Paralegal Exam
d.
A ____ is a document filed with the court requesting that certain evidence, such as prejudicial, irrelevant, or legally inadmissible evidence, not be brought out during trial. a. Motion for a directed verdict b. Motion for a new trial c. Motion for a judgment as a matter of law d. Motion in limine
c.
A case presenting a legal issue that has not yet been addressed by a court in a particular jurisdiction is know as. a. Precedent b. Stare decisis c. A case of first impression d. A public policy decision
b.
A motion _____ is a document filed by either party in a lawsuit asking the court to compel the other to comply with a discovery request. a. To strike b. To compel discovery c. To make more definite and certain d. To dismiss
c.
A remedy allowed by courts where remedies at law are or appropriate and that is based on rules of fairness, justice, and honesty is called. a. Common law remedy b. Remedy at law c. Remedy in equity d. Civil law remedy
b.
As a paralegal getting a case ready for trial, you will NOT spend time: a. Contacting witnesses b. Arguing pretrial motions in court c. Preparing a trial notebook d. Researching issues
d.
Attorney Barnes drafts a will for Mrs. Potters, an 87-year-old widow. Since 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? a. The client confidentiality rule b. The attorney-client privilege c. The duty of competence d. The conflict of interest
c.
Contracts for the sale of goods are governed by: a. The common law only b. Contract law c. Article 2 of the Uniform Commercial Code (UCC) d. None of the above
b.
Federal court judges are usually ______ for life a. Elected b. Appointed c. Nominated d. Hired
c.
Johnny Martin's attorney has cut a deal with the prosecutor. He has agreed that Johnny will plead guilty to petty larceny in exchange for the prosecutor dropping the more serious charge of grand larceny. Johnny's attorney has engaged in: a. Settlement negotiations b. Unethical conduct c. Plea bargaining d. None of the above
C - Rescission CR - Probation C - Specific Performance T - Pain and Suffering
Listed below are remedies or outcomes of legal actions in tort, contract or criminal law. In the blank to the left of each, indicate in which type of legal action(s) the remedy or outcome is available. (T = Tort; C = Contract, CR = Criminal) ___ Rescission ___ Probation ___ Specific Performance ___ Pain and Suffering
c.
Money damages are an example of a ________. a. Remedy in chancery b. Remedy in equity c. Remedy at law d. (A) and (C) only
a.
State court judges are usually _____ for a specified term a. Elected b. Appointed c. Nominated d. Hired
a.
The defendant's response to a complaint is called: a. An answer b. An interrogatory c. A deposition d. All of the above
a.
The duty of care in tort law is measured under a: a. Reasonable person standard b. Prudent attorney standard c. Responsible person standard d. None of the above
c.
The legally recognized privilege to protect oneself from injury by another using the force that is reasonable necessary under the circumstances is called: a. Defense of others b. Defense of property c. Self-defense d. None of the above
c.
The parties to a contract may specify a reasonable amount to be paid in the event of a future breach of the contract, which is called _____ damages. a. Consequential b. Punitive c. Liquidated d. Compensatory
d.
The purpose of a complaint is to: a. Request the court to issue an order b. Obtain information that the other party has c. Dismiss the lawsuit d. Initiate a lawsuit
b.
Which of the following IS NOT a category of tort action? a. Intentional tort b. White collar offenses c. Strict liability d. Negligence
b.
A _____ is a distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins known. a. Trade secret b. Trademark c. Copyright d. Trade name
b.
A civil wrong not arising from a breach of contract, but arising from a breach of a legal duty that causes harm or injury to another is called: a. Intentional infliction of emotional distress b. Tort c. Felony d. Assault
b.
A court that may only hear cases involving certain subject matter is called a court of ________ jurisdiction. a. Original b. Limited c. Appellate d. General
b.
A court that reviews decisions made by lower courts such as a trial court is called. a. A probate court b. An appellate court c. A bankruptcy d. None of the above
c.
A jury returns the following verdict: the plaintiff receives $100,000 in damages reduced to $80,000 due to the plaintiff's conduct. The reduction in the jury's verdict is due to: a. Contributory negligence b. Last clear chance c. Comparative negligence d. Assumption of risk
c.
A retailer or other business owner owes a duty to exercise reasonable care to protect persons who are invited onto the premises for business purpose and who are called _____. a. Guests b. Reasonable persons c. Business invitees d. Trespassers
b.
According to the text for this course, _____ is the doctrine that imposes liability on the defendant, regardless of fault. a. Medical malpractice b. Strict liability c. Negligence d. None of the above
d.
An attorney usually conducts the initial client interview because: a. Only an attorney can give legal advice b. Only an attorney can agree to represent a client c. Only an attorney can agree to the legal fees d. All of the above
d.
Attorney Chapman assigns paralegal Hughes a complex brief, tells her to research the law, prepare the brief, proofread it, and then sign attorney Chapman's name to the brief and submit it to the court. Attorney Chapman will not be available to review or sign the brief, because she is going on a business trip and will not return before the deadline for filing the brief. Attorney Chapman has violated the ethical rule regarding: a. Fairness to opposing party and counsel b. Candor toward the tribunal c. Expecting litigation d. Adequate supervision of a non-lawyer assistant
b.
Damages awarded in a tort lawsuit to punish the wrongdoer and deter future similar conduct are called:\ a. Money damages b. Punitive damages c. Damages for cover d. Special damages
d.
Damages that compensate the non-breaching party to a contract for the loss of the bargain are called ____ damages. a. Consequential b. Punitive c. Liquidated d. Compensatory
Alibi
Defense with crime/tort: Burglary
Assault
Defense with crime/tort: Defense of others
Misuse
Defense with crime/tort: Product Liability
Comparative negligence
Defense with crime/tort: Slip and fall in tort
A person qualified by education, training, or work experience, who is employed or retained by a lawyer, law office, corporation, government agency or other entity, who performs specifically delegated substantive legal work, for which a lawyer is responsible
Define the Term Paralegal
b.
Engaging in actions defined by a state legislature as constituting the "practice of law" without the legal authorization to do so, describes which of the following? a. Licensing b. Unauthorized practice of law c. Malpractice d. Self-regulation
State Legislatures
Establishes laws lawyers must follow
b.
Failure of a party to a contact to perform the obligations assumed in the contract is called: a. Lack of contractual capacity b. Breach of contract c. An illegal contract d. Fraud
Bar Associations
Handles, grievances against lawyers
d.
How does the regulation of attorneys protect the public? a. By ensuring that an attorney is competent to practice b. By creating state bar associations c. By imposing specific ethical requirements d. (a) and (c) only
d.
It is especially important to perform a conflicts check before learning the details of a prospective client's matter because: a. You may learn information that is confidential and must be safeguarded b. You may determine that you office cannot accept this matter c. You may determine that you office will have to withdraw from another matter d. All of the above
1. No Double Jeopardy 2. No Excessive Bail 3. Protected against cruel and unusual punishment
Name and briefly describe 3 of the specific procedural safeguards afforded by the US constitution to protect people accused of crimes against arbitrary or unjust use of government power?
a.
Of the three branches of the federal government, the ___ branch makes statutory law. a. Legislative b. Judicial c. Executive d. Presidential
1. Arrest 2. Indictment 3. Preliminary hearing 4. Plea bargain
Order the following sets of events (1-4) ___ Plea bargain ___ Arrest ___ Indictment ___ Preliminary hearing
1. Plaintiff's case 2. Defendant's case 3. Reading of jury instructions to jury 4. Verdict
Order these event (1-4) _____ Defendant's Case _____ Reading of jury instructions to jury _____ Plaintiff's case _____ Verdict
1. Counter and cross-complaints 2. Voir dire 3. Opening Statement 4. Motion for judgement notwithstanding the verdict
Order these events (1-4) _____ Counter and cross complaints _____ Motion for judgement notwithstanding the verdict _____ Voir dire _____ Opening statement
1. Summons and complaint 2. Answer 3. Motion to compel answer to interrogatories 4. Trial
Order these events (1-4) _____ Summons and complaint _____ Trial _____ Answer _____ Motion to compel answers to interrogatories
State Supreme Court
Oversees lawyer appealing grievance ruling
b.
The authority of a court to hear and decide a specific action or case is known as. a. Diversity- of - citizenship jurisdiction b. Jurisdiction c. Federal- question jurisdiction d. Venue
d.
The concept of venue reflects the policy that a. An individual must have a sufficient stake in a controversy before he or she can bring a lawsuit b. A controversy is real and substantial as opposed to hypothetical or academic c. The court must have authority before it can take a case, try it and decide it d. A lawsuit should be tried in the geographic area in which the parties involved in the lawsuit reside or in which the incident leading to the lawsuit occurred
c.
The constitutional rights of accused persons taken into custody by law enforcement officials are known as: a. Rights upon arrest b. Exclusionary rule rights c. Miranda rights d. Quarles rights
c.
The elements of negligence are: a. Duty, breach, agreement, and consideration d. Duty, breach, capacity, and cause c. Duty, breach, cause, and injury d. Duty, breach, foreseeable risk, and the "but for" test
b.
The geographic district or location in which a case is tried and from which the jury is selected is called a. Jurisdiction b. Venue c.Original jurisdiction d. None of the above
d.
The government grant that gives an inventor the exclusive right or privilege to make, use, or sell her invention for a limited period of time is called a: a. Trademark b. Copyright c. Trade name d. Patent
b.
The judge's charge to the jury, following the attorney's closing arguments, which sets forth the rules of law that they jury must apply in reaching its decision, or verdict, is comprised of the: a. Challenge b. Jury Instructions c. Verdict d. Judgement
d.
The questioning of an opposing witness during a trial is called: a. Direct examination b. Re-cross examination c. Re-direct examination d. Cross-examination
a.
The requirement that a legal claim must be justiciable reflects the policy a. A controversy must be real and substantial, as opposed to hypothetical or academic b. Disputants are entitled to a jury of their peers c. Fairness considerations limit the extent to which individuals and corporations should be required to appear in local courts where they are not citizens d. Jurisdiction can exist over persons or property
d.
The requirements for a valid contract are: a. Capacity, fraud, unconscionability, and legality b. Acceptance, unconscionability, capacity, and legality c. Agreement, consideration, impossibility, and fraud d. Agreement, consideration, capacity, and legality
c.
The right to protect business processes and information that cannot be otherwise protected under the intellectual property laws is called _____ protection. a. Trademark b. Patent c. Trade secret d. Copywrite
d.
Violations of law that are punishable by the state and that are codified by legislature are broadly called: a. Intentional torts b. Strict-liability torts c. Negligence d. Crimes
1, 3, and 5
Which are CL - Criminal Law Characteristics? 1. Offenses against society as a whole 2. Person who suffers harm brings suit 3. Remedies include fine and imprisonment 4. Standard of proof is preponderance of the evidence 5. Wrongful act is a violation of statue that prohibits specific activity
2 and 4
Which are TL - Tort Characteristics? 1. Offenses against society as a whole 2. Person who suffers harm brings suit 3. Remedies include fine and imprisonment 4. Standard of proof is preponderance of the evidence 5. Wrongful act is a violation of statue that prohibits specific activity
b.
Which of the following IS NOT an intentional tort? a. Battery b. Slip and fall c. Defamation d. Intentional infliction of emotional distress
e.
Which of the following are methods for obtaining adequate attorney supervision? a. Communicating with the supervising attorney b. Asking the attorney for feedback on your work c. Placing feedback reminders on your personal calendar. d. Attaching a note to a document that you have prepared for the attorney, requesting him or her to review the document carefully before signing e. All of the above
d.
Which of the following are tasks that paralegals may perform? a.Draft legal documents b. Conduct legal research c. Interview clients and witnesses d. All of the above
e.
Which of the following are types of jurisdiction? a. In personam b. In rem c. Federal question d. Original and appellate e. All of the above
d.
Which of the following courts are examples of courts with limited jurisdiction? a. Michigan circuit court b. Probate courts c. Federal bankruptcy courts d. (B) and (C) only
b.
Which of the following is a primary source of law? a. Compilations of law b. Case law c. Restatements of the law d. Treatises
e.
Which of the following is a remedy for a breach of contract? a. Consequential damages b. Reformation c. Specific performance d. Restitution e. All of the above
e.
Which of the following is an element required for criminal liability? a. Actus reus b. Nolo contendere c. Alibi d. Mens rea e. (a) and (d) only
d.
Which of the following is an example of an activity for which strict liability would be imposed? a. Medical malpractice b. Abnormally dangerous activities c. Keeping dangerous animals d. (b) and (c) above
b.
Which of the following is true of paralegals? a. They may practice law b. They may not practice law c. They only do secretarial work d. They are granted a license to work by the state
e.
Which of the following sources are likely to be included in an investigation plan in an auto accident case? a. Police department b. Witnesses c. Employment records d. All of the above
c.
____ is a body of law created by government agencies in the form of rules, regulations, orders, and decisions used to carry out their duties and responsibilities. a. Case law b. Statutory law c. Administrative law d. Constitutional law
b.
_____ consists of the products that result from a person's intellectual, creative processes, such as literary works, artistic works, or computer software. a. Real property b. Intellectual property c. Personal Property d. (a) and (c) only
a.
_____ exists when the connection between an act and an injury is strong enough to justify imposing liability as a matter of public policy. a. Proximate cause b. Cause in fact c. "But for" cause d. Duty
a.
_____ is causation brought by an act or omission without which an event would not have occurred. a. Cause in fact b. Legal cause c. Proximate cause d. None of the above
d.
_____ is the legality liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods. a. Tort liability b. Fraud c. Intentional tort d. Product liabilty
d.
______ is jurisdiction that exists when two different courts have the power to hear that sam case, such as when a case can be heard in either a federal or state court. a. Exclusive jurisdiction b. Appellate jurisdiction c. Original jurisdiction d. Concurrent jurisdiction
c.
______ is the examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client a. Voir dire b. Cross-examination c. Direct examination d. Redirect examination
b.
______ permits a state to obtain jurisdiction over nonresident defendants, as long as the defendants have "minimum contacts" with the state a. Jurisdiction b. A long arm statute c. Venue d. Standing to sue
d.
________ is the doctrine under which a court is obligated to follow the earlier decision of that court or higher courts within the same jurisdiction a. Statutory law b. The common law c. Precedent d. Stare decisis
b.
________ is the requirement that an individual must have a sufficient stake in a controversy to justify bringing a lawsuit, in others words, the plaintiff must demonstrate injury a. Jurisdiction b. Standing to sue c. Venue d. Justiciable controversy
d.
Administrative agencies have which of the following functions and powers? a. Rulemaking b. investigation and enforcement c. Adjudication d. All of the above
c.
An individual acting as a trial lawyer, who initiates and conducts criminal cases in the government's name and on behalf of the people, is called: a. A public attorney b. A public defender c. A public prosecutor d. A magistrate
c.
An interrogatory is: a. A written interrogation of medical records b. An oral interrogation of one of the parties c. A written question about the lawsuit to one of the parties d. None of the above
c.
Attorney Mitchell is approached by Jane Moore and Bob Danes, brother and sister, to handle the estate of their deceased mother. All goes well until it becomes clear that the mother's will favors the daughter, Jane. At this point, the son, Bob Danes, decides to challenge the validity of the will. What is the most accurate description of the ethical issue attorney Mitchell faces? a. A breach of client confidentiality b. A breach of the duty of competence c. A breach of the conflict of interest rule d. A breach of the duty to secure and keep safe client property
d.
Attorney Rock files an auto negligence case in the county circuit court. All of the parties are residents of the same state, and the trail will take place in the country court. What type of jurisdiction does the county court have? a. Concurrent jurisdiction b. Diversity jurisdiction c. Appellate jurisdiction d. Original jurisdiction
c.
Attorney Smith defended Mr. Roberts in a criminal action for spousal abuse. Two years later, Mr. Roberts was charged with the murder of his wife and hired a new attorney. The new attorney calls attorney Smith to the stand to testify about confidential information that Mr. Roberts told him when he was defending Mr.Roberts on the spousal abuse charges. Attorney Smith should refuse to testify by claiming which of the following? a. The duty to supervise b. The work product doctrine c. The attorney-client privilege d. The duty of competence
b.
A Wisconsin bank wants to foreclose on a vacation home located in Petoskey, Michigan. The vacation home is owned by a resident of Chicago, Illinois. In this situation, the appropriate legal action to recover the home could be brought in the Michigan state trial court on the basis of the court's _______ jurisdiction. a. In personam b. In rem c. Exclusive d. Concurrent jurisdiction
a.
A ______ is a document filed with the court that may be made during trial in which it is requested that the court decide the case in favor of the moving party on the ground that the other party has not offered enough evidence to support a claim against the moving party a. Motion for a directed verdict b. Motion for a new trial c. Motion for a judgement notwithstanding the verdict d. Motion in limine
a.
A body of law developed from custom or judicial decisions in English and U.S. courts and not attributable to a legislature is known as a. Civil law b. Common law c. National law d. Statutory law
b.
A claim made by a defendant in a civil lawsuit against the plaintiff; in effect, a reverse lawsuit, is called a(n): a. Cross-claim b. Counter claim c. Opposition d. Anwer
b.
A court decision that furnishes an example or authority for deciding subsequent cases in which identical or similar facts are presented is called a. Stare decisis b. A precedent c. A common law d. An analogy
d.
A court's written or oral statement setting forth the applicable law and the reasons for its decision in a case is called. a. A case title b. A case citation c. Case law d. An opinion
d.
A court-appointed attorney paid by the state to represent a criminal defendant who is unable to afford an attorney is called: a. A public prosecutor b. The U.S. attorney c. A district attorney d. A public defender
a.
A rule of criminal procedure, under which any evidence obtained in violation of the accused's constitutional rights will not be admissible in court, is called: a. The exclusionary rule b. The evidence rule c. The Miranda rule d. The beyond a reasonable doubt rule
d.
A state trial court that can hear a variety of different matters, from civil lawsuits to criminal actions is called a. A court of concurrent jurisdiction b. A court of limited jurisdiction c. A court of exclusive jurisdiction d. A court of general jurisdiction
b.
A voir dire challenge to exclude a potential juror which requires that counsel supply a supporting reason or cause is called: a. A challenge b. A challenge for cause c. A peremptory challenge d. An objection
b.
A(n) ____ is a question that suggests a desired answer and that usually may be asked only of hostile witnesses direct examination a. Open-ended question b. Leading question c. Hypothetical question d. Close-ended question
b.
A(n) _____ is a written law enacted by a legislature under its constitutional law- making authority. a. Administrative regulation b. Statute c. Court's opinion d. Constitutional provision
d.
A(n) _____ is an attorney's statement to the jury at the beginning of a trial in which the attorney briefly outlines the evidence that will be offered and the legal theory that the attorney will attempt to prove. a. Voir dire b. Charge c. Challenge d. Opening statement
c.
A(n) ________ is an order, rule, or law enacted by a municipal or county government to govern a local matter unaddressed by state or federal legislature. a. Administrative rule b. Court opinion c. Ordinance d. Statute
b.
Ann 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 your textbook, this type of practice is: a. considered to be UPL and it's banned in all states b. Allowed in some states c. Encouraged by NALA d. (a) and (c) only
d.
Attorney Smithers represented Computers, Inc. in its initial incorporation five years ago. Today, Ms. Perkins has asked him to represent her in a patent infringement action against Computers, Inc. As a result of his former representation of Computers, Inc., attorney Smithers is very knowledgeable about its products and their patents. May attorney Smithers represent Ms.Perkins in a patent infringement action against Computers, Inc.? a. Yes, because Computers, Inc. is a former client b. No, because it would constitute simultaneous representation c. Yes, because it would not breach any ethical rules d. No, because it would breach the conflict of interest rule
c.
If an appellate court decides to uphold the trial court's judgement in a case, the appellate court has ____ the trial court's judgement. a. Reversed b. Remanded c. Affirmed d. Overruled
a.
If an appellate court's decision is contrary to the trial court's judgement, the trial court's judgement has been: a. Reversed b. Remanded c. Affirmed d. Overruled
c.
Mr. McMillian comes to attorney Robinson's office to file bankruptcy. He is initially introduced to paralegal Smith. Mr.McMillian provides attorney Robinson with considerable confidential information regarding his financial position, business dealings, and bank accounts. Attorney Robinson subsequently gives Mr.McMillian's file to his paralegal to use in drafting a bankruptcy petition. This is an example of: a. A breach of client confidentiality b. The client expressly consenting to disclosure of confidential information c. the client implicitly authorizing disclosure of confidential information d. All but (a)
b.
Mrs. Jones comes to attorney Nelson's office and asks him to represent her in a divorce. Before leaving the office, Mrs. Jones tells attorney Nelson that if her husband calls to find out if she is divorcing him, that attorney Nelson is to, "go ahead and tell him that she is." This is an example of: a. Conflict of interest b. An express authorization to disclose confidential client information c. An implied authorization to disclose confidential client information d. All but (b)
c.
Paralegal Robertson has taken a job with the law office that represents Silicon Valley Computers, Inc., which is suing Computers, Inc., her former employer, in a breach of contract case. Will Rhonda lose her job? a. No, because it is a violation of the ethical rules b. Yes, because there is an issue oof conflict of interest c. Not necessarily, if procedures are used to ensure she does not learn of or share any information related to the lawsuit ("walling off") d. No, because in our economy people can't be restricted in the jobs they are allowed to pursue.
e.
Paralegal Samantha discusses confidential client information over the telephone in a reception area where several other clients can hear her. As a result, the client files a grievance with the state bar association and Samantha's supervising attorney is disciplined by the state bar. Samantha has breached the rule regarding client confidentiality. What ethical rule(s) below are implicated in this situation? a. Competence b. Advertising ans solicitation c. Conflicts of interest d. responsibilities regarding non-lawyer assistants e. (a) and (d) only
d.
Paralegal Susan arrives at her office at 9:00 A.M. Every morning upon arriving in the office Susan normally checks her personal calendar for the day's court filing deadlines. Today, however, the secretary is out sick and Susan must man the phones and work processor for her. Susan forgets to check her calendar until the end of the day. As a result, she fails to file an important document with the court on behalf of her supervising attorney. Which ethical rule has been breached? a.The duty of client privilege b. The work product doctrine c. The conflict of interest rule d. The duties of competence and diligence
c.
Discovery is: a. Scientific evidence b. The part of the lawsuit where Perry Mason Appears c. The part of a lawsuit where the parties obtain information from each other d. A rule of evidence
e.
In a rush to get out of work early, Paralegal Sam carelessly performs legal research by failing to update a court's decision to find out if the state court of appeals of state supreme court reversed the decision that he found. This is an example of a breach of which of the following ethical rules? a. Conflict of interest b. Zealous representation c. Communication with client d. Fairness toward opposing counsel e. Competence and Diligence
d.
Legal assistants must be able to keep confidences because: a. Clients do not like their secrets told b. Confidential information could be used by others to the detriment of the client c. It is an ethical rule imposed on attorneys d. All of the above
d.
Linda and Karen, both paralegals for the same attorney in a small general office, are riding home from work together on the bus. During their ride, the discuss a client who was in the office that day seeking to file for divorce. The client, who works in their building, is someone who 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 big mouths who work for him and ride my bus?" Which of the following actions can the client take? a. Seek to have a disciplinary action brought against the attorney for violation of the rule of client confidentiality b. Bring a malpractice lawsuit against the attorney c. Demand that they attorney pay him the $200,000 and fire his paralegals d. All of the above are possible options
-Bar Associations Handles -State Supreme Court -State Legislature - The United States Supreme Court
List 4 ways that a lawyer's behavior is regulated
b.
Mediation is a form of alternative dispute resolution that is more likely to foster these goal(s) of the justice system. a. Punishment b. Disputant self-determination c. Establishing precedent for future disputes d. None of the above
d.
One year after Mrs. Smith's divorce is final, she becomes disenchanted with her property settlement and sues her attorney Joe Nelson for legal malpractice. Attorney Nelson uses relevant information obtained during his representation of Mrs. Smith to defend himself from the legal malpractice action. This is an example of: a. A breach of the rule of client confidentiality b.The client consenting to disclosure of confidential information c. A breach of the attorney's duty of loyalty to his former client. d. Using confidential client information to defend against a client's malpractice action, an exception to the confidentiality rule
b.
Questioning potential jurors to determine if they should serve on the jury for the case at hand is called: a. Arraignment b. Voir dire c. Subpoena d. Interrogatory
The United States Supreme Court
Regulates lawyer behavior and conduct
d.
What is the difference between a deposition and an interrogatory? a. Interrogatories are governed by court rules, and depositions are not b. Depositions are given under oath, and interrogatories are not c. Interrogatory (questions) are usually unlimited in number, and depositions are not d. Depositions consist of oral questions, and interrogatories are written
e.
Where there is concurrent jurisdiction, to decide whether a case should be filed in state or federal court counsel should a. Evaluate the likelihood of winning in each court b. Evaluate the costs and procedural rules involving in filing in each court c. Evaluate the length of time it will take each court to decide the case d. Evaluate the jury pool available for each court e. All of the above
b.
The process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgement or decisions is called a(n): a. Record on appeal b. Appellant c. Appeal d. Appellee
b.
The standard used to determine the guilt of innocence of a person charged with a crime is: a. Beyond a preponderance of the evidence b. Beyond a reasonable doubt c. Beyond the shadow of a doubt d. None of the above
d.
Thomas Timmons, a paralegal, brings a witness into his office for an interview. Thomas leaves a deposition and several letters from another client's file on his desk. The witness reads the deposition and the letters while Thomas takes a telephone call during the interview. Thomas has violated the ethical rule(s) regarding: a. Competence b. An express authorization to disclose confidential client information c. Confidentiality d. All but (b)
c.
Under FRCP 26, which of the following is true? a. The discovery process will take longer b. Depositions, interrogatories, and other discovery tools have been eliminated c. Automatic disclosure of relevant information is required d. State court rules have been abolished
Interest on Legal Trust Account 1. No company money should comingle with unearned client money. 2. As soon as the money is earned it must be taken out of the IOLTA account and into the company account.
What does IOLTA stand for? What are a lawyer's obligations with respect to this?
Unauthorized Practice of law. 1. Giving legal advice and opinions 2. Representing a client in court
What does the acronym UPL stand for? Describe 2 specific examples of UPL by paralegals.
d.
Which of the following describes the useful function of the doctrine of stare decisis? a. Efficiency b. Consistency c. Stability and Predictability d. All of the above
e.
Which of the following features is unique to criminal trials and different from those of civil trials? a. The right to a speedy and public trial b. Unanimous verdict by the jury c. A presumption of the defendant's innocence d. A higher standard of proof e. All of the above
d.
Which of the following is a pretrial motion a. Motion of judgement on the pleadings b. Motion for summary judgement c. Motion to dismiss d. All of the above e. (a) and (b) only
c.
_____ exists if there is a substantial likelihood that (1) a crime was and (2) the individual committed the crime. a. A reason to arrest b. A felony c. Probable cause d. None of the above
