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Paralegal > Midterm on Exam > Flashcards

Midterm on Exam Flashcards

1
Q

If other person have a pecuniary interest in a lawsuit, they may step in and become parties in a process called……………………

A

intervention

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2
Q

The…………………..is the law that establishes the period during which a plaintiff must bring a lawsuit against a defendant.

A

Statute of Limitation

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3
Q

A person giving a deposition es called a ………………..

A

deponent

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4
Q

Another name for jury instructions is …………………

A

jury charge

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5
Q

Papers filed with a court to initiate or respond to a lawsuit are called……………..

A

pleadings

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6
Q

The initial pleading in state court is called a ………..

A

petition

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7
Q

The initial pleading in federal court is called a………….

A

complaint

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8
Q

A……………………is a court order directing the defendant to appear in court and answer

A

summons

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9
Q

A chronology is a

A

time line

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10
Q

Name two dispositive pretrial motions.

A
  1. Motion to dismiss

2. Motion for summary judgment

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11
Q

What does “dispositive” mean in that context?

A

to dispose of the lawsuit

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12
Q

When a lawyer speak to and with the jury panel prior to the selection of the jury, this is called?

A

Voir dire

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13
Q

The words that an attorney says to the seated jury at the start of the trial are called?

A

opening statements

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14
Q

The last words that an attorney says to the seated jury are called?

A

closing arguments

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15
Q

What two things may take place in trial immeditely after boths sides rest?

A

Rebutal and rejoinder

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16
Q

Who reads the verdic in Texas state courts?

A

the clerk

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17
Q

JNOV stands for the Latin phrase

A

Jury non obstante verdicto

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18
Q

Explain JNOV

A

a judgement entered by a judge after a jury has returned a verdict

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19
Q

When the judge reduces the amount of damages awarded by a jury, that’s called?

A

remittitur

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20
Q

The appealing party is called the ……………..and the other party is called the………………..

A

Appellant

appellee

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21
Q

What three actions may an appellate court take after hearing a case?

A

affirm
remend
reverse

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22
Q

The party who appeals may be required to post an appeal bond called a…………………..in Texas

A

supersedeas bond

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23
Q

name five forms of discovery

A
  1. request for admission
  2. request for disclosure
  3. request for production
  4. interrogatories
  5. deposition
  6. Physical and Mental Exam
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24
Q

Written questions submitted to a party during discovery are called?

A

interrogatories

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25
Q

If an RFA is not answered on time, it is…………..and to undo that, you’d file a ………….

A

deemed admitted

motion to strike deemed admission

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26
Q

Pro se means……………..

A

to represent oneself

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27
Q

Explain “ex parte”

A

When one party meat with the judge withoutthe other party been present

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28
Q

ESI stands for?

A

Electronic Saved Information

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29
Q

Clouds are?

A

remote storage systems hosted on the internet

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30
Q

A litigation hold is sent when litigation is (two words)

A

reasonably anticipated

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31
Q

What four things are in a litigation hold letter?

A
  1. Name of the parties involved
  2. Description of the legal claims
  3. Scope of the legal hold
  4. Likely sources of relevant ESI
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32
Q

How long does a litigation hold last if litigation has not commenced?

A

until Statute of Limitations expire

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33
Q

How long does a litigation hold last if litigation has already commenced?

A

untill all the appeal process has been exhausted

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34
Q

The intentional or negligent withholding, hiding, altering or destroying relevant evidence is called?

A

spoliation

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35
Q

A person who does spoliation is called a?

A

the trier of fact

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36
Q

What is the difference between a litigation hold and a preservation letter?

A

littigation hold is the letter sent to the opposing party and a preservation letter is for the client

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37
Q

The most cited e-discovery case is ………………v……………

A

Zulake v. U.S.

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38
Q

Email address, in the mock trial, of the defendants neighbor?

A

moremerlt@wino.com

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39
Q

Where plaintiff ordered dinner from on 9.20.2010?

A

Fuzzy Pizza

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40
Q

Name of the child whose birthday party was on 9.20.2010?

A

Kelsey

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41
Q

On what Street does the plaintiff live?

A

Morse st

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42
Q

What is the cost of a replacement Access card at the firm?

A

$500

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43
Q

What is the address of the law firm?

A

2323 S. Shepherd

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44
Q

What is the name of the security guard who is a witness?

A

Nathan Fredicksen

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45
Q

In the email from the defendant to her husband, in the mock trial, by what “pet name” does she referes to him?

A

Baby

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46
Q

What is the name of the case that the mocktrial parties were working on just before the damages to the car took place?

A

Vara v. CBS

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47
Q

List three diferences between mediation and arbitration

A

the arbitrator makes the final decisión, on mediation both parties agree on something.
Arbitration is final, mediation can be taken to court.

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48
Q

There are————-(number) of strictly Family Courts in Harris County

A

9

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49
Q

What are the three requirements for an Informal Mariage in Texas?

A

To call themselves husband and wife
to cohabitate
to agree they are married

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50
Q

Texas has two kinds of marriages: informal and———–

A

ceremonial

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51
Q

What is the diffrence between annulment and divorce?

A

Annulmant voids the marriage, divorce ends a valid marriage

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52
Q

Mínimum age at which a person can marry in TX without parental consent?

A

18

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53
Q

To get a divorce in Texas, you must live here for how long?

A

6 months

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54
Q

To get a divorce in Texas, for how long must you reside in the county in which you file?

A

90 days

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55
Q

What document is filed to start divorce proceedings?

A

file for petition

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56
Q

The party who files for divorce es called the ————- and the other party is called the………………

A

petitioner

respondent

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57
Q

TRO stands for?

A

Temporary restraining order

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58
Q

What is the minimum amount of time between filing and getting the divorce?

A

90 days

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59
Q

Can I get a divorce while I’m pregnant so that I can marry the real dad?

A

no

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60
Q

In what manner does a judge divide community property in a divorce?

A

Just and right

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61
Q

Support paid by one spouce to another during the pendency of a divorce action es called…………..

A

temporary spousal support

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62
Q

In Texas, “custody” is called—————

A

conservatorship

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63
Q

In Texas, “visitation” is called—————–

A

possession and access

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64
Q

The child support formula for two children is…………..of net source

A

25%

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65
Q

After a divorce, parts of the decree related to childen can be changed through a process called————–

A

modification

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66
Q

At what age can a child decide with which parent he will live?

A

18 years of age

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67
Q

A man who has been found to be a father of a child by court is called an…………….

A

ajudicated father

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68
Q

SAPCR stands for?

A

Suit affecting parent child relationship

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69
Q

How long do you have to wait to get married after a divorce is granted?

A

30 days

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70
Q

Can you be thrown in jail for not paying child support?

A

yes

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71
Q

Is it legal for me to marry my stepbrother?

A

yes

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72
Q

Can a same sex couple have an Informal Marriage in Texas?

A

no

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73
Q

The ethical rules for attroneys and paralegals in Texas are called…………….

A

Texas Diciplinary Rules for Profesional Conduct

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74
Q

UPL stands for————–

A

Unauthorized practice of law

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75
Q

May a paralegal sign a pleading by permission?

A

no

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76
Q

May a paralegal sign a certificate of service?

A

no

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77
Q

What should be in the signature box of the paralegal?

A

the full name and tittle

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78
Q

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

A

yes

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79
Q

Is it all right for an attorney to give a paralegal a bonus based on the settlement of a big case?

A

no

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80
Q

Is it all right for a paralegal to conduct settlement negotiations with opposing counsel or his/her paralegal?

A

no

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81
Q

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

A

both

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82
Q

If other person have a pecuniary interest in a lawsuit, they may step in and become parties in a process called——————

A

intervation

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83
Q

The…………………is the law that establishes the period during which a plaintiff must bring a lawsuit against a defendant

A

Statutes of Limitation (SoL)

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84
Q

A person giving deposition is called a ……………

A

deponent

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85
Q

Another name for jury instruction is————————

A

jury charge

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86
Q

Papers filed with the court to initiate or respond to a lawsuit are called————————

A

pleadings

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87
Q

The initial pleading in state court is called a………….and in federal courts, it’s called a————–

A

petition

complaint

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88
Q

Name two dispositive pretial motions:

A

motion to dismiss and

motion for summary judgment

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89
Q

a litigation hold is sent when litigation is (two words)

A

reasonably anticipated

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90
Q

Which two agencies created the Do Not Call Registry?

A

Federal Communications Commission

Federal Trade Commission

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91
Q

What law establishes the procedures federal administrative agencies must follow?

A

Administrative Procedures Act

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92
Q

What agency regulates air, water, hazardous waste and pollution?

A

Environmental Protection Agency

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93
Q

What agency is responsable for coordinating certain federal agencies to protect the country against terrorism?

A

Department of Homeland Se3curity

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94
Q

What agency regulated the sale and purchase of stock and bonds?

A

Security Exchange Commission

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95
Q

What federal agency enforces many consumer laws?

A

Consumer Product Safety Commission

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96
Q

What agency regulates trade unions?

A

National Labor Relations Board

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97
Q

What federal agency regulates radio, televisión and cable?

A

Federal Communications Commission

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98
Q

What agency refulates the safety of cosmetics?

A

Food and Drug Administration

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99
Q

An…………………….is an order that directs a person to disclose the requested information

A

Administrative Subpoena

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100
Q

The——————————–was enacted to open certain federal administrative agency meeting to the public

A

government in the Sunshine Act

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101
Q

What kind of case was a Vara v. CBS case?

A

an employment contract case

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102
Q

Two broad categories of property are?

A

real property

personal property

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103
Q

Under which category of property are crops?

A

real property

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104
Q

Under which category of property are pets?

A

personal property

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105
Q

Under which category of property are minerals

A

real property

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106
Q

Name 3 ways in which personal property may be acquired?

A

purchase, inheritance, gift, production, misplace or lost

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107
Q

what are the tree elements of a valid gift of personal propertive?

A

delivey,
acceptance,
donative intent

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108
Q

The bundel of legal rights that the owner of land has to posess use or enjoy the property is called?

A

state in land

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109
Q

the highest form of ownership of real property is called

A

fee simple absolute

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110
Q

what are the two forms of future interests in real property?

A

reversión and

remainder

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111
Q

A form of joint ownership that includes a right to survivorship is called

A

joint tenancy

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112
Q

How many estates recognize community property of a married couple?

A

9

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113
Q

in real property transfer, the selles is called the ……………….and the buyer is called the………….

A

grantor

grantee

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114
Q

What is the name of the law that cover security dposits for aparments

A

Texas Security Deposit Law

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115
Q

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

A

17

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116
Q

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

A

misdemeanors

felony

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117
Q

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

A

Motion to supress evidence

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118
Q

Name three ways a criminal case may be resolved?

A

guilty plea
paying a fine
preliminary hearing

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119
Q

evidence that is favorable to the defendant is called?

A

exculpatory evidence

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120
Q

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

A

discovery motion

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121
Q

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

A

certification hearing

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122
Q

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

A

14

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123
Q

What is the mínimum age for criminal responsibility in the juvenile court?

A

10

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124
Q

What is a directive to apprehend and why is it issued?

A

is an order given by a judge authorizing the aprenhension of a juvenile

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125
Q

A juvenile is in pólice custody. Pólice wants to take his statement. Who must give the juvenile his Miranda Warnings in order for the statement to be admisable

A

A neutral magistrat

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126
Q

What is a no-bill and who issues a no-bill?

A

when there is not enough evidence to continue with the case and
a grand jury

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127
Q

What is the opposite of a no bill?

A

True Bill

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128
Q

What is the most common way to get out of jail after you’ve been arrested?

A

bond out

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129
Q

What is the difference between a cash bond and going to a bondsman to make a bond?

A

in cash bond you get your money back

in bondsman you give 10% at the begining an there is no cash back

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130
Q

What is a PR bond?

A

the person doest have to give money, the person recognices the bond

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131
Q

What place of incarceration does Texas have that’s sort of between a jail and a prison?

A

State jail

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132
Q

The doctrine that an employee be fired for any reason or no reason at all, as long as no employment discrimination statute is violated is called?

A

Employment at Will

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133
Q

What is the most common exception to that doctrine?

A

contract

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134
Q

The main federal law that deals with employment discrimination is

A

Title VII of the Civil Right Act of 1964

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135
Q

The Texas law that is analogous to the Title VII law is

A

Texas Commission on Human Rights Act

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136
Q

ADA stands for ……………….and ADEA stands for

A

Americans with Disabilities Act

Age Descrimination Employment Act

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137
Q

You must be at least—————-years of age to be covered by the ADEA

A

40

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138
Q

How many employees must you have to be covered by Title VII Law

A

15 or more

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139
Q

To be covered by FMLA, an employee must have worked………… for the employer and there must be………..or more employees

A

12 months

50

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140
Q

What is the name of the law that covers people serving on jury

A

Texas Jury Reemployment Act

141
Q

What is the two Word phrase that defines promissory estoppel

A

Detrimental Reliance

142
Q

Explain promissory estoppel as it relates to employment law

A

you relay on your employer

143
Q

How many breaks are required by law in an 8-hour workday?

A

none

144
Q

How much paid sick leave is an employee required by law to get each year?

A

none

145
Q

How often does the law require that an employee be alloowed to inspect his/her personnel file?

A

none

146
Q

May an employer lawfully ask an applicant how she will get to work?

A

yes

147
Q

May an employer lawfully ask if an applicant has ever been arrested?

A

no

148
Q

The requirement that you file a complaint with the EEOC before you file a lawsuit is called the?

A

Administrative Exostion

149
Q

In court in an employment discrimination case, the plaintiff must firts make a………………case

A

primaface

150
Q

SLNDR stands for

A

Single Legislation non discriminatoriy reazon

151
Q

If the defendant offers a SLNDR, the plaintiff must show that the SLNDR is a ————–

A

pretext for descrimination

152
Q

………………………means that you do not have to belong to a union to get employment in Texas

A

right to work

153
Q

Under which branch of government are most administrative agencies, such as the EEOC?

A

Executive Branch

154
Q

The definition of disabilities under the ADA is a physical or mental…………….that……………..

A

impearments

sustantially limits one or more mayor life activities

155
Q

What are the sections of the ADA called?

A

Tittles

156
Q

How many sections does the ADA have?

A

5|

157
Q

Which title of the ADA covers employment?

A

TittleI

158
Q

Which title of the ADA covers places of public accommodations?

A

Title III

159
Q

Name three protected clases in terms of employment discrimination

A

Sex, color, age

160
Q

Name five mayor life activities under the ADA

A

breath, walk, stand, see, and hear

161
Q

EEOC stands for

A

Equal Employment Opportunity Commission

162
Q

A person has……………………days to file a claim with the EEOC after the adverse employment action.

A

in Texas 300 days, in the other states 180 days

163
Q

After the EEOC investigates, it issues a

A

right to sue letter

164
Q

After the right to sue letter you have………..days to file suit in court

A

90

165
Q

Which president was responsable for the passage of the Civil Rights Act?

A

Lyndon B. Johnson

166
Q

Secretary of State

A

John Kerry

167
Q

Scretary of Defense

A

Chuck Hagel

168
Q

Secretary of Commerce

A

Penny Pritzker

169
Q

Secretary of Homeland Security

A

Janet Napolitano

170
Q

Secreatry of Transportation

A

Anthony Foxx

171
Q

Secretary of Education

A

Arne Duncan

172
Q

Secretary ofHealth / Human Services

A

Kathleen Sebelius

173
Q

Secretary of Energy

A

Ernest Moniz

174
Q

Secretary of Treasury

A

Jack Lew

175
Q

Secretary of Interior

A

Sally Jewell

176
Q

Seretary of Veteran’s Affairs

A

Eric K. Shinseki

177
Q

Motions may be made when in the procedings?

A

any time

178
Q

……………………..asks the court to decide that a claim,even if acepted as true, is not one for which the law offers a remedy.

A

Motion to dismiss

179
Q

It has taken the place of the common law…………..in most modern civil practice.

A

demurrer

180
Q

Unearned attorney fees mast be maintained where ultil earne?

A

IOLTA

181
Q

A……………………..asks the court to decide that the available evidence, even if taken in the light most favorable to the non-moving party, suppos a ruling in favor of the moving party.

A

A Motion for Summary Judgment

182
Q

A………………………asks the court to decide that certain evidence may or may not be presented to the jury at the trial

A

Motion in Limine

183
Q

The violation of motion in Limine can result in the court…………………

A

mistrail

184
Q

A…………..asks the court to rule that the party with the burden of proof has not met proven the case, and there is no need for the defense to attempt to present evidence. This motion is made after the plaintiff has rested it case, and prior to the defense presenting any evidence

A

Motion for a Directed Verdict

185
Q

A……………………..asks the court to reverse the jury’s verdit on the ground that the jury could not reasonably have reached such a verdic, or that the verdict is unsupported by the evidente.

A

Motio for JNOV

186
Q

Under Rule 50 of the Federal Rules of Civil Procedure, the Motion for a Directed Verdict and Motion for JNOV have been replaced by teh

A

Motion for Judgment as a Matter ofLaw

187
Q

The……………….asks curt to order either the opposing party or a third party to take some action

A

Motion to Compel

188
Q

A……………………..asks the court to postpone or delay a case that has been for trial

A

Motion for Continuance

189
Q

A…………….asks the court to extend the deadline by which a document must be filed.

A

Motion to Extend

190
Q

What kind of fee agreement is generally used by criminal dense attorneys?

A

Flat fee

191
Q

a………..asks the court to allow a party to withdraw or amend its deemed admisión.

A

Motion toStrick Deemed Admission

192
Q

What are th two reasons for objeting a trial

A
  1. To prevent evidence from being introduced and heard by the jury
  2. To preserve the issue for appellate review.
193
Q

If the question will not solicit testimony that has anything to do with the issues before curt, the proper objection is …………

A

relevance

194
Q

If a leading question is asked on direct, the proper objecton is ………………

A

Leading

195
Q

If you ask a witness a question and they respond by saying something other thn the answer o the qestion, the proper objection is……………

A

non responsive

196
Q

If the other side tries to introduce evidence, especilly tangible evidence without laying the proper predicate, the proper bjection is……….

A

No foundation

197
Q

If a qustion is asked that is radicated on facts that haven’t been introduced into evidence, the proper objection is……………………..

A

Assumed Facts not in evidence

198
Q

If the other lawyer asks long questions that don’t even sound like a question, the proper objection may be…………..

A

counsel is testifying

199
Q

If the answer to a question tends to go and on, without another question being asked, the proper objction is…………..

A

Narrative

200
Q

A…………….ask the court to transfer a case to anoter county in Texas

A

Motin to transfer Venue

201
Q

What kind of fee ageement is generally used by plaintiff’s attorneys?

A

Contingency

202
Q

POA stands for…………

A

Power of attorney

203
Q

MPOA stands for…….

A

Medical Power of Attorney

204
Q

HIPAA stands for……………

A

Healh Insurance Portability and Accesability Act

205
Q

LOA stands for……………..

A

Letter of Assurance

206
Q

LT sands fr

A

Letters Testamentary

207
Q

COD stands for

A

Certificate of Death

208
Q

FOIA stands for…………………and is used to request………………..records

A

Federal Open Information Act

Federal records

209
Q

TORA stands for…………….and is issued to request records from………………

A

Texas Open Record Act

state government records

210
Q

In Texas, the statute that governs business organizations is called………………

A

Texas Business Organizations Code

211
Q

DBA stands for……….., and you should file an……………….with the……………………..to creat one

A

Doing Business As
Assumed name certificate
County Clerk’s Office

212
Q

LLP stands for…………………. and LLC stands for

A

Limited Liability Partnership

Limited Liability Company

213
Q

In an LLP, the owners are called …………………and in an LLC, the owners are calles……………………, and in a corporation, owners are called…………………..

A

partners
members
shareholders

214
Q

A Texas corporation is formed by filing………………………….with the ……………………office

A

Certification of Formation

Secretary of State

215
Q

Texas imposes a privilege tax called a…………………….., on corporations chartered in the state, or qualified to do business in the state.

A

Margin tax

216
Q

………………………are a specific set of rules, adopted by the BOD, for managing the business

A

Bylaws

217
Q

DMCA stands for………….

A

Digital Millenium Copyright Act

218
Q

For what period of time is a trademark registration valid?

A

10 years

219
Q

What is the legal significance of putting TM or SM on a mark?

A

There is no legal significance

220
Q

Where must all patent applications be filed?

A

United States Patent and Trademark Office

221
Q

GATT stands for………………

A

General Agreementon Tariff and Trade

222
Q

WTO stands for……………

A

World Tade Organization

223
Q

For patents, the U.S. follows the “first to……………………” rule

A

invent

224
Q

Where do I register a copyright?

A

With the U.S. Copyright Office

225
Q

How long is the term of a copyright for an Individual?

A

The life of the autor plus 70 years

226
Q

How many senators serve in the U.S. Senate?

A

100

227
Q

How long are their terms?

A

6 years

228
Q

Name the two U.S. Senators who represent Texas

A

Ted Cruz

John Cornyn

229
Q

How many members serve in the U.S. House of Representatives?

A

435

230
Q

How long is the House of Representatives term?

A

2 years

231
Q

How long is the term of the president of the United States?

A

4 years

232
Q

To how many terms is the President limited to?

A

2 terms

233
Q

In what year is our next President election?

A

2016

234
Q

Two broad categories of evidence:

A

testimony underoath

Documentary evidence

235
Q

What is the source for evidentiary rule in federa courts?

A

Federal Rules of Evidence

236
Q

To exclude witnesses from the court room, one must…..

A

Invoke the Rule

237
Q

What happens if a witness violates the Invoke Rule?

A

the witness is excluded and held in contempt

238
Q

If a judge accepts a report from the national weather center regarding the weather condition on a particular day, s/he is taking…………

A

judicial notice

239
Q

Any evidence that has a tendency to make the existence of any fact that is of consequence to the determinaton of the action more probable or less probable than it would be with the evidence is………

A

relevance

240
Q

Reputation is one method of proving————-

A

character

241
Q

If I trip on a broken title at the Hilton and break my ankle and then they fix the tile the very next day, can I introduce that fact at trial to show that the missing tile was a real hazard?

A

no

242
Q

If I negligently injure Wendy, and offer to pay her medical expenses, can she use that offer at trial to show that the injury was my fault?

A

no

243
Q

If I plead guilty to a crime, and later withdraw my plea of guilty, can the prosecutor tell the jury that I did it?

A

no

244
Q

name two priviledge “pairings”

A

husband and wife

lawyer and client

245
Q

Every witness must……….before testifying in court

A

swear and affirm

246
Q

If Susan is a member of a weird religious sect, can I use that fact to discredit her testimony in trial?

A

no

247
Q

The scope of direct examination is limited by…………

A

pleadings

248
Q

Is cross examination in Texas limited to what was discursed on direct?

A

no

249
Q

Under what circumstances may leading questions be asked in direct?

A

with hostile witness

250
Q

Answer to interrogatories cannot be used as evidence by the…………

A

party who answers

251
Q

What is another Word for predicate in terms of laying the predicate?

A

foundation

252
Q

What are the first Words in laying the predicate?

A

May I aproach the witness?

253
Q

To impeach a witness means to prove that the witness is……….

A

lying

254
Q

The most common way in which a witness is impeached is by using an…………….

A

Inconsistent previous testimony

255
Q

What is the definition of hearsay?

A

is a statement made out of court, presented in court to prove the truth of the matter assert.

256
Q

Name two hearsay exceptions

A

family records

records of religious orgaizations

257
Q

Name one kind of statement that is listed in the Rules as not being hearsay

A

Prior statement by a witness
depositions
admission by party opponent

258
Q

In Texas the statute that governs business organiztions is called?

A

Texas Business organization Code

259
Q

The simplies form of business organization is

A

Solo Proprietorship

260
Q

DBA stands for…………….and you file an…………..with the ………………….to creat one

A

Doing Business As
assumed name
County Clerk’s Office

261
Q

You must have at least………………partners to form general partnership

A

2

262
Q

LLP stands for…………………and LLC stands for………………

A

Limited Liability Partnership

Limited Liability Company

263
Q

In an LLP, the owners are called…………….and in an LLC the owners are called…………….

A

Partners

Members

264
Q

The owners of a corporation are called?

A

shareholders

265
Q

The state in which a corporation is formed is called the…………….jurisdiction

A

domestic

266
Q

A Texas corporation is formed by filing a…………..with the………………..office

A

Certificatye of formation

Secretary of State

267
Q

Texas imposes a privilege tax called a…….on corporations chartered in the state, or qualified to do business in the state

A

margin tax

268
Q

………………are a specific set of rules, adopted ba the BOD, for managing the business

A

Bylaws

269
Q

A corporation whose stock is traded on the stock exchang is called a ………………corporation

A

publc

270
Q

Ownership in a corporation is evidenced by ………………

A

stock certificates

271
Q

A corporation that was created in another states is called a ……………..corporation

A

foreign

272
Q

DMCA stands for………………….

A

Digital Millenium Copyright Act

273
Q

For what period of time is a trademark registration valid?

A

10 years

274
Q

What is the legal significance of puting TM or SM on a mark?

A

no legal significance

275
Q

A………………is used to verify that goods and services are of a certain quality or originaste from specific geographical area

A

Certification mark

276
Q

A……………..is use by cooperatives, associations, and fraternal organizations

A

Collective mark

277
Q

Where must all patent applications be filed?

A

United States Patent and Trademark Office

278
Q

GATT sands for………

A

General Agreement on Tariffs and Trade

279
Q

WTO stands for………..

A

World Trade Organization

280
Q

For patents, the U.S. follows the “first to………..rule”

A

invent

281
Q

Where do I register a copyright?

A

With the Unite States Copyright Office

282
Q

How long is the terms of a copyright for an individual?

A

The life of the individual plus 70 years

283
Q

Law developed by judges through opinions issued when deciding cases is called…………………, as opposed to written laws enacted by state or federal legislative branches, which are called……………..

A

case law

statutes

284
Q

a compact between two or more nations that is ratified by the Senate is a …….., and if it is not ratified by the Senate, it is called an…………..

A

treaty

executive agreement

285
Q

Latin for “stand by the decisión” is ………. It means the reluctance of the court to ignore……………….

A

stare decisis

precedence

286
Q

What does the Establishment Clause do?

A

Prohibits the government from prefering one religión over the other

287
Q

What five rights does the First Amendment provide?

A

Freedom of speach, religión, press, assambly ando petition

288
Q

The highest civil court in Texas is called the ……………..and the highest criminal court in Texas is called the………………..

A

Texas Supreme Court

Texas Court of Criminal Appeal

289
Q

Federal courts of appeal are divided into regions, known as…………………; Texas is in the ……………region

A

Circuits

5

290
Q

Federal trial courts are called (4 words)

A

U.S. District Court

291
Q

The doctrine that an employee may be fired for any reason or no reason at all, as long as no employment discrimination statute is violated, is called………………….

A

employment at will

292
Q

What is the most common exception of the employment at will doctrine?

A

contract

293
Q

The main federal law that deal with employment discrimination is (full name)………………and the Texas law that is analogous to that law is called?

A

Title VII of the Civil Rights Act of 1964

Texas Commission on Human Rights Act

294
Q

What U.S. President is responsable for the passage of the Title VII law?

A

Lynden B. Johnson

295
Q

ADA stands for………………and ADEA stands for

A

American with Disabilities Act

Age Discrimination Employment Act

296
Q

You must be at least……………years of age to be covered by the ADEA

A

40

297
Q

How many employees must you have to be covered by the the ADA and the ADEA?

A

15 or more

298
Q

To be covered by FMLA, an employee must have worked …………………..for the employer and there must be……………..or more employees

A

12 months

50

299
Q

Another name for detrimental reliance is…………….

A

promisory estoppel

300
Q

How many brakes are required by law in an 8-hour workday?

A

none

301
Q

How much paid sick leave must an employee get each year?

A

none

302
Q

The requirement that you file a complaint with the EEOC before you file a lawsuit is called…………………….

A

administrative exhaustion

303
Q

What is the máximum amount of time between an adverse employment action and filing a complaint with the EEOC in Texas?

A

300 days

304
Q

The violation of a Motion in Limine can result in the court

A

Mistrial

305
Q

A……………………asks the court to rule that the party with the burden of proof has not met proving the case, and there is no need for the defense to attempt to present evidence. This motion is made after the plaintiff has rested its case and prior to the defense presentig any evidence.

A

Motion for Direct Verdict

306
Q

a………………asks the court to reverse the jury’s verdict on the grounds that the jury could not resonably have reached such a verdict, or that the verdict is unsupported by the evidence.

A

Motion for JNOV

307
Q

Under Rule 50 of the Federal Rules of Civil Procedures the Motion for JNVO and Motion for Direct Verdic have been replaced by the……………which can be made at the close of the opposing party’s evidence and “renewed” after return of the verdict.

A

Motion for Judgment as a Matter of Law

308
Q

The…………………asks court to order either the opposing party or a third party to take some action

A

Motion to Contempt

309
Q

a………………asks the court to postpone or delay a case thas has been set for trial

A

Motion for Continuance

310
Q

A………..asks the court to extend the deadline by which a document must be filed

A

Motion to Extend

311
Q

What kind of fee agreement is generally used by criminal defense attorney?

A

Flat fee

312
Q

A…………………..asks the court to allow a party to withdraw or amend its deemed admission

A

Motion fo Strike Deamed Admission

313
Q

What are the two reasons for objecting a trial?

A
  1. To prevent evidence been introduced and Heard by the jury

2. to preserve the issue for appellate review

314
Q

If the question will not solicit testimony that has anything to do with the issues before the court, the proper objection is……………

A

Relevance

315
Q

If a leading question is asked on direct, the proper objection is

A

leading

316
Q

If you ask a witness a question and they respond by saying something other than the answer to the question, the proper objection is

A

non-responsive

317
Q

If the other side tries to introduce evidence, especially tangible evidence without laying the proper predicate, the proper objection is………….

A

no foundation

318
Q

If a question is asked that is predicated on facts that have not yet been introduced into evidence, the proper objection is

A

assumed fats is not in evidence

319
Q

If the other lawyer asks long question that dont even sound like question, the proper objection may be

A

counsel is testifying

320
Q

If the answer to a question just tends to go on and on and on, without another question being asked, the proper objection is

A

Narrative

321
Q

A………………..asks the court to transfer a case to another county in Texas

A

Motion to Transfer Venued

322
Q

What kind of fee agreement is generally used by plaintiff’s attorneys?

A

contingent fee

323
Q

Two broad categories of evidence are?

A

Testimony under oath and documentary evidence

324
Q

To exclude witnesses from the courtroom, one side must

A

invoke the rule

325
Q

If a judge accespts a report from the national weathter center regarding the weather conditions on a particular day, s/he is taking

A

justice notice

326
Q

Reputation is one method of proving

A

character

327
Q

The scope of direct examination is limited by

A

pleadings

328
Q

Is cross examination in Texas limited to what was discussed on direct?

A

no

329
Q

Under what circumstances may leading questions be asked on direct?

A

under a hostile witness

330
Q

Answers to interrogatories cannot be used as evidence by the

A

party who answered them

331
Q

What is another Word for predicate in terms of laying the predicate?

A

foundation

332
Q

What are the first words said in laying the predicate?

A

May I aproach the witness?

333
Q

To impeach a witness mean to prove that the witness is

A

lying

334
Q

The most common way in which a witness is impeached is by using a

A

previous inconsisten statement

335
Q

What is the definition of hearsay?

A

It is a statement made out of court, presented in court to prove the truth of the matter asserted.

336
Q

Name two hearsay exceptions

A

familia records and

government records and documents

337
Q

If other person have a pecuniary interest in a lawsuit, they may step in and become parties in a process called

A

intervention

338
Q

A person giving a deposition is called a

A

deponent

339
Q

The initial pleading in state court is called a ……………..and the initial pleading in federal court is called a …………………

A

petition

complaint

340
Q

When lawyers speak to and with the jury panel prior to the selection of the jury, this is called……..

A

voir dire

341
Q

The words that an attorney says to the seated jury at the start of the trial are called?

A

opening statement

342
Q

the last Word that an attorney says to the seated jury are called?

A

closing statement

343
Q

what two things may take place in trial immediately after both sides rest?

A

reverse and rejoinder

344
Q

Who reads the verdict in Texas state courts?

A

a clerk

345
Q

JNOV stands for

A

Jury non obstante verdicto

346
Q

When the judge reduces the amount of damages awarded by the jury, that is called?

A

remittitur

347
Q

The appealing party is called the ………………..and the other party is called the…………..

A

appellant

appellee

348
Q

If an RFA is not answered on time, is is…………………and to undo that, you’d file a ………………..

A

deamed admitted

Motion to Strike deamed Admission

Paralegal (25 decks)

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