March 25 Exam Flashcards
List three differences between mediation and arbitration.
Mediation involves a 3rd party to assist in a resolution
Mediation allows a party to go back to court and file a breach of contract if the party does not adhere to the agreement.
Mediation allows for discretion between the parties.
Arbitration is by contract.
Arbitration is final. No appeal.
Arbitration is 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
May a paralegal sign a pleading by permission?
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
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.
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
What is the minimum age for criminal responsibility in the juvenile courts.
10 years.
What is a directive to apprehend and why is it issued?
A directive to apprehend is a warrant for arrest for a juvenile. It is issued if a crime has been committed or the juvenile has violated their probation.
A juvenile is in police custody. Police want to take his statement. Who must give the juvenile his Miranda warnings in order for the statement to be admissible?
neutral magistrate
An attorney is hired in a juvenile case. The juvenile’s parents pay the attorney’s fee. Is the attorney obligated to tell the parents everything the juvenile tells him? Why or why not?
No. The juvenile has a right to confidentiality. The juvenile is the attorney’s client and has privilege, not the parents.
Who issues a no-bill and what does it mean?
The grand jury. There is no probably cause for the case to move forward.
Who taught you criminal and juvenile law?
Jane Vara
Email address of the defendant’s neighbor:
moremerlot@wino.com
Where plaintiff ordered dinner from on 9-20-2012.
Fuzzy Pizza
Name of the child whose birthday party was on 9-20-2012.
Kelsey
On what street does plaintiff live?
Morse
What is the cost of a replacement access card at the firm?
$500
What is the address of the law firm?
2323 S. Shepherd Dr, Houston, TX 77019
