?? Ethics & appears to be criminal lawt Flashcards
ADR
Alternative Dispute Resolution
Two Main forms of ADR
- Mediation
- Arbitration
Why do we need alternatives?
litigation is expensive
time consuming
Mediation and Arbitration similarities / differencies
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
How long does ADR take?
Depends
Cost of ADR?
Depends
Should you do Arbitration?
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
Can a paralegal be a mediator?
sure, but probably won’t get hired
What is Discovery?
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.
What does Discovery do?
prevents surprise,
allows for thorough prep for trial,
saves court time, and
promotes settlement
What are the major forms of discovery?
- Deposition
- Request for Disclosures
- Interrogatories
- Request for Production
- Request for Admissions
- Physical and Mental Exams
Depositions are ___.
oral testimony given,
under oath,
by a party or witness prior to trial.
The person testifying is called the deponent.
The deponent in a deposition is ___.
the person testifying.
** The person testifying in a deposition is called the ___.
deponent.
The deposition of a witness can be given voluntarily or ___.
pursuant to a subpoena (court order).
List 3 differences between mediation and arbitration.
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.
The ethical rules for attorneys and paralegals in Texas are called ___.
Texas Disciplinary Rules of Professional Conduct
UPL stands for
Unauthorized Practice of Law
May a paralegal sign a certificate of service?
No
What should be in the signature box of a paralegal?
Paralegal’s name and title
When may a paralegal solicit clients for an attorney?
never
Is an attorney signature stamp the same as signing by permission?
yes
is UPL a civil offense, a criminal offense, neither, or both?
Both, a civil offense and a criminal offense
Is a paralegal permitted to reject a case for an attorney if the attorney tells the paralegal to do so?
No
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?
No
Give three examples of what constitutes “legal advice”
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)
Under what circumstance will an ethical wall be built around a paralegal?
when there is a conflict
CLE stands for
continuing legal education
At what age is a person considered an adult for purposes of the criminal justice system?
17
In the state of Texas, crimes are classified in what two categories?
misdemeanor
felonies
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?
motion to surpress
Name three ways a criminal case may be resolved.
Dismissal,
Plea,
Trial
Evidence that is favorable to a defendant is called what?
exculpatory evidence or brady motion
Which motion should be filed in every criminal case that is set for trial?
Motion for Discovery
What type of hearing is held to determine if a juvenile case should be transferred to a criminal district court?
certification hearing
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?
14 years
