legal theory final ouch
which of the following is the extension of a domain name for an administrative agency, such as the IRS
.gov
how many justices sit on the US supreme court
9
a very popular file format which allows an internet user to download forms or other paginated documents is called
UPS
a battery system that can supply power to a computer
limited jurisdiction court
a court that can hear matters concerning a small amount of money
interent
a group of computers worldwide, linked together with the ability to search all the connections for information
LAN
a network of computers in one location
hard copy
a paper copy of a document
judicial decision
a ruling from a court
all of the following are constitutionally created branches of gov except
administrative
english common law
all the states except Louisiana base their legal systems on this legal system
in personam jurisdiction
allows the court to make a ruling over the party
what entity formed the standing committee of legal assistants, later changed to standing committee on paralegals
american bar association (ABA)
what is the attorney client privilege
an agreement of confidentiality from the legal team to keep facts about the client safe
when a president issues a price freeze, the president has issued
an executive order
the ADR process whereby a neutral third party hears the merits of a case and decides the legal dispute is known as
arbitration
invitees and licensees
are owed a duty of ordinary care
law
body of controlling rules
identify three skills necessary for a paralegal to be successful in a legal career
communication skills legal research skills technology savvy
ethical obligations of an attorney include which of the following
competence confidentiality, avoidance of a conflict of interest
what is work product
confidentiality for materials and preparation for litigation or trial
when a paralegal is verifying that the firm can take on a new client by reviewing names of former and current clients, that paralegal is probably performing a
conflict check
executive branch
contains the office of the president of the united states
document scanning
converting documents to electronic format
legislative branch
created by article one of the constitution
judicial branch
created by article three of the constitution
when a us supreme court justice is in the minority and writes an opinion that shows his or her opposition to the majority's decision, the opinion is known as a
dissenting opinion
converting documents to electronic format can be done by
document scanning
appellate courts
does not hear evidence nor testimony
cannot take life, liberty, or property from a person without this
due process
ethical conduct is expected of
every member of the legal team
a bartender might be found liable for over serving a bar patron under good samaritan laws (t/f)
false
an electronic repository is a file room (t/f)
false
assault requires physical touching by the defendant to the plaintiff (t/f)
false
intentional and negligent infliction of emotional distress are two ways of describing the same tort (t/f)
false
leaving an instrument inside of a patient after a surgery is an example of an intentional tort (t/f)
false
only doctors can be found liable for professional malpractice (t/f)
false
outsourcing is when you connect remotely to a computer (t/f)
false
exclusive jurisdiction
federal courts possess this with bankruptcy, patent disputes, admiralty
e-discovery
finding and reviewing discoverable electronic data
common law is created
judge made law here in america or may back in england english common law
what is work product privilege
keeping the work product confidential
all of the following are forms of ADR except
litigation
database
maintaining and sorting records and documents
backup of data
making a copy of critical files and programs in the event of loss of the originals
will inadvertent disclosure of privileged info result in automatic waiver of materials disclosed
no
would a paralegal telling a client of an attorney's availability be considered the unauthorized practice of law
no
would a paralegal's attending trial and recording answers during jury selection be considered the UPL
no
would asking a client questions about their car accident be considered the UPL
no
ADR
nonjudicial means of solving legal disputes
___ communication is very important because it creates a first impression; using slang or poor grammar may injure the firm's impression on the public
open
trial presentation software
organizing trial presentations
common carriers and innkeepers
owe a duty of utmost care
the most recent trend in the legal professional is to the use word ____ to refer to a person qualified by education, training, or work experience who is employed in a law related job, and who preforms substantive legal work for which a lawyer is responsible
paralegal
long-arm statutes
permits a state to obtain personal jurisdiction over an out-of-state defendant
if a party wishes to appeal to the us supreme court, that party's attorney will need to them prepare a
petition for writ of certiorti
equal protection
prevents the gov from enacting laws that treat similarly situated persons differently
software
programs containing sets of instructions that tell the computer what to do
free exercise clause
prohibits gov from interfering with free exercise of religion
establishment clause
prohibits the government from promoting a specific religion
why is the practice of law regulated
protect the unwary/ those who dont know
the URL is made up of which three parts
protocol, computer, path
is not an example of an attribute that creates positive impression
rigid
the doctrine which divides the federal government into three branches in referred to as
separation of powers
regulation of the practice of law is done at which level
state
courts have come to recognize the following as two categories of due process
substantive and procedural
what do most states call/name their highest court
supreme court
the first ten amendments to the US consitution are commonly referred to as
the bill of rights
stare decisis is
the doctrine on which our common law system is based, i.e. to stand by things decided
federalism
the form of gov found in us, wherein the federal gov and state gov share powers
negotiation
the parties engage in discussions to try and reach a voluntary settlement of their dispute
conciliation
the parties try to settle their dispute with an interested third party
standing to sue means
the plaintiff has some stake in the outcome of the case
litigation
the process of bringing, maintaining, and defending a lawsuit
if an attorney or paralegal wants to see all edits made to a contract, he or she
track changes in word doc
calendaring
tracking deadlines, statute of limitations, court appearances
a compact made between nations can be called a
treaty
a courts authority to hear a case is known as jurisdiction (t/f)
true
a doctor who stops to assist at a scene of an emergency typically will have protection from negligence under good samaritan laws (t/f)
true
a paralegal must not give legal advice to a client or a non-client in situations where legal rights could be affected (t/f)
true
battery requires harmful or offensive physical contract between the plaintiff or defendant (t/f)
true
child pornography and obscenity are examples of unprotected speech (t/f)
true
plaintiffs can voluntarily assume the risk of activities when they have knowledge of the risk and voluntarily assume that risk (t/f)
true
remote access is when a user can access a computer or server from off-site (t/f)
true
slander is a spoken statement made by the defendant to the plaintiff (t/f)
true
smoking gun documents include emails and text message stored in data servers (t/f)
true
the duty of candor means a lawyer may not mislead opposing counsel or the court or the client, and the duty extends to the paralegal and all members of the legal team (t/f)
true
the process of bringing, maintaining, and defending a lawsuit is often referred to you as litigation (t/f)
true
the terms paralegal and legal assistant may be used interchangeably as positions and skills required usually are not that different (t/f)
true
the us constitution requires that no one can be deprived of life liberty or property without due process (t/f)
true
to avoid the appearance of being a licensed attorney, a paralegal should always clearly identify oneself as a paralegal or legal assistant in communications with clients (t/f)
true
using someone else's name on an editorial piece would by putting the victim in a false light the public (t/f)
true
judicial referee
typically a retired judge or lawyer who hears a matter
word processing
typing and preparing documents
the trial court for the federal court system is known as
us district court
online collaboration
using the internet to work collaboratively
us constitution
was ratified in 1788 and is the fundamental law of the US
computer technology in the law office is used in which of the following ways
word processing, time and billing programs, calendaring
is it a violation of ethical rules to talk about details of a case, including the identity of the parties, once a paralegal is no longer in the employ of the lawyer or firm where he/she worked on or learned
yes
would a paralegal telling a client which power of attorney form is the best to use be considered the UPL
yes
