Chapters 1, 2, &4

A litigation paralegal might work in which of the following settings?

A general law practice; A small litigation firm; A litigation department of a larger law firm

Examples of substantive law include which of the following?

A law prohibiting employment discrimination

Which of the following is an example of procedural law?

A law requiring that a complaint be filed to begin a lawsuit

Procedural law is law that does which of the following?

Defines how rights are enforced

Advantages of working for corporations include which of the following?

Higher salaries and better benefits; More regular hours; Less stress; No billable hours required

Which of the following is often the cause of an inadvertent breach of the duty of competence?

Inadequate research; Missed deadlines; Errors in legal documents filed with the court

Which of the following might be a duty of a paralegal specializing in bankruptcy law?

Interviewing debtors

In addition to the term legal assistant, a paralegal may be referred to as which of the following?

Legal technician or legal research specialist

Of paralegals, 62 percent report that they work in which area?

Litigation

Which of the following might be a duty of a paralegal specializing in corporate law?

Preparing and filing documents with a state agency to set up a corporation; Organizing and scheduling shareholders' meetings in accordance with state law; Preparing stock certificates

Paralegals are indirectly regulated by which of the following?

Professional paralegal organizations; The ABA; State bar associations

Paralegals may work for which of the following?

Public prosecutors and public defenders

Communication skills include which of the following?

Reading skills; Oral communication skills; Listening skills; Writing skills

Which of the following choices is a basic requirement to obtain a license to practice law?

Receive a bachelor's degree from a college or university; Graduate from an accredited law school; Take and pass a state bar examination

Formal sanctions imposed on attorneys for violations of the rules governing professional conduct include which of the following?

Reprimand; Suspension; Disbarment

Which of the following is true of paralegals?

They may not practice law.

Paralegals are likely to use which of the following technologies?

Time-and-billing software; Online legal databases; Litigation support software

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

Suspension

Paralegals may discuss client information with which of the following?

The group working on the case

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

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

Engaging in actions defined by a state legislature as constituting the "practice of law" without the legal authorization to do so describes which of the following?

Unauthorized practice of law

Attorney-client privilege lasts

forever.

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

freelance

A(n) ____ provides services to attorneys on a contract basis.

freelance paralegal

Public prosecutors are

government officials paid by the government.

The advantages of a large law firm include

greater opportunities for promotions and advancement and better salaries and benefits.

Paralegals working for large law firms typically

have responsibilities limited to specific, well-defined types of tasks.

Legal affairs in large corporations are usually handled by

in-house attorneys.

Legal assistants must be able to keep confidences because

it is an ethical rule imposed on attorneys.

Rules limiting who can practice law are mainly written by

lawyers.

Substantive law is law that creates

legal rights and legal obligations.

A paralegal working for a corporation is likely to have ______ than a paralegal working for a one-attorney firm.

less work

Working a lawsuit through the court system is called

litigation.

Growth in the paralegal profession is occurring because law firms are hiring more paralegals to ______ of legal services.

lower the cost; improve the efficiency; increase the availability

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

none of these Breach of duty of competence; Breach of duty of confidentiality; Breach of duty of honesty

A large law firm will likely have

office procedures and employment policies clearly defined in a written employment manual.

The work product doctrine

protects certain materials relating to an attorney's preparation of a client's case for trial.

Legal aid offices

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

A client must be able to confide in his or her attorney so that the attorney can best represent the client's interests. This is the

rationale for the rule of client confidentiality.

The mildest sanction imposed for attorney violations of the rules governing professional conduct is a

reprimand.

In many states, the ultimate regulatory authority is the state

supreme court.

Advantages to working as a freelance paralegal include which of the following?

the ability to set one's own schedule and the ability to work at home

NALA and NFPA are

the two leading national paralegal associations.

Paralegals are in demand at law firms because

they help provide competent legal services at lower cost.

Negligence is a _______ or civil wrong.

tort

The ABA is a(n)

voluntary national bar association.

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

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

Paralegals should be skilled in using which of the following programs?

Billing programs; E-mail; Calendaring

______ representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation.

Competent

Today, paralegals often work in which of the following environments?

Corporations; Government agencies; Courts; Insurance companies

Which of the following are tasks that paralegals may perform?

Draft legal documents; Conduct legal research; Interview clients and witnesses; Conduct legal investigations

The legal consequences of violating legal ethical rules include which of the following?

Exposure of attorneys and paralegals to legal liability

Which of the following entities do most paralegals work for?

Law firms

Which of the following are places where paralegals work?

Law firms; Corporations; Government agencies

The term paralegal is often used interchangeably with which of the following terms?

Legal assistant

Which of the following are specialties in which paralegals may choose to work?

Litigation; Criminal law; Bankruptcy law

Which of the following may be a disadvantage of working for a government agency?

Lower salaries

Which organization voted to establish the Paralegal Advanced Competency Exam (PACE)?

NFPA

Which of the following is not a benefit of working for a small law firm?

None of these A less formal work environment; The opportunity to gain a variety of work experience in many areas of the law; Greater flexibility

Which of the following states requires paralegals to be certified?

None of these states Texas; California; New Jersey

Which of the following are skills needed by paralegals?

Organizational skills; Analytical skills; Computer skills

In contrast to small law firms, large law firms

are more formal.

Public defenders are

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

A paralegal may conduct client interviews and maintain contact with clients, provided that the client is

aware of the status and function of the legal assistant.

Missed deadlines are often the cause of breach of the duty of

competence.

An attorney should not represent a client if doing so would be directly adverse to another client due to the rule of

conflict of interest.

The ____ is the party against whom a lawsuit is brought.

defendant