LEGL 211: Module 2
___________ law is the law made up of the text of a constitution and court decisions interpreting that text.
Constitutional
"Equity aids the vigilant, not those who sleep on their rights" is an example of a(n)
Equitable maxim
indirectly
Paralegals are regulated ____ by ethical codes for attorneys, by standards and guidelines created by paralegal professional groups, and by guidelines for the utilization of paralegals developed by the ABA and various states.
malpractice
Professional misconduct or negligence—the failure to exercise due care—on the part of a professional, such as an attorney or a physician, is called
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.
Methods for obtaining adequate attorney supervision include which of the following?
all are correct: 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
An attorney must pass a state bar examination to practice law in which of the following states?
all are correct: New York Illinois Ohio
Paralegals are indirectly regulated by which of the following?
all are correct: Professional paralegal organizations The ABA State bar associations
Entities that are key participants in the regulation of attorneys include which of the following?
all are correct: State bar associations State supreme courts State legislatures The United States Supreme Court
In a criminal case, the Sixth Amendment to the U.S. Constitution guarantees the accused which of the following rights?
all are correct: The right to a speedy and public trial by an impartial jury The right to counsel The right to cross-examine witnesses against him or her The right to solicit testimony from witnesses in his or her favor
Secondary sources of law _____ primary sources of law.
all are correct: summarize synthesize explain
_______ are involved in determining what rules should govern attorneys.
all are correct: Bar associations State supreme courts State legislatures
Methods for obtaining adequate attorney supervision include which of the following?
all are correct: 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 is often the cause of an inadvertent breach of the duty of competence?
all are correct: Inadequate research Missed deadlines Errors in legal documents filed with the court
A lawyer's duty to supervise nonlawyer assistants applies to lawyers in which settings?
all are correct: Private law firms Corporate legal departments Government agencies
Linda and Karen, both paralegals for the same attorney in a small general practice office, are riding home from work together on the bus. During their ride, they discuss a client who was in the office that day seeking to file for divorce. The client, who works in their building, is someone whom they have known for a long time, and they are shocked. What they don't know is that the client's wife is sitting in the seat behind them. The client's wife learns of the divorce and successfully hides $200,000 from a bank account so that it cannot be located and divided up as part of the property settlement. Once the divorce is final, the client says to his wife, "You must have known that I was planning to divorce you or you wouldn't have been able to hide that money." Without admitting that she hid the money, the client's wife says, "If you're so upset about losing the $200,000, why don't you sue your attorney and those two bigmouths who work for him and ride my bus?" Which of the following actions can the client take?
all are correct: Seek to have a disciplinary action brought against the attorney for violation of the rule of client confidentiality. Bring a malpractice lawsuit against the attorney and his two paralegals. Demand that the attorney pay him the $200,000 and fire his paralegals.
In which of the following states must a prospective attorney pass a state bar examination before being admitted to practice?
all are correct: Texas Alabama Ohio
Who will be affected if a paralegal violates a rule governing attorneys?
all are correct: The paralegal The attorney The client
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
A court decree ordering a person to do or to refrain from doing a certain act is known as
an injunction
A statement by the court setting forth the applicable law and the reasons for its decision in a case is called
an opinion
_________ powers are those shared by the federal government and the states, such as the power to impose taxes or to establish courts.
concurrent
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
A court that was created to decide cases where there was no adequate remedy at law is called a(n)
court of equity
A judge or justice who does not agree with the majority writes a ____ opinion.
dissenting
Paralegals are regulated ____ by ethical codes for attorneys, by standards and guidelines created by paralegal professional groups, and by guidelines for the utilization of paralegals developed by the ABA and various states.
indirectly
The law that governs relations among nations and has customs and treaties as two of its most important sources is called _____ law.
international
The term judge can be used interchangeably with which of the following terms?
justice
Attorney-client privilege ends after
none of these are correct: one year. ten years. five to twenty years, depending on the state.
A plaintiff or defendant in a lawsuit is called a
party
All states require that prospective lawyers ________ before being admitted to practice.
pass a state bar exam
Equitable remedies include which of the following?
specific preformance
Which of the following has no statute of limitations?
tax-fraud
The statute of limitations for first-degree murder is _____ years.
twenty-five
The "v." in a case title stands for:
versus
equitable maxim
"Equity aids the vigilant, not those who sleep on their rights" is an example of a(n)
Paralegal Jane and legal secretary Allison are eating lunch in a local restaurant that is popular among legal professionals. During lunch they discuss a well-known client's case and his poor financial condition. Their conversation is overheard by a paralegal who works for the bank where the client maintains his accounts and loans. This is an example of which of the following?
A breach of the client confidentiality rule
Which of the following is a primary source of law?
Common law doctrines and case law
The Fifth Amendment of the U.S. Constitution prohibits which of the following?
Compulsory self-incrimination and double jeopardy
Which of the following is an example of an equitable maxim?
Equity requires clean hands.
The Eighth Amendment to the U.S. Constitution prohibits which of the following?
Excessive bail and fines and cruel and unusual punishment
Attorney Barnes drafts a will for Mrs. Potters, an eighty-seven-year-old widow. Because Mrs. Potters has no family to inherit her large estate, Attorney Barnes makes himself the sole beneficiary of Mrs. Potter's will. What ethical rule has Attorney Barnes violated?
The conflict-of-interest rule
international law
The law that governs relations among nations and has customs and treaties as two of its most important sources is called _____ law.
In constitutional law, the role of the United States Supreme Court is to
act as the final interpreter of the Constitution, giving meaning to our constitutional rights and determining their boundaries.
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.
A conflict of interest
arises when representing one client injures the interests of another client.
Tort law allows
one who is injured by another's wrongful or careless act to bring a civil lawsuit against the wrongdoer for damages.
Paralegals cannot become partners in a law partnership because
paralegals cannot legally be paid as much as attorneys.
When using e-mail as a method of communication it is important to
print, proofread, and edit
Many European nations have laws that are
set forth in a comprehensive code.
The statute of limitations for civil wrongs typically ranges from
two to five years.
The ABA is a(n)
voluntary national bar association.
