violation of constitutional rights unless the defendant was acting as an agent of a governmental entity.
What is an enabling act?
A statute establishing and setting out the powers of an administrative agency.
my cousin Vinny is the greatest lawyer movie of all time (in my instructor's opinion)
true
State agency cases under dispute are heard before a/an _____________.
ADMINISTRATIVE LAW JUDGE
Request for Admissions is the element of the process to get the respondent to___________________.
ADMIT OR DENY CERTAIN STATEMENTS
Ex post facto is a legal term meaning __________________.
AFTER THE FACT
Litigants are _____________________.
ALL PARTIES INVOLVED IN A LAWSUIT
Administrative Agency powers
Administrative agencies have executive, quasi-legislative, and quasi-judicial functions. They can enforce laws and regulations, create new regulations through the rulemaking process, and conduct adjudicatory proceedings involving violations of laws or regulations
What is the generally accepted definition of the practice of law?
An activity that requires professional judgment or the educated ability to relate law to a specific legal problem.
public defender
An attorney employed by the government to represent criminal defenders who cannot afford to pay for a lawyer.
Interpleader
An equitable proceeding brought by a third person to have a court determine the ownership rights of rival claimants to the same money or property that is held by that third person. Interpleader is a form of equitable relief
Indictment
An indictment formally charges a person with a criminal offense and contains the basic information that informs the person of the charges against them.
Party bringing the appeal, complaining that the lower court made one or more specified errors of law
Appellant
Court's power to review decisions of lower courts and make rulings about them without holding trials; intermediate courts of appeals exercise this jurisdiction
Appellate Jurisdiction (Trail Court)
Party defending against the appeal; pronounced (apple-lee)
Appellee
Which article of the constitution deals specifically with the legislature?
Article One
Which article of the constitution deals specifically with the judiciary?
Article Three
Which article of the constitution deals specifically with the executive?
Article Two
What is the definition of a paralegal?
Assists an attorney and, working under the supervision of an attorney, does tasks the attorney would do. A paralegal cannot give legal advice.
Federal Special Courts
Bodies within the judicial branch of government that generally address only one area of law or have specifically defined powers. The best-known courts are courts of general jurisdiction, which have unlimited trial jurisdiction, both civil and criminal, within their jurisdictional area. At the federal level, these are called district courts.
Torts are ______________.
CIVIL WRONGS
An action in the courts for several plaintiffs with a common complaint is known as a/an________________.
CLASS ACTION LAWSUIT
Validity in a contract may be related to _______________.
COMPETENCY OR MENTAL CAPACITY
Civil lawsuits commence with filing a ___________________.
COMPLAINT
Section 605(a)(1) of the Fair Credit Report Act (FCRA) is a quote from law designed to protect______________.
CONSUMERS
The terms "offer and acceptance" are closely associated with __________ law.
CONTRACT
Our legal system uses two main weapons to enforce its rules on behavior which are ________:
CRIMINAL PUNISHMENT AND CIVIL LAWSUITS
Homeland Security
Cabinet department that includes the Coast Guard, Border Patrol, FEMA, Transportation Security Administration, INS and the Secret Service. Established in 2001 in response to 9/11.
Why were equity courts created?
Equity courts were created where money is not what the litigant wants and for disputes regarding contractual obligations and to cease action.
What is client confidentiality? Define and please give an example.
Client confidentiality refers to the ethical rule that prohibits attorneys and paralegals from discussing the details of a client's case. An example is that a paralegal cannot go home to their partner and talk about which your clients.
What are some of the basic tasks that most traditional paralegals perform?
Communication with clients, research, drafting, case management, gathering and analyzing facts.
What is a conflict of interest? Define and please give two examples.
Conflict of interest refers to is the ethical rule prohibiting attorneys and paralegals from working opposing sides on a case. There are a few types... Concurrent conflict of interest: simultaneously representing adverse clients. Successive: Representing someone who is in an adverse position to a previous client Vicarious: If one lawyer at a firm is disqualified from representing a person, that means the everyone at the firm is as well.
Jurisdiction (Trial Court)
Court's power or authority generally
Original Jurisdiction
Court's power or authority to hear a case for the first time
Appellate Jurisdiction (Trail Court)
Court's power to review decisions of lower courts and make rulings about them without holding trials; intermediate courts of appeals exercise this jurisdiction
you are preparing a "friend of the court" brief. This is known as an "amicus curiae" brief
true
What are the requirements for becoming a paralegal?
Currently there are no minimum legal requirements.
The legal Latin term for new trial is ______________.
DE NOVO
Defendant's answer must be filed on time or plaintiff may get a/an _____________.
DEFAULT JUDGMENT
A person may not be convicted without ___________________.
DUE PROCESS OF LAW
Person or entity against whom a lawsuit is filed
Defendant
Federal Rules of Criminal Procedure
Detailed rules for criminal procedure drafted by federal judges and approved by Congress
What does distinguishable mean?
Different.
Discretion that U.S. and TX Supreme Courts have to select only those appeals that the courts want to hear and to decline to hear the rest. For the U.S. Supreme Court to hear an appeal, at least 4 justices on the U.S. Supreme Court must vote to hear it
Discretionary Review
Final procedural step taken by an appellate court with respect to the trail courts judgment
Disposition
U.S. Common law tradition originated in __________________
ENGLAND
In case citation, the lawsuit party names are usually ________________.
ENTIRELY CAPITALIZED
_______________ is a form of account held by an agent to deposit documents and funds in real estate matters.
ESCROW
The title __________, is sometimes written after an attorney's surname.
ESQUIRE (a title of courtesy, given to a lawyer and commonly appended to his/her surname)
______________ is every type of proof legally presented at trial.
EVIDENCE
Contracts that are completed, e.g., finished are said to be _____________.
EXECUTED
Alternative Dispute Resolution is designed to avoid ______________.
EXPENSE OF TRIAL
What does the executive branch of government do?
Enforces the laws.
The procedural rules for federal court cases are set forth in the:
FEDERAL RULES OF CIVIL PROCEDURE
Ownership interest in real property is divided into two groups:
FREEHOLD AND LEASEHOLD ESTATES
What does court of equity mean?
Fairness
A court is bound by common law rules even if they are not supported by logic or reason.
False
Common Law is limited to written published court decisions and specifically excludes traditions, philosophies and common sense.
False
Is the law involved is federal, state or both. Please explain why: A manufacturer of inherently dangerous products will be liable for any defective product that causes injury.
Federal, as it is a federal agency that deals with this.
Is the law involved is federal, state or both. Please explain why: No employer with ten or more employees may discriminate on the basis of race, color, religion, sex, or national origin.
Federal, because employment discrimination is forbade in the Constitution. State, because it is less than 16 employees.
Is the law involved is federal, state or both. Please explain why: Trucks traveling on interstate highways must be equipped with concave mud flaps.
Federal, because the law involves more than one state.
How does a Bill become a Law?
First, the congressman introduces the bill to Congress. The bill is sent to a committee where congressmen discuss and debate it and write it in legal language, or markup. If the markup passes with a majority of votes in committee, it then proceeds to the House/Senate floor. If the bill is scheduled for debate, and the speaker decides if it will be open or closed (no amendments). If a majority of that portion agree on the bill, it will proceed to the the other half. There, it will go through the same process whereby that house creates it's version of the bill. If it passes in the other half of congress, there will be a joint committee meeting to reconcile the changes. It will then go back to the House and Senate and IF it passes again, it will be sent to the president. If he signs it, it is then law. MOST BILLS DO NOT MAKE IT THIS FAR.
The federal court system and most state court systems consist of 3 levels, or tiers, of courts.
Highest (Supreme) Court, Intermediate Court of Appeals, Trial Courts
a paralegal answers an incoming call from a new client who needs legal advice immediately. The paralegal should respond as follows:
I'm a paralegal and I'll have the attorney get back to you
___________________ is the discrediting of a witness at trial
IMPEACHMENT
"In re" is used to replace the phrase of ________________.
IN THE MATTER OF
The information from a grand jury is called a/an______________.
INDICTMENT
Perjury is the act of ______________.
INTENTIONALLY LYING UNDER OATH
Critical Thinking
Identify legal issues, research case law statutes and to base decisions if there is a case.
Who are the principle parties in a lawsuit?
In a civil suit: plantiff and defendant. In a criminal case: Government (state/federal) and defendant
What does the judicial branch of government do?
Interprets the laws.
What is involved in the process of registration?
Individuals or organizations have their names placed on an official list kept by some private organizations or governmental agency.
What does IIED mean?
Intentional Infliction of Emotional Distress
Which of the following is a category of tort law?
Intentional torts Strict liability Negligence (All of these)
Officials who preside over intermediate courts of appeals and supreme courts
Justices (Trial Court)
A/an example of intellectual property is/are______________.
LITERARY WORK
Zoning, building and safety codes are examples of _______________.
LOCAL ORDINANCES
What is procedural law? Please use an example.
Law that regulates how the legal system operates. One example is how long someone needs to wait to file for divorce.
Which of the following states does not follow common law but rather follow a civil code
Louisiana
Which of the following states does not follow common law but rather follows civil law?
Louisiana
An affiant is a person who __________________.
MAKES AN AFFIDAVIT
Rights read to the criminally accused are the __________________.
MIRANDA Rights
What does the legislative branch of government do?
Makes the laws.
Requirement that intermediate courts of appeals hear all properly and timely filed appeals
Mandatory review
Fact that may affect the outcome of the case
Material Fact
What ethical rules govern attorneys?
Model Rules of Professional Conduct
Mediation is a method of settling disputes outside court using the services of a/an______ third party, who acts as a communicator between parties.
NEUTRAL
In bankruptcy, child support and student loans are examples of debts that must be paid, called_______________.
NON-DISCHARGEABLE DEBTS
Obligations incurred by students with regard to their education are considered ____________ debts in a bankruptcy proceeding.
NONDISCHARGEABLE
A long arm statute permits a state to obtain jurisdiction over ______________.
NONRESIDENT INDIVIDUALS
Which of the following organizations provides certification and continuing education for Paralegals which some employers may find important?
National federation of Paralegals association
an arrangement in which one person is the legal owner of property he/she must use for the benefit of another person
trust
Are the protections provided by state constitutions the sames as those given by the U.S. Constitution?
No because certain powers are explicitly granted to the federal government while all others are reserved to the states and the people.
Document that the appellant must file, along with applicable fees, to begin the appellate process; called a "notice" because a party has an automatic right of appeal to an intermediate court of appeals
Notice of Appeal
In contract law, if you advertise your car for sale at $1000, it is termed an _____________.
OFFER
OSHA
Occupational Safety and Health Administration, a government agency in the Department of Labor to maintain a safe and healthy work environment
Justices (Supreme Court)
Officials who preside over intermediate courts of appeals and supreme court 1) if no vacancies exist, 9 justices sit on the U.S Supreme Court 2) All justices on supreme courts normally hear every case.
A writing setting forth the reasoning underlying the court's conclusions
Opinion
The term lis pendens in a pleading notifies the reader of ________________.
PENDING LITIGATION
Bankruptcy proceedings begin with the filing of a __________ with the federal court.
PETITION
Written _________________ describe what the employer expects and what the worker gets if s/he
POLICIES AND PROCEDURES
State courts have exclusive jurisdiction in cases involving ______________.
PROBATE MATTERS
The ________________ is a written, signed form setting forth a bankruptcy creditor's claim, together with the basis for it.
PROOF OF CLAIM
Small group of justices (usually 3) from an intermediate court of appeals that presides over a particular case
Panel
What are the major differences between certification and licensure?
Paralegals are not licensed as it is not required. Certification verifies that they have successfully completed an educational program.
What is a paralegal's role in a law firm?
Paralegals are responsible for doing work under the supervision of an attorney that the attorney would normally need to do without them. some examples are researching cases and drafting documents.
What limitations on zealous representation are of particular importance to paralegals?
Paralegals may not talk to an adverse party who is represented by an attorney and they must always avoid any form of deception when dealing with persons outside of the law firm.
Document that a party must file with the highest court to request review of at the case.
Petition
Please name what the parties are called in a civil case.
Plaintiff (the person bringing the suit) and Defendant (the person being sued)
What is the doctrine of Implied Powers?
Powers not stated in the constitution but necessary for Congress to carry out other, expressly stated powers.
What is the standard of proof in a civil case?
Preponderance of the evidence.
Propounding interrogatories relate to which party
Propounding interrogatories relate to the party who is asking the questions.
Tenancy by the entirety is a phrase found in ___________________.
REAL ESTATE LAW
A grantee is the _________ of title.
RECEIVER
Procedures used to obtain documents are termed _______________.
REQUEST FOR PRODUCTION OF DOCUMENTS
What is Administrative Law?
Rules and regulations set forth by administrative agencies within the government like the FCC or the EPA.
Certificate of service is a requirement by the courts that the opposition has been: ____
SERVED
A _____________ entity is a business owned and operated by a single individual.
SOLE PROPRIETORSHIP
To bring a lawsuit before a court, a party must have _____________ which means the individual must have a sufficient stake in a controversy before s/he can bring a lawsuit.
STANDING TO SUE
Corporations fall under the control of ________________.
STATE STATUTES
Wills and probates are under the management of _______________.
STATES
Law is divided into these two main types: _____________________.
SUBSTANTIVE AND PROCEDURAL
The highest court in the U.S. is the ________ court.
SUPREME
A court that deals with the probate of wills and the settlement of estates is usually a _______________.
SURROGATE COURT
you have found work as a litigation paralegal. Which of the following is NOT likely to be one of your duties?
Sign the pleadings
your attorney says there is a case-on-point supporting his argument. On what principle does the court have to follow this case law?
Stare Decisis
States are responsible for their own civil procedure rules, but often use the federal rules as a guide.
State Rules of Civil Procedure
What is state law? Please use an example.
State law is any law made an individual state. It include torts, criminal behavior, contracts, marriage, and family matters. For example, one state may allow no-fault divorces while another may not.
Is the law involved is federal, state or both. Please explain why: To be valid, a contract for the sale of real estate must be in writing.
State, as defamation laws vary state to state. There is no federal defamation or libel law covering this.
Depositions are the _______________ of various parties and witnesses taken before the trial.
TESTIMONY
A Writ of Certiorari, is a written order encountered in and used by courts of last resort, specifically________________.
THE U.S SUPREME COURT
CONVEYANCE IS A WORD DESCRIBING
TRANSFERRING TITLE TO REAL PROPERTY
It is reasonable to say that common law is judge-made law
TRUE
Fiduciary literally means . ______________.
TRUST
A person appointed by the Bankruptcy Court to collect money owed by the debtor isa/an________________.
TRUSTEE
What role does the ABA play in paralegal education?
The ABA helps establish standards for educators and paralegal programs.
Which amendment states that the powers not specifically delegated to the federal government are reserved to the states?
The Fourteenth Amendment
What is legal reasoning?
The application of laws ot the specific facts of a case.
What is legal reasoning?
The application of legal rules to a client's specific factual situation also known as legal analysis.
What is the doctrine of incorporation?
The application of the fourteenth amendment's due process protections to incorporate the provisions of the Bill of Rights and make them applicable to the states.
reverse
The decision of a court of appeal ruling that the judgment of a lower court was incorrect and is reversed. The result is that the lower court which tried the case is instructed to dismiss the original action, retry the case, or is ordered to change its judgment
What is the doctrine of separation of powers?
The division of governmental power among the legislative, executive and judicial branches.
Define Separation of Powers.
The division of power within the government. Each branch has a system of checks and balances to make sure no one branch controls everything.
What is federalism?
The division of powers between states and the federal government.
Which of the following statements best describes the Paralegal Advanced Competency Exam?
The exam was developed as a measure to gauge the competency level of experienced paralegals.
Good legal writing states all that needs to be communicated in the clearest and most direct manner, which leaves no opportunities for creative thought.
True
What is the Bill of Rights?
The first 10 amendments to the US Constitution. They limit the powers of the federal government.
Arraignment
The first step in criminal proceeding where the defendant is brought in front of the court to hear the charges and enter a plea
Direct
The initial questioning of a witness, by the party that called them to the stand. Generally followed by an opportunity for cross examination.
What is the Statute of Limitations?
The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
What is the major justification for enforcing the unauthorized practice of law statutes?
The major justification is that lawyers are governed by ethical restraints.
What is substantive law? Please use an example.
The meat of the law, it creates right and duties. One example might be a speed limit on a certain road.
What does attorney-client work product doctrine protect?
The mental impressions and creativity of the attorney and paralegal.
In a malpractice case, what does it mean to say that the plaintiff must prove a case within a case?
The plaintiff must prove that if it had not been because of attorney negligence the plaintiff would have won the case.
Complaint
The pleading that starts a case. Essentially, a document that sets forth a jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for judicial relief.
Petition for Certiorari
The primary means to petition the court for review. usually argues that a lower court has incorrectly decided an important question of law, and that the mistake should be fixed to prevent confusion in similar cases
What is Stare Decisis?
The principle that, once a court has decided one way on a legal issue, it is likely that they and other district courts will decide that way again.
Federal Rules of Civil Procedure
The rules controlling procedural matters in civil trials brought before the federal district courts.
How are statutes and administrative regulations similar?
They are similar because they both law down rules designed to regulate future conduct.
How do document preparers, LLLT's and lay advocates differ from traditional paralegals?
They differ because they deal directly with the public without attorney supervision.
What should paralegals do to avoid the unauthorized practice of law?
They should not be responsible for establishing attorney-client relationship, for establishing the amount of a fee to be charged for legal services and not to give legal advice to a client.
What is the function of an ethical wall?
To isolate the employee from any participation in the case that would otherwise cause a conflict of interest.
What special powers were equity courts given?
To take action such as issuing injunctions and ordering specific performance.
Either the judge or a jury decides disputed issues of fact in which court
Trial Court
The parties present witness testimony and other evidence at which court
Trial Court
Type of court that usually hears a case for the first time.
Trial Court
A Mortgage is a type of security agreement
True
At the conclusion of the trial, if the losing side is unhappy with the outcome, it is entitled as a matter of right to appeal its case to the Circuit Court of Appeals. Federal as well as State of Louisiana.
True
Exculpatory evidence tends to show the accused did not commit the offense.
True
this is the appellate court for federal actions
U.S. Circuit Court of Appeals
Rescission is a remedy to
UNDO A CONTRACT
Fact regarding which a trial is unnecessary because either: 1. the parties do not dispute the fact - i.e., they agree or stipulate that the fact is correct or 2. No admissible evidence exists to contradict the fact
Undisputed Fact
Once a jury has reached a decision, it issues a ___________ in favor of one of the parties.
VERDICT
Each attorney will question prospective jurors in a proceeding known as _______________:
VOIR DIRE
remand
When an appellate court reverses the decision of a lower court, the written decision often contains an instruction to remand the case to the lower court to be reconsidered in light of the appellate court's ruling
Common law
a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law
Vernon Statutes
a comprehensive research tool for anyone desiring instant access to Texas codes, civil statutes, and constitution. This multivolume set is extensively annotated with legislative history materials that are relevant to specific statute sections
neighboring property owners dispute whether or not a written and recorded easement grants certain rights. What type of action would most likely be filed to settle this dispute
a declaratory judgment action
any of the following actions can result in either criminal or civil charges being filed against a client. Which of the actions is most likely to result in a civil lawsuit?
a drinking and driving accident that led to significant property damage
Summons
a form prepared by the plaintiff and issued by a court that informs the defendant that they are being sued or are required to appear in court. It may be served by a sheriff or other authorized person, such as the process server
In a criminal case, among the elements the prosecutor must prove is mens rea, which means:
a guilty mind constituted by the state of mind or intent of the defendant.
Majority opinion
a judicial opinion that is joined by more than half the judges deciding a case
Ordinance
a law or decree by a municipality
Exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial. 4 exceptions to the exclusionary rule: the impeachment exception, the independent source exception, the inevitable discovery exception, the good faith excep- tion, the harmless error exception, and the rule of attenuation
Public Defender
a lawyer employed at public expense in a criminal trial to represent a defendant who is unable to afford legal assistance
Attorney-client privilege
a legal privilege that works to keep confidential communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath.
evidence that can be touched may be referred to as tangible, demonstrative, or physical
all of the above
Still other governments have legal systems that operate under
all of the above: religious, communist ,socialist
Administrative hearing officers/judges
also known as an administrative law judge. These officers work within the government to decide cases through different agencies
a written statement where one swears that a party (or witness) has been served with legal documents is called _________
an affidavit of service
Plea bargaining
an arrangement between a prosecutor and a defendant whereby the defendant pleads guilty to a lesser charge in the expectation of leniency.
what is the difference between an interrogatory and a disposition?
an interrogatory consists of written questions, while a deposition is an oral statement made under oath
this level of court has multiple judges
appellate
this level of court reviews lower court records
appellate
Currently to perform duties of a paralegal you:
are not required to be licensed as lawyers are.
The results of an investigation:
are protected by the ethical duty of confidentiality.
under Texas law, in the absence of any statutory right, which of the following remedies for breach of contract must be included in the contract in order to be recoverable?
attorney fees and costs
communication between a paralegal and the client is protected by the ___
attorney/client privilege
anything a court can or must rely on deciding the case before it (the case at the bar)
authority
According to Patrick Scott, federalism is primarily about the relationship:
b/w the national government and the states
The evidence presented must be so conclusive and complete that no reasonable doubts regarding the facts remain.
beyond a reasonable doubt.
a court must follow ___
binding-authority
What publication sets the standard for citation practice followed by the large majority of U.S. lawyers.
blue book
contain court decisions in chronological order united states report- official reporter
case reporters
marriage without a civil or religions ceremony. 1)cohabitation. 2) agreement to marry. 3) representation of marriage of others
common law marriage
Texas Administrative Code
compilation of all state agency rules in Texas
The _________ allows a legislature to create agencies to assist in areas that require expert skill and oversight.
constitution
Paralegals may be called on to research primary authority, such as:
court decisions
kidnapping
crime at common law consisting of an unlawful restraint of a person's liberty by force or show of force so as to send the victim into another country. Under modern law, this crime will usually be found where the victim is taken to another location or concealed.
Laws that deal with harm to society as a whole. Some examples are laws pertaining to homicides or robbery.
criminal law.
In the early years when courts would often base their decision on what was the norm in the community. This is one of the earliest sources of law and is known as ________________
custom
Answer
defendant's first pleading in a case, which addresses the dispute on the merits and presents any defenses and counterclaims
this kind of evidence does not require an inference
direct
which of the following can be admissible
direct and circumstantial
employer can terminate a will employment or employee at any time, even without cause
employment of will
Sometimes it's possible for a federal court to hear a case involving a state law These cases are called
equal protection
Procedural Laws
establishes the rules of the court and the methods used to ensure the rights of individuals in the court system
what conditions must be met for a judge to grant a motion for summary judgment
evidence establishes that there is no genuine issue of material issue of fact such that the moving party is entitled to judgment
Corroborative Evidence is evidence
evidence that supports the testimony of another witness
Federal courts have _________________ jurisdiction over bankruptcy cases.
exclusive jurisdiction
someone name in a will to carryout its instructions
executor
Due Process
fair treatment through the normal judicial system, especially as a citizen's entitlement
Any person can own property in the United States without limitation.
false
Attorney-client confidentiality does not apply to alternative dispute resolution forums
false
In a Texas state court proceeding, once a defendant is served with process, her answer is due by the close of business on the first Monday following the expiration of 20 days from the date of service
false
a paralegal may represent a client in court if the attorney who employees the paralegal authorizes her to do so
false
any litigant in Texas has the absolute right to have the Texas Supreme Court hear her case?
false
the American Bar Association Disciplinary Rules are binding on a Texas paralegal
false
the decision of the 5th Circuit Court of Appeals is binding on the Texas Supreme Court
false
Dana Defendant wants to appeal the breach of contract judgment against her in the 151st Judicial District Court of Harris County to the Houston Court of Appeals. She should
file a notice of appeal
A paralegal may not ___
give legal advice
a paralegal is allowed to ____
give non-legal advice
Open Records Act
gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want them. All government information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information
West Publishing's Digest System uses something called ________________ to broadly categorize every court decision
headnote
a brief summary of part of a court decision prepared by editors, not itself law
headnote
A written or oral communication made out of court and used to assert the truth of the matter therein is called
hearsay
the in-court testimony of an out-of-court statement made by someone other than the in-court witness offered to establish the truth of the matters asserted
hearsay
a brief statement of a court conclusion of law in a case
holding of a case
writ
in common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction
jurisdiction over a person who consents to be subject to it
in personam
When the subject matter of the suit relates directly to property located within a court's geographic boundary lines, that court has
in rem jurisdiction
Circumstantial Evidence is an example of
indirect evidence
Once the editors at West Publishing have broadly categorized each decision the editor will more specifically group a decision through the use of something called ___________
key number
Opponents of mandatory license for paralegals argue:
laws governing unauthorized practice of law are sufficient to regulate paralegal activities.
The word "paralegal" can be used interchangeably with the term.
legal assistant
Stare decisis
legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case
the formal and technical language of legal documents that is often hard to understand
legalese
A state may change or completely abrogate rules of the common law by
legislative act
to protect the insured person in case of a lawsuit for injury or property loss
liability insurance
skip tracing means ______
locating a missing client or witness
Standing
locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case
Money that must be placed in a client trust account includes:
money belonging to a client, such as insurance payments.
a number of events take place as part of discovery in a lawsuit. Which of the following is not one of them?
motion to dismiss
In regard to the exercise of jurisdiction over an out-of-state defendant, a forum state's court:
must be satisfied that the defendant has had minimum contacts with the forum state.
Prince runs a red light at the corner of Richmond and Kirby and hits Michael Jackson while he is moon walking through the intersection. The King of Pop has a possible claim against Prince for
negligence
a client desires to neither admit to nor contest the charge that has been brought against him. What is the proper Latin phrase to describe his plea
nolo contendere
a judge has entered judgment and awarded damages to a client who incurred no financial losses as a result of the conduct underlying the case. What is the proper term for the kind of damages the judge has awarded
nominal damages
a reasonable basis to believe that a person has committed a crime is called: - proximate cause - burden of proof - stare decisis - none of the above
none of the above
an attorney is allowed to engage in activity that is - illegal - blatantly unethical - fraudulent - none of the above
none of the above
how many trial level courts are there in the federal judicial system
one
witness statements taken by a paralegal may be recorded ____
only if the person being interviewed is aware and agrees to be recorded
only this counts as law in court opinion document
opinion itself
______________________ is a concept in property law that refers to the right to exclude others.
ownership
when the accused and the prosecutor in a criminal case negotiate a disposition of the case
plea bargain
no judge identified as author of opinion
per curiaim
When working as a paralegal, you:
perform legal work for a lawyer is responsible.
When working as a paralegal, you:]
perform legal work for which a lawyer is responsible.
as to a Texas State District court, an Oklahoma supreme court decision is
persuasive authority
court can follow _____ if it wishes
persuasive authority
a lawsuit has been filed and the summons has been delivered to the defendant. He fails to file an answer within the time frame set by the court. What happens next?
plaintiff's counsel will file a motion for default judgment
name of a document authorizing someone to act as you agent, not as your lawyer
power of attorney
There are only certain things that only the federal government can regulate. This is called:
preemption
a paralegal has been asked by her attorney to file an appeal from a final order of the trial court. Which of the following is the first step that should be taken by the paralegal?
prepare the notice of appeal for filing
Designing an effective and efficient investigation plan begins with:
preparing a series of questions that must be answered to achieve the goals of the investigation.
____ refers to a case in which pre-trial evidence was reviewed by a judge and determined to be sufficient to warrant the trial
prima facie
state the law itself (constitutions, statutes court decision)
primary sources of law
Delegation doctrine
principle limiting Congress's ability to transfer its legislative power to another governmental branch, especially the executive branch
The purposes of _________________________ proceedings are to determine the validity of a will, to collect and preserve the assets of the decedent, to pay from the estate all expenses and outstanding debts of the decedent, and to distribute the remaining assets to those who are entitled to receive them
probate
Supremacy Clause
prohibits states from interfering with the federal government's exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government
The purpose of legal citation is to:
provide brief, effective, and precise information to professionals who read legal documents.
Freedom of Information Act
provided the public the right to request access to records from any federal agency
Burden of Proof - Criminal
proving his case beyond a reasonable doubt. the legal burden of proof required to affirm a conviction in a criminal case
Burden of Proof - Civil
proving his case by a preponderance of the evidence. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true
when interviewing a witness, one should generally ______
pursue the client's interests
brief statement of courts conclusion of law in the case before it
reasoning holding
Commerce Clause
refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes
after the parties sign a contract, a party finds that the contract fails to express the intention of the parties due to mutual mistake. The contract is rewritten by the court to clarify and correct the errors. What is the proper name for this process?
reformation
when interviewing a client, a paralegal should generally _______
remain neutral
which of the following is a paralegal allowed to do?
represent him or herself in court
an employer is strictly liable for employees torts committed within the range of their duties
respondent superior
anything else helpful in legal research, legal encyclopedias, legal dictionaries
secondary sources
sequestering the jury
separating jurors from other people, keeping the individuals deliberating the verdict away from outside influences that could potentially sway their opinions
a brief synopsis of the entire case headnotes. - name of the consul - name of the judge or justice authorizing - court opinion
syllabus
a paralegal is most likely to inadvertently violate attorney-client privilege in which of the following circumstances?
talking about your day in court at the bar with your friends, and talking to the client on the phone while you are in an elevator with others
Equal Protection Clause?
the 1st part of the Fourteenth Amendment contains the equal protection clause. This mandates that no state shall "deny to any person within its jurisdiction the equal protection of the laws." This clause has proved to be central in ending and preventing government discrimination based on race and gender
Most states use _______________________ to regulate the conduct of attorneys.
the Model Rules of Professional Conduct
Double jeopardy
the act of prosecuting a person twice for the same offense
which of the following is not part of a summons and service of process
the answer
an attorney asks you to check the validity of a case he cites in his brief. You Shepardize it. Which of the following case histories indicate that the case is no longer good law?
the case was vacated on appeal
the attorney you work for is trying to prove that a contract her client signed is invalid. Which of the following conditions would have to be true for this to be the case?
the client was a minor at the time the contract was signed
Code of Federal Regulations
the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government
mayhem
the criminal act of disabling, disfiguring or cutting off or making useless one of the members (leg, arm, hand, foot, eye) of another either intentionally
Closing statements
the final address to the jury by the attorney for each side of a case in which the attorney usually summarizes the evidence and his or her client's position
Bill of rights
the first 10 Amendments to the Constitution that guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion. It sets rules for due process of law and reserves all powers not delegated to the Federal Government to the people or the States
Embezzlement
the fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come
In civil litigation, discovery is self-executing, which means:
the parties implement discovery procedures on their own with little intervention from the court.
In rem jurisdiction
the power of a court over an item of real or personal property
Voir dire
the process used by the parties to select a fair and impartial jury. During voir dire, the jury panel is questioned by both parties' lawyers. The questions are intended to help the lawyers in the jury selection process
dissenting opinions
the separate judicial opinion of an appellate judge who disagreed with the majority's decision explaining the disagreement
concurrent opinion
the separate judicial opinion of an appellate judge who voted with the majority. Concurrences explain the appellate judge's vote and may discuss parts of the decision in which the appellate judge had a different rationale
Substantive Laws
the set of laws that governs how members of a society are to behave
for a paralegal to provide legal advice to the public would most likely be to engage in ___
the unauthorized practice of law
Extortion
the wrongful use of actual or threatened force, violence, or intimidation to gain money or property from an individual or entity. Extortion generally involves a threat being made to the victim's person or property, or to their family or friends.
The law of persons deals with
those rights that protect the personal interests, physical integrity, health, and respect for individual liberty and personal relations
a plaintiff will state the "relief" he or she is seeking in Plaintiff's original Petition
true
Discovery tools
three primary written discovery tools are interrogatories, the request for production of documents, and the request for production of documents to a non-party. Additional tools of discovery include: depositions; subpoenas duces tecum; physical and mental examinations.
If you are pursuing an informal investigation, methods of investigation you could use include investigation:
through correspondence and computer
Initial interview
to identify the client's problem. and to gather enough facts to identify a range of appropriate ways to address the problem
Stare Decisis, is a Latin term meaning
to stand by the decided matters
agreement between nations
treaty
this level of court may have a jury
trial
this level court has only one judge
trial court
In an effort to protect a party from having to pay the same claim twice, interpleader is allowed in federal courts, particularly when a party is uncertain who the proper claimant is.
true
Alternative Dispute Resolution
usually an umbrella term for processes, other than judicial determination, in which an impartial person (an ADR practitioner) assists those in a dispute to resolve the issues between them
The geographic location within a jurisdiction where a trial should take place is called
venue
Cross examination
when the opposing party questions the witness. Cross-examination gives the opposing party an opportunity to point out the weaknesses of a witness's testimony, like holes in their story or a lack of credibility
specifies who gets the property to someone who dies
will
a paralegal is to give notice to a witness of a deposition under the Texas Rules of Civil Procedure. Which of the following are acceptable means to give notice of a deposition?
written notice by mail or email
Fraud
wrongful or criminal deception intended to result in financial or personal gain; intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right
