Intro to Paralegal Studies Final

An example of substantive law is

A law prohibiting employment discrimination

An example of procedural law is

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

The advanced paralegal certification (APC) designation means that

A legal assistant has passed a a test demonstrating competency in a legal specialty

A legal technician or independent paralegal differs from a freelance paralegal in which way?

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

What is the professional association responsible for setting educational standards for paralegals?

American Association for Paralegal Education (AAfPE)

Associate attorneys

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

Procedural law is law that

Defines how rights are enforced

Licensing of attorneys is accomplished at what level

Each sate sets licensing requirements for attorneys

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

Which two professional organizations agree on a definition of a paralegal?

National Association of Legal Assistants (NALA) and American Bar Association (ABA)

Once a client's file is closed

You still have an obligation to maintain confidentiality

A certified legal assistant (CLA) is

a legal assistant who has passed the NALA certification exam

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

a sole proprietorship

The ABA is

a voluntary national bar association

Marta meets with her attorney, Norm, to incorporate her florist shop. The bill for the attorneys services is 1,500- 3 hrs at $500/hr this is an example of

an hourly fee

A large card inserted into the filing cabinet in the place of a temporarily removed file is called

an out card

missed deadlines are often the cause of

breach of the duty of competence

mixing together a client's funds with the law firm's funds is called ___ is one of the most common ways in which attorneys breach their professional obligation regarding client's funds

commingling

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

contingency fee

Today paralegals often work in ____

courts, corporations, insurance companies, government agencies, law offices

Substantive law is law that

creates legal rights and creates legal obligations only

refers to charging an hourly rate to two clients for the same time spent working

double billing

True or False: Paralegal schools are required to get ABA approval

false: Paralegal schools are not required to get ABA approval

A set fee for a specific legal service, such as $500 for a simple will, is known as a

fixed fee

paralegals who own their own businesses and perform specified types of legal services to attorneys on a contract basis are called

freelance paralegals

___ are law students who work for the firm during the summer or part time during the school year to gain practical legal experience

law clerks

The term paralegal is often used interchangeably with the term ____

legal assistant

working a lawsuit through the legal system is called

litigation

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

malpractice

time spent on tasks such as administrative work, staff meetings, or performance reviews is ___ time

nonbillable

A ___ is an association of two or more persons to carry on, as co-owners, a business for profit, where each owner owns a share of the business and is personally liable for the firm's profits or losses

partnership

Many law firms conduct ___ to determine if employees will recieve raises

performance evaluations

Which task are paralegals not allowed to perform?

practice law or give legal advice

Support personnel at a law firm include

secretaries and file clerks

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

statute of limitations

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

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

tort

Generally, paralegal organizations are in favor of

voluntary certification

Staff attorneys work for law firms but

will never become partners