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Paralegal > ?? Ethics & appears to be criminal lawt > Flashcards

?? Ethics & appears to be criminal lawt Flashcards

1
Q

ADR

A

Alternative Dispute Resolution

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2
Q

Two Main forms of ADR

A
  • Mediation

- Arbitration

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3
Q

Why do we need alternatives?

A

litigation is expensive

time consuming

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4
Q

Mediation and Arbitration similarities / differencies

A

Mediation -
ordered by the court
almost nobody leaves with all of what they want

Arbitration -
is agreed to in contract
it is one person who decides everything

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5
Q

How long does ADR take?

A

Depends

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6
Q

Cost of ADR?

A

Depends

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7
Q

Should you do Arbitration?

A

Can you sit down and figure it out on your own?
Arbitration - if you are unhappy, nothing you can do
Mediation - other party doesn’t hold terms of contract you can sue for breach of contract

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8
Q

Can a paralegal be a mediator?

A

sure, but probably won’t get hired

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9
Q

What is Discovery?

A

It is a detailed pretrial procedure that both parties engage in to learn facts of the case, as well as witnesses that will be called, from the other party.

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10
Q

What does Discovery do?

A

prevents surprise,
allows for thorough prep for trial,
saves court time, and
promotes settlement

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11
Q

What are the major forms of discovery?

A
  1. Deposition
  2. Request for Disclosures
  3. Interrogatories
  4. Request for Production
  5. Request for Admissions
  6. Physical and Mental Exams
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12
Q

Depositions are ___.

A

oral testimony given,
under oath,
by a party or witness prior to trial.
The person testifying is called the deponent.

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13
Q

The deponent in a deposition is ___.

A

the person testifying.

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14
Q

** The person testifying in a deposition is called the ___.

A

deponent.

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15
Q

The deposition of a witness can be given voluntarily or ___.

A

pursuant to a subpoena (court order).

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16
Q

List 3 differences between mediation and arbitration.

A

Mediation -
- involves a 3rd party to assist in a resolution
- allows a party to go back to court and file a breach of contract if the party does not adhere to the agreement
- allows for discretion between the parties.
Arbitration -
- by contract
- final. No appeal.
- heard and decided by one person.

17
Q

The ethical rules for attorneys and paralegals in Texas are called ___.

A

Texas Disciplinary Rules of Professional Conduct

18
Q

UPL stands for

A

Unauthorized Practice of Law

19
Q

May a paralegal sign a certificate of service?

A

No

20
Q

What should be in the signature box of a paralegal?

A

Paralegal’s name and title

21
Q

When may a paralegal solicit clients for an attorney?

A

never

22
Q

Is an attorney signature stamp the same as signing by permission?

A

yes

23
Q

is UPL a civil offense, a criminal offense, neither, or both?

A

Both, a civil offense and a criminal offense

24
Q

Is a paralegal permitted to reject a case for an attorney if the attorney tells the paralegal to do so?

A

No

25
Q

If the attorney has a fee schedule for different kinds of cases, is it all right for a paralegal to quote a fee to a prospective client?

A

No

26
Q

Give three examples of what constitutes “legal advice”

A

Yes, you have a case.
No, you don’t have a case.
You should not get a living trust. (ck this one before using it)

27
Q

Under what circumstance will an ethical wall be built around a paralegal?

A

when there is a conflict

28
Q

CLE stands for

A

continuing legal education

29
Q

At what age is a person considered an adult for purposes of the criminal justice system?

A

17

30
Q

In the state of Texas, crimes are classified in what two categories?

A

misdemeanor

felonies

31
Q

The police took a client’s written statement. The client tells his attorney that he did not waive his right to an attorney. What type of motion should the attorney file to attempt to keep the statement out of evidence?

A

motion to surpress

32
Q

Name three ways a criminal case may be resolved.

A

Dismissal,
Plea,
Trial

33
Q

Evidence that is favorable to a defendant is called what?

A

exculpatory evidence or brady motion

34
Q

Which motion should be filed in every criminal case that is set for trial?

A

Motion for Discovery

35
Q

What type of hearing is held to determine if a juvenile case should be transferred to a criminal district court?

A

certification hearing

36
Q

A juvenile commits a first degree felony. What is the minimum age she must be if the State wants to transfer her case to a criminal district court?

A

14 years

Paralegal (28 decks)

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