PREVIOUS TEST QUESTIONS
Which of the following would be mandatory for the North Carolina Supreme Court
**Only the US Supreme Court
How many trial level courts are there in the federal judicial system
1
This is an example of a form book
Am Jur POF
What does Am Jur 2d stand for
American Jurisprudence
ALR stands for
American Law Reports
The document which responds to the allegations contained in the complain
Answer
This is an example of a legal encyclopedia
CJS
T/F Form books such as POF are not typically....
False
T/F KeyCite is found in both WestLaw and Lexis
False
A paralegal's goal when researching is to
Find all relevant authority
You have found a valid case, it is found in 491 P.2d 892. Your attorney is arguing a matter in the US Court of Appeals, 4th Circuit. What kind of authority would the case be?
GUESS: Primary/Persuasive Wrong Answer: Primary/Mandatory
If your attorney is arguing a case in your state's trial court, and you find a relevant...court (usually called Supreme Court) what kind of authority would that be
GUESS: Primary/mandatory original answer: primary/persuasive << wrong
In which of the following books would the researcher never begin a research project
GUESS: Shepard's Wrong Answer: Of Shepard's, West Digests, & ALR, researcher could begin in all of them
Which of the following would be considered a legal periodical
GUESS: advance sheet Wrong answer: annotation from ALR
To interpret a court rule, statute or court opinion for a client directly is
Giving legal advice
The most common method, or system, of legal analysis is referred to as
IRAC
The judicial branch of government
Interprets law
When using WestLaw, what system, created for the Digests, could be used as a research tool
KNS
The research tool utilized by digests is the
Key Number System
Statutes are created by
Legislatures
Many states require arbitration in litigation. Such arbitration is:
Mandatory
You have found a valid case, it is found in 732 A. 2d 634. Your attorney is arguing a matter in the state trial court in Washington. What kind of authority would this be
NOT Primary/Mandatory Guess: Primary/Persuasive
Ann Marie has been called to testify. She saw and overheard Dean jumping up and down and screaming, "Lawyers are all unethical." Dean is now being sued for slander by the ABA. The plaintiff wants Ann Marie to testify. Will her testimony as to the conduct of Dean be considered hearsay?
No
If a researcher has obtained a Key Topic and Number from one digest, does s/he have to use the index in the other digests
No
Is the following a valid blue book citation: Ricky v. Wasserman, 456 F. Supp. 734 (Colo. Ct. App. 1988)
No
Harry and Beth are walking down the street one day when Beth suddenly starts crying "I can't hide it anymore. I killed my ex-bf, Mike." Harry goes to the police, and the police want to call Beth to the stand at trial. Will Beth's testimony as to her own statement be considered hearsay?
No - her own statement (Guess)
A case in an unofficial reporter would be considered what type of authority
Primary
When researching the main volume of CJS under Rape $691, where would you check the pocket part
Rape $ 691
Which of the following is a pleading
Reply
This is an example of a treatise
Restatements
Protecting data during the pre-litigation stage is called
Retention preservation
Digests are arranged
Topically
The legal research system of which Am Jur 2d is part of is called the
Total Client Service Library
This is the appellate court for federal actions
US Circuit Court of Appeals
If the top of the page in a reporter states that the researcher should "cite as..." what should the paralegal do
Use the information in the citation provided, but modify it to meet bluebook
Which of the following is a form of online legal research
VersusLaw, WestLaw, Lexis
Digests are fundamentally published by
West
Which of the following uses the Key Number System?
WestLaw
Which of the following is NOT an online research tool
WestLex
The element of a complaint that asks for damages is the
Wherefore clause; Ad Damnum Clause; Prayer for Relief
Is the following a valid citation: Smith v. Jones 625 P.2d 948 (Colo. Ct. App. 1988)
Yes
Is the following a valid citation: Smith v. Jones, 287 Mont. 593, 542 P.2d 98 (1978)
Yes
Is this a valid citations: Smith v. Jones, 538 Miss. 372, 288 So. 2d. 98 (1968)
Yes
A query is
a collection of words and phrases
When researching online, what is the first thing a researcher needs to locate
a database
Arbitration is
a pretrial process
Criminal cases involve
a question of guilt
ALR was designed by Lawyer's Coop Publishing, and therefore utilizes the Total Client Service Library, which is
a research system
A law book by a private individual on a specific single topic is
a treatise
In a memo or other legal writing, a paralegal should never quote which of the following
a. case b. statutes c. secondary sources D>> A paralegal could quote any of the above, although primary authority is preferred
In a West reporter, where are parallel cites often found
above the caption
In order to be heard by a jury, evidence must be
admissible
Hearsay is
admissible only under an exception
Where might a researcher look for a very recent case
advance sheets
With regard to advocacy, a paralegal should be
almost self-righteous, assertive
The document that responds to the complain is
answer
To ask a higher court to determine whether the lower court erred
appeal
Communication between a paralegal and a client is protected by what privilege
attorney/client
A paralegal should always rely on what in legal writing
authority
When analyzing a rule or statute, it is best to:
break the rule into elements, then apply each element individually
To synthesize authority, you might want to analyze what
case and statute together
Digests and the online KNS are best used to locate what kind of authority
case law
The system of legal analysis is used to analyze
cases and statutes
When validating a case, the case being Shepardized is considered the
cited authority
A cause of action may also be referred to as
claim for relief
Which of the following is an element of the complaint
conclusion
A claim made by one co-defendant against another co-defendant
cross claim
In online research, this is the equivalent of a publication in the law library
database
What form of discovery involves oral questioning under oath
deposition
What kind of evidence does not require an inference
direct
E-discovery stands for
electronic discovery
Special treatments added to the end of a word instructing the computer to search for multiple versions of that word are called
expanders/extenders
When conducting an investigation, a paralegal is primarily concerned with finding
facts
For citation purposes, a federal cite is a circuit is a collection of
federal districts
Legal research is about what
finding law
When researching in CJS in the law library one would almost always begin where
general index
A paralegal may not
give legal advice
Informal witness statements are generally
handwritten
Jurisdiction over property when the property is the controversy is usually
in rem
Jurisdiction over the controversy
in rem
When researching within a Digest in the law library, the researcher should begin where
in the index
One should start where when researching within most research books?
index
Functionally, Digests take the place of
indexes in Reporters
Which of the following is a form of discovery
interrogatories
When subscribing to online research sources, printing a case
is not free
Which of the following is spelled correctly for legal purposes
judgment
The power of a court to hear and decide a case
jurisdiction
Restatements are a form of:
legal treatise
When researching online using Westlaw or Lexis, the researcher should
login and out as quickly as possible
Authority which the court must follow is called
mandatory
In a memorandum, when should a paralegal quote headnotes from a case
never
Should you usually cite dissenting opinion
no
Digests would be considered
non-authority
The cite published by the government is the
official cite
When a portion of the appellate court sits to decide a case
panel of judges (or justices)
When there are multiple references to a single citation, they are referred to as
parallel cites
When the accused and the prosecutor in a criminal case negotiate a disposition of the case
plea bargain
Which of the following is always created with the intention to be filed with the court
pleadings
Which of the following is not an element of a complaint
position
Prior to conducting a legal interview, a paralegal should
prepare questions
A case or argument which is sufficient on its face
prima facie
A relevant statute would generally be considered what kind of authority
primary
The rule that a person may refuse to testify against him or herself is referred to as
privilege
The rule that holds that a person may prevent another person from testifying is
privilege
A reasonable basis to believe that a person has committed a crime is
probable cause
The point at which a series of incidents begin that results in an event with damages occuring
proximate cause
When interviewing a witness, a paralegal should
pursue the client's interest
Jurisdiction over property even though the property is not the controversy
quasi in rem
When interviewing a client, a paralegal should
remain neutral
What is generally considered to be the most respected form of secondary auth
restatements
While some administrative agencies may address hearsay, the hearsay rule is generally considered a part of
rules of court; rules of evidence
A failure to respond to discovery can result in
sanctions
A relevant quote from Am Jur 2d would be considered what kind of authority
secondary
Legal periodicals are generally considered what kind of authority
secondary
Treatise are generally considered what form of authority
secondary
When looking at a case in a reporter, the citation provided by the publisher
should not be trusted
For citation purposes, a region is a collection of
states
State and Federal codes contain what
statutes
This is the document that usually accompanies the complaint, that informs the defendant
summons
In the law library, digests are updated by
supplements (pocket parts)
Evidence that can be touched may be referred to as
tangible, demonstrative, physical
Advocacy is
the art of trying to get someone to do something
In proper citation form, when an abbreviation is provided in parenthesis, it alway refers to
the court
The difference between formal advocacy and informal is usually
the forum (place)
When researching in Am Jur 2d, one would almost always begin where
the general index
When researching in almost any secondary authority, one should generally start in
the index
Civil cases are pursued by
the individual or the party that was harmed
In a citation, this should come first (if there is only one)
the official cite
After researching in a main volume of ALR in the law library, the researcher should always check what
the pocket part
The official collection of the transcripts, pleadings, and exhibits from the trial
the record
For online research, what take the place of starting research in an index
the search query
When researching online, this is the equivalent of an index in the law library publications
the search query
After locating a relevant section in the main volume of Am Jur 2d, the researcher should always check what
the supplement or pocket part
To provide legal advice to the public is to engage in
the unauthorized practice of law
The index of the CJS leads the researcher to the main volume by the use of
topic and section number
This level court only has one judge
trial court
This is the collection of all pleadings, statements, witness lists, and discovery documents to help the attorney at trial
trial notebook
Form books such as Am Jur POF are considered secondary auth
true
T/F If a relevant Key Number is found in the headnotes of a case, using WestLaw, the researcher may click on it or use it in a search query to search in other databases
true
T/F there are multiple sets of restatements
true
When researching in form books in the law library such as POF...
true
A cite published by a private company, such as WestGroup or Lawyer's Cooperative is the
unofficial cite
Questioning prospective jurors to determine their fitness to sit for a case
voir dire
If a party loses at trial, does he or she always have the automatic right of at least one appeal
yes
Is a paralegal allowed to draft a legal memorandum for a supervising attorney
yes
Is a paralegal allowed to engage in legal analysis?
yes
Is a paralegal required to get permission of a witness when recording an interview
yes
Is it possible to Shepardize online
yes
Is the following a valid citation: Smith v. Jones, 542 F.2d 98 (10th Cir 1978)
yes
Is the following a valid citation: Smith v. Jones, 542 S.W.2d 98, 104 (Tex 1978)
yes
