Intro to law midterm

If the interviewer provides an opportunity for you to ask questions, you should not ask which of the following questions?

"How long do we have for lunch?"

A typical paralegal annual bonuses ranges from:

$2,000 to $5,000

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

ABA-approved

Tips for communication by e-mail include which of the following?

Aim for a professional tone and quality (including using a spell checker) Print and review all messages before sending Request acknowledgement or feedback for all important messages Remember to disclose your paralegal status

Mr. McMillan comes to attorney Robinsons's office to file bankruptcy. Mr. McMillan provides attorney Robinson with considerable confidential information regarding his financial position, business dealings, and bank accounts. Attorney Robinson subsequently gives Mr.McMillan's file to his paralegal to use in drafting a bankruptcy petition. This is an example of which of the following?

An implied authorized disclosure of confidential client information

Which of the following are skills needed by paralegals?

Analytical skills Organizational skills Computer skills

As a paralegal, you will be judged based on on your:

Appearance Attitude Actions

Which of the following is not considered a member of a law firm's support personnel?

Associate lawyers

Educational options for paralegals include which of the following?

Associates degrees Paralegal certificates Bachelors degrees Postgraduate certificates

Which of the following is an important part of oral communication?

Body language

In order for an attorney to represent two parties in a legal proceeding, which of the following is a necessary requirement?

Both parties must give informed consent

In an ethical opinion, the American Bar Association (ABA) indicated that attorneys are prohibited from which of the following?

Charging more than one client for the same hours of work

During a job interview, the interviewer asks you, "Have you ever assisted during trial?" This is an example of which of the following types of questions?

Closed-ended question

Methods for obtaining adequate attorney supervision include which of the following?

Communicating with the supervising attorney Asking the attorney for feedback on your work Placing feedback reminders on your personal calendar Attaching a note to a document that you have prepared for the attorney, requesting him or her to review the document carefully before signing

Which of the following takes that paralegals may perform?

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

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

Corporations Courts Government agencies Insurance companies

Procedural law is law that does which of the following?

Defines how rights are enforced

Paralegals should be:

Detail oriented and organized

Which of the following are paralegals not allowed to do?

Engage in, encourage, or contribute to any act that could constitute the unauthorized practice of law Establish attorney-client relationships Give legal opinions or advice

Activities that constitute the unauthorized practice of law (UPL) in most states include which of the following?

Fee splitting Giving legal opinions or advice Representing clients in court

Which of the following must a paralegal be careful not to do?

Give legal advice

Which of the following are places where paralegals work?

Government agencies Law firms Corporations

A paralegal working in a large law firm is likely to:

Have a support staff

The Paralegal Advanced Competency Exam (PACE) can be taken by paralegals who:

Have at least two years of work experience and meet specific educational requirements

During a job interview, it is not appropriate for an interviewer to ask which of the following questions?

How many children do you have? How old are you? Are you married?

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

Improve the efficiency Lower the cost Increase the availability of

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

Interviewing debtors

Legal analysis is critical to a paralegal's duties because:

It is integral to helping lawyers formulate arguments

Mike Jones works for the large firm of Stanley & Stanley in Los Angeles, California. He was hired by the partners of the firm to run the business end of it. His job is to manage the day-to-day operation of the firm. Which of the following best describes Mike Jones's position with the firm?

Legal administrator

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

Legal assistant

In California, independent paralegals not working under the supervision of a lawyer can register as which of the following?

Legal document assistants

The duty of competence can be breached by which of the following actions?

Missing filing deadlines with the court Including incorrect information in a legal document Inadequate attorney supervision of paralegals

Which of the following organizations is in favor of voluntary certification but opposed licensing requirements for paralegals?

NALA

An attorney must pass a state bar examination to practice law in which of the following states?

New York Illinois Ohio

Which of the following is not part of professional paralegal behavior?

Not courtesy under pressure Not responsibility/reliability Not objectivity

Communication skills include which of the following?

Oral communication skills Reading skills Writing skills Listening skills

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

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

Rosa Sufuente is a paralegal working in a large law firm. Because of her experience, she has been promoted and now coordinates and oversees paralegal staffing, paralegal assignments, and paralegal professional development. Which of the following best describes Rosa Sufuente's position in the firm?

Paralegal manager

Law-firm personnel include which of the following?

Partners Associate attorneys Paralegals Legal administrators or office managers

A paralegal working in a one-attorney office is likely to:

Perform certain secretarial functions

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

Preparing contracts and forms

Paralegals are indirectly regulated by which of the following?

Professional paralegal organizations The ABA State bar associations

A paralegal working for a sole practitioner might handle which of the following tasks?

Receiving and date-stamping mail and interviewing clients and witnesses

Which of the following is a key step in planning your career?

Reevaluating your career after some time on the job Defining long-term goals Coming up with short-term goals

Which factors may be considered in a performance evaluation?

Responsibility Dependability Competence Cooperation

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

Reviewing government insurance regulations Reviewing insurance contracts Providing litigation assurance in lawsuits involving the insurance company

The _______ is the provision in Article VI of the U.S. Constitution that declares the Constitution, laws, and treaties of the United States "the supreme Law of the Land."

Supremacy clause

Ethical rules created by the ABA include which of the following?

The Model Code of Professional Responsibility and the Model Rules of Professional Conduct

Organizations that have issued a code of ethics for paralegals include which of the following?

The NFPA, NALA, and NALS

In locating potential employers, which of the following sources would be helpful?

The Yellow Pages Web home pages Online employment ads Legal directories such as the Martindale-Hubbell Law Directory

Which of the following spurred the growth of paralegal education programs?

The demand for lower-cost legal services and lawyers' realization of the benefits

A legal aid office represents which population?

The needy

NALA and NFPA are:

The two leading national paralegal associations

An attorney's mental impressions, conclusions, and legal theories regarding a case being prepared for trial on behalf of a client are protected from disclosure by which of the following rules?

The work product doctrine

How many references should be included on the list of professional references used when applying for employment?

Three to five

Paralegals are likely to use which of the following technologies?

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

According to the text, at minimum, with which computer software should paralegals have experience?

Word-processing software

Anne Marie is a paralegal who sells "do-it yourself" divorce and will kits to the public. She offers assistance in the form of typing services. According to the textbook, this type of practice is:

allowed in some states

The tasks that paralegals perform today were traditionally performed by:

attorneys

Associate attorneys are:

attorneys who are not partners in the firm and thus do not share in the profits

In California, an independent paralegal not working under the supervision of a lawyer:

cannot call him- or herself a paralegal

One of the most important professional obligations of a paralegal is to treat all of your clients' information as:

confidential

A legal fee that is a set percentage (such as 33 percent) of the amount that the plaintiff recovers in a civil lawsuit, and that must only be paid if the plaintiff prevails, is known as a (n):

contingency fee

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

defendant

The person defending himself or herself against another person's claims in a lawsuit is the:

defendant

Defining long-term career goals is important because it will help you to:

determine your personal preferences and values and define professional goals.

Keeping clients reasonably informed is an attorney's:

duty

A ________ should mention again your availability and interest in the position, thank the interviewer for his or her time in interviewing you, and perhaps refer to a discussion that took place during the interview.

follow-up letter

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

freelance

Court decisions and ethical opinions of state bar associations have held that _____ who are adequately supervised by attorneys are not engaging in the unauthorized practice of law.

freelance paralegals

An efficient filing system:

helps to ensure that important documents will not be lost or misplaced and ensures that important documents will be available when needed

Most paralegals are compensated primarily by: overtime

hourly wages and salaries

One of the most important concerns of paralegals is:

how often they will be paid how much they will be paid what job benefits they will receive

Substantive law is law that creates:

legal rights and legal obligations.

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

legal technician or legal research specialist

A _________ is a form of business organization that normally allows lawyers doing business as partners to avoid personal liability for the malpractice of other partners

limited liability partnership

The NALA's Model Standards and Guidelines for the Utilizations of Paralegals

lists the minimum qualifications that paralegals should have indicated what paralegals may do indicates what paralegals may not do

Working a lawsuit through the court system is called:

litigation

The use of paralegals to do substantive legal work provides the public with greater access to legal services because the hourly rate for paralegals is ____ that for attorneys

lower than

Professional misconduct or negligence—the failure is to exercise due care—on the part of a professional, such as an attorney or a physician, is called:

malpractice

Career planning involves all of the following except:

never deviating from your initial goals

A(n) ______ is an administrative employee who handles client billing procedures and mangers the day-to-day operations of a small law firm by making sure that the office runs smoothly, that sufficient supplies are on hand, and that office procedures are established and followed.

office manager

Many law firms conduct _________ to determine if employees will receive raises

performance evaluations

The person initiating a lawsuit is the:

plaintiff

To increase your digital shadow to make it attractive to potential employers, you should:

post only about important professional events and accomplishments

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

public defenders

A person accused of a crime is prosecuted by a:

public prosecutor

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

rationale for the rule of client confidentiality

When a case is closed, original client documents are usually:

returned to the client

Guideline 2 in the NALA's Model Standards and Guidlines prohibits a paralegal from:

setting legal fees

The simplest form of a business, in which one individual owns the business, is entitled to any profits, and is personally liable for all debts or obligations, is known as a:

sole proprietorship

Employees of a law firm who provide clerical, secretarial, or other support to the legal, paralegal, and administrative staff of a law firm are called:

support personnel

In many states, the ultimate regulatory authority is the state:

supreme court

Law firms keep track of billable time by requiring legal professionals to submit time slips, and usually require attorneys or paralegals to generate a minimum number of billable hours per year. The reason for requiring a minimum number of billable hours is:

that the financial well-being of the firm depends on the number of billable hours generated by its employees

The three stages of marketing your skills as a paralegal are:

the application process, interviewing for jobs, and following up on job interviews

Some things to think about when investigating a law firm's culture include:

the firm's philosophy of management turnover creative benefits

The maximum time period within which specific types of legal actions may be brought to court is set by:

the statute of limitations

To be a Florida Registered Paralegal (FRP), all paralegals must complete:

thirty hours of counting education every three years

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

tort

The ABA is a(n):

voluntary national bar association