CJ Final

in rem

A Wisconsin bank wants to foreclose on a vacation home located in Petosky, Michigan. The vacation home is owned by a resident of Chicago, Illinois. In this situation, a foreclosure action could be brought in the Michigan state court on the basis of the court's ____ jurisdiction.

forms

A ____ file is a file containing copies of the firm's commonly used legal documents and forms that can be used as a model for drafting new documents or forms.

professional corporation

A ____ is a business entity in which the shareholders are members of the same profession, purchase the corporation's stock, own the firm, share in the profits and losses of the firm in proportion to the number of shares they own, and have limited personal liability.

partner

A ____ is a person who has undertaken to operate a business jointly with one or more persons and is a co-owner of the firm.

retainer agreement

A ____ is a signed document stating that the attorney or the law firm has been hired by the client to provide legal services and that the client agrees to pay the fees set forth in the contract.

U.S. v. Littlejohn , 651 F. Supp. 202 (W.D. MI 1985)

A case named U.S. v. Littlejohn is located in the Federal Supplement on page 202. The volume number is 651 and the year is 1985; the court deciding the case is located in the Western District of Michigan. Which is the appropriate citation?

trial

A court in which most cases begin and in which questions of fact are examined is called a(n) _____ court.

contingency

A fee that is dependent on the outcome of the case is a(n) _____ fee.

secondary

A law journal article is an example of a(n) _______ source.

Substantive Law

A law prohibiting employment discrimination is an example of which type of law?

secondary

A magazine article is an example of a(n) _______ source.

ABA-Approved

A paralegal educational program that has satisfied the standards for paralegal training set forth by the ABA is called a(n) _________ program.

aware of the status and function of the legal assistant

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

​take the Paralegal Advanced Competency Exam (PACE).

A paralegal who has at least two years of work experience and meets specific educational requirements can

​research the legislative history of a law

A paralegal working in a legislative office may be asked to

monetary damages, injunctive relief and attorney's fees and costs

A request for which of the following may be included in the prayer for relief in a complaint?

fixed

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

expense slip

A slip of paper used to record any expense or cost that is incurred on behalf of a client is called a(n)

passed by the legislature

A statute is

trust

A(n) ____ account is a bank or escrow account in which one party holds funds belonging to another party; it is a bank account into which funds advanced to a law firm by a client are deposited.

time slip

A(n) ____ is a record documenting, for billing purposes, the hours or fractions of hours that an attorney or paralegal worked for each client, the date on which the work was performed, and the type of work that was undertaken.

retainer

An advance payment made by a client to a firm or attorney to cover part of the legal fees and/or costs that will be incurred on the client's behalf is called a(n)

pass the state bar exam

An attorney may not legally practice law if he or she does not

persuasive

Any legal authority, or source of law, that a court may look to for guidance but that it is not required to follow in making its decision is called a _____ authority.

public defenders

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

double billing

Billing more than one client for the same billable time is called

​Headnotes, a syllabus, and the names of the attorneys handling the case

Cases found in reporters usually contain which of the following?

​between three and twelve months.

Certificate programs for paralegals typically last

both The Bluebook: A Uniform System of Citation and Guide to Legal Citation

Citation rules for legal writing can be found in

compensation in the form of money

Damages in a civil lawsuit are

are written by justices who disagree with the majority

Dissenting opinions

public prosecutors

District attorneys, state attorneys general, and U.S. attorneys are examples of

Postgraduate certificates, paralegal certificates, associates degrees, and bachelors degrees

Educational options for paralegals include which of the following?

appointed

Federal court judges are usually ____ for life.

federal-question jurisdiction

Federal courts can hear cases that pertain to the U.S. Constitution, acts of Congress, or treaties, based on

. ​violating state statutes prohibiting the unauthorized practice of law.

Freelance paralegals are at risk of

attorney-client privilege

Generally, any communications concerning a client's legal rights or problems fall under the

subpoena duces tecum

If an attorney wants a deponent to bring certain documents or tangible things to the deposition, he or she must have a

district

In the federal court system, the _____ courts are trial courts.

thirteen

In the federal court system, there are _____ U.S. courts of appeals.

advocacy

In writing a legal document, presenting the facts and issues in the light most favorable to your client is called the ____ approach.

Legal terms and phrases that may be unfamiliar to laypeople

Legalese is which of the following?

commingling

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

tort

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

attorney-client confidentiality

One of the oldest and most important rules of the legal profession is the rule of

freelance

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

primary

Publicly filed documents, such as the legal forms that some companies are required to file with the SEC, are ____ sources of information.

nine

The ABA Model Code of Professional Responsibility has ___ canons.

attorney-client privilege

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

discussion

The ________ section of an internal legal memorandum presents the writer's detailed analysis of how the law applies to the facts.

your opinion of how to resolve the issues

The conclusion of an internal legal memorandum should be

​Primary sources are the law and secondary sources explain the law.

The difference between a primary source of law and a secondary source of law is which of the following?

reprimand

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

shepard's

The online citator for Lexis is

ninety-four

There are currently ____ judicial districts.

formal scholarly works

Treatises are

Fairness, public policy, social values and customs, legal principles and policies underlying previous court decisions or statutes

When deciding cases of first impression, courts may consider which of the following factors?

minimize

When writing, you should try to _________ the use of quotations.

information on federal criminal prosecutions

Which of the following can be found on the U.S. Department of Justice's website?

links to representatives'' roll-call votes, the congressional schedule, and current debates on the house floor

Which of the following can be found on the U.S. House of Representatives' website?

Cornell Law School's Legal Information Institute

Which of the following is an example of a free service providing court opinions, statutes, and agency materials?

legal technician

Which of the following is another term for an independent paralegal?

​The name of the case, the volume number, and the abbreviated name of the book in which the case is located

Which of the following is included in the citation of a published decision?

. ​To present both parties' cases to a judge and jury

Which of the following is not a task of the mediator in mediation?

legal encyclopedias and treaties

Which of the following is not likely to be found on the Internet for free?

none of these choices is correct

Which of the following is something you can do when using Westlaw but not Lexis?

​Date, address block and method of delivery, reference line, salutation, body, closing

Which of the following is the general format for legal correspondence?

. ​Missed deadlines

Which of the following is the leading cause of malpractice lawsuits filed against attorneys?

the subject is the person or thing that is acting

Which of the following is true of an active-voice sentence?

negligence

Which of the following would not provide an adequate allegation as to jurisdiction in the federal district court?

​Some words such as "trusts" or "consideration" have specific law meanings that are not necessarily the same as their meaning in ordinary speech.

Why is it important to have access to a legal dictionary such as Black's Law Dictionary?

your personal opinion of the court's decision

Your case brief should not include which of the following?

present an unbiased analysis

Your supervising attorney asks you to research an issue related to a client's claim for a lawsuit. You think that the client has a very strong claim. You should

probate

____ is the process of proving the validity of a will and ensuring that its instructions are carried out.

a long-arm statute

____ permits a state to obtain jurisdiction over nonresident defendants, as long as the defendants have "minimum contacts" with the state.

secondary

_______ sources of law are books and articles that summarize, synthesize, and explain the primary sources of law.

equitable maxim

​"Equity aids the vigilant, not those who sleep on their rights" is an example of a(n)

"the power to speak the law"

​"Jurisdiction" is literally translated as

legal precedent

​A ________ is a decision made by a judge in a case that has come before the court and which then becomes part of the law on the subject.

an injunction

​A court decree ordering a person to do or to refrain from doing a certain act is known as

one party explains its legal position in a dispute and demands that the recipient take some action.

​A demand letter is one in which

unconstitutional

​A law that violates the U.S. Constitution or one of its amendments will be declared

strike

​A motion to ____ is a motion filed by the defendant asking the court to delete redundant or irrelevant paragraphs from the complaint in order to clarify the underlying issues in the case.

statute

​A(n) ____ is a written law enacted by a legislature under its constitutional lawmaking authority.

remedies

​Early English courts could grant only limited ______ in the form of land, items of value, or money.

copyrights and bankruptcy

​Federal courts have exclusive jurisdiction in which of the following subject matters?

on point and be decided by a superior court

​For a case to serve as a binding authority it must be

reverse

​If an appellate court concludes that a lower court erred in its interpretation of the law, the court may _____ the lower court's ruling.

​all four elements of the case are similar to your case.

​If an appellate court concludes that a lower court erred in its interpretation of the law, the court may _____ the lower court's ruling.

legal precedents

​Judges often decide cases based upon _______ from previous cases on similar subjects.

the online citator for Westlaw

​KeyCite is

appellee

​On appeal, the party not asking for review is often called the

Defines How Rights are Enfored

​Procedural law is law that does which of the following?

stare decisis

​The doctrine of _______ makes the law more stable and predictable.

venue

​The geographic district or location in which a case is tried and from which the jury is selected is called

Legal Assistant

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

a person who is not a party and is at least 18 years of age.

​Under federal rules, service of process may be effected by which of the following?

a motion to exclude evidence was filed by the plaintiff

​Which of the following is not an example of an active-voice sentence?

general background on a legal issue and recent developments in a case

​Which of the following might be included in an informative letter?

binding authority

​____ is any source of law that a court must follow when deciding a case, including constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.