MIDTERM (PARALEGAL CERTIFICATION) Flashcards
1
Q
Civil Case
A
A civil case is where one individual or organization sues for a private wrong. Either party can be found liable and will have to pay monetary damages
2
Q
Criminal Case
A
A criminal case is brought by the state of the federal government. If found guilty, they can be fined or sent to jail/prison.
3
Q
The burden of proof in civil cases is proof beyond a reasonable doubt.
TRUE OR FALSE
A
FALSE
4
Q
The United States Supreme Court is the highest appellate court in the nation.
TRUE OR FALSE
A
TRUE
5
Q
Federal courts do not have trial courts.
True or false
A
FALSE
6
Q
The exchange of information between the sides involved in a suit:
A
Discovery
7
Q
The proof required in a criminal case; not more conjecture, but a doubt that would cause a reasonable person to have some hesitation in reaching a conclusion:
A
Reasonable doubt
8
Q
The requirement that the party bringing the suit prove the allegations against the other party:
A
Burden of Proof
9
Q
A rule or regulation that if not followed, subjects the rule breaker to some form of sanction:
A
Definition of The Law
10
Q
A systematic arrangement of the statutes of a particular jurisdiction or area of law:
A
Code
11
Q
One of the first examples of a written code or legal system:
A
Code of Hammurabi
12
Q
Explain the difference between plaintiffs attorney and insurance defense attorneys:
A
A plaintiff’s attorney generally works on a contingency fee basis. This means that the attorney will receive one-third of the client’s total recovery in the case. Of course, it also means that if the client receives nothing in the suit, then the attorney will also receive nothing. Insurance defense attorneys, on the other hand, almost always work on an hourly or flat fee basis. They bill for the time that they work on their cases and will be paid on a regular basis. For flat fee cases, the insurance defense firm will impose a flat fee for certain types of representation, such as preparing a letter containing an offer to settle the case before it proceeds further.
13
Q
Attorneys must be elected before they are allowed to practice law:
True of False
A
False
14
Q
Under modern admission standards, law schools do not require a bachelors degree from applicants:
True of False
A
False
15
Q
Ethics is an important academic topic, but has little or no practical application to the day to day practice of law:
True or False
A
False
16
Q
A ruling that a person is in violation of a court order:
A
Contempt
17
Q
To disqualify, such as when a judge removes herself from considering a case or is removed by another judge:
A
Recuse
18
Q
A written test of an applicant to test his knowledge of state law; if passes the applicant may be sworn in as an attorney of the state:
A
State Bar Exam
19
Q
A temporary or permanent revocation of an attorneys license to practice law:
A
Disbarment
20
Q
Improperly mixing client trust funds with fee payments: a form of theft:
A
Commingling
21
Q
A ruling that a person is in violation of a court order:
A
Contempt
22
Q
The person who presides at the trial: keeps order, has the power to hold others in contempt:
A
Judge
23
Q
Explain why it is important for a party to show relevance before submitting evidence in a trial:
A
A party is required to show relevance in order to prove that the fact to be presented, whether through testimony, writing, or other evidence, tends to prove or disprove a major fact in contention between the parties.
24
Q
In any hearing, civil or criminal, evidence is used to establish the basic facts of a case:
True or false
A
True
25
The rules of evidence allow virtually anything to be considered relevant in a case:
True or false
True
26
It is possible to exclude relevant evidence when it is prejudicial or cumulative:
True or false
True
27
All types or information presented at a trial or other hearing that tends to prove or disprove a fact:
Evidence
28
A decision by a judge that specific evidence can be referred to during a trial or other hearing:
Admitted
29
Showing that a witness should not be believed because of lack of personal knowledge: bias or conviction of felony:
Bias or prejudice
30
On the most important showings that must be made during a witness's testimony is:
That the witness has personal knowledge of the facts.
31
A person who has acquired specialized knowledge because of training, education, or experience:
Expert Witness
32
List and describe the steps in bringing a civil lawsuit:
After meeting with a client, an attorney must investigate the basic facts of the potential claim. This is not only a good idea; it is required under Rule 11, which provides that an attorney must make a good faith investigation and affirm that the lawsuit is not being proposed on frivolous grounds. Once that investigation has been completed, the attorney drafts the plaintiff’s claims against the defendant in a complaint. The complaint is served on the defendant, who must respond with an answer that either agrees, disagrees, or alleges that the defendant has no knowledge about the specific allegations. After the answer is filed, the discovery process begins with both parties exchanging information about the basic contentions in the case.
33
"Plaintiff" is the term that describes the person who is injured and brings a civil suit against the person who caused the injury:
True or false
True
34
The complaint is the document that sets out the injured parties claims and damages and requests the other party pay the damages:
True or false
True
35
Depositions are written questions that may only be asked of parties to the litigation:
True or false
False
36
The proof required in criminal cases, not mere conjecture, but without a doubt that would cause a reasonable person to have some hesitation in reaching a specific conclusion:
Proof Beyond a Reasonable Doubt
37
The proof required in a civil case, "more likely that not to be true":
Preponderance of The Evidence
38
A claim that the law recognizes as actionable:
Cause of Action
39
Monetary payments designed to compensate the plaintiff for an injury:
Damages
40
Monetary losses suffered by a party to a lawsuit that can be stated with clarity and specificity, such as lost time from work and medical bills:
Special Damages
41
The federal rule of civil procedure that requires investigation and certification of the claim by an attorney:
Rule 11
42
Explain the various ways that a legal partnership can organize its business.
Law firms can organize their business in a variety of ways. The simplest form is a sole proprietorship where a lone attorney handles all types of business with clients and often has a small staff. Sole proprietors face virtually unlimited liability for lawsuits brought against them. Another common form of business model is a general partnership, in which partners share in profits and losses from the business and associate attorneys are paid a regular salary. Many law firms are organized into professional corporations through which the business is protected by limited liability and the law office is structured like a regular corporation.
43
A lawyer is legally barred from creating a sole proprietorship:
True or false
False
44
Managing partners can earn salaries and do not share in profits and losses from the law business:
True or False
False
45
Associate attorneys earn salaries and do not share in profits and losses from the law business:
True of false
True
46
A concept that protects investors in a business by limiting their risk to the amount that they contribute to the business:
Limited liablity
47
A confidential notification to an attorney that he or she has engaged in practices that might be considered unethical or at least questionable:
Private Reprimand
48
A corporation that is authorized by statute and can only be run by members of a particular profession such as attorneys or medical doctors:
Professional Corporation
49
A member of the law firm who shares in profit and losses from the running of the firm:
Partner
50
A non-lawyer who is responsible for the day to day functioning of the office, from coordinating meetings to ordering supplies and paying vendors:
Law Office Manager
51
A business owned and run by a single individual:
Sole proprietorship
52
A business owned an operated by more than one individual, each owner shares in profit and losses:
Partnership
53
A concept that protects investors in a business by limiting their risk to the amount that they contribute to the business:
Limited Liability
54
Describe how a paralegal can help prevent legal malpractice:
A paralegal can help the firm avoid claims of legal malpractice by doing the following: communicating with clients, following office procedures, and avoiding unauthorized practice of law. One of the best ways to avoid a legal malpractice claim and keep clients happy is to simply keep them informed. Most law firms have procedures in place for initial meetings with clients, accepting a client’s case, depositing retainer fees, and a whole range of other activities associated with law practice. Another way to avoid a claim of legal malpractice is to avoid practicing law without a license.
55
The American Bar Association regulates all attorneys and has the power to suspend or revoke their license:
True or False
False
56
In most states, an attorney must be a member or the bar in order to practice within in the state:
True
57
The American Bar Association has created suggested ethical rules called "The Model Rules of Professional Conduct":
True or false
True
58
A person who is either employed by a court or has an obligation to uphold ethical and moral standards:
Officer of the Court
59
In order to practice law an attorney must be a member of the:
The State Bar
60
When a person commits an offense that is shocking to the conscience of violates the sacred trust:
Moral Turpitude
61
A state bar that requires attorneys to be members before they are allowed to practice:
Integrated bar
62
Rules promulgated by the American Bar Association as suggested ethical rules:
Model Rules of Professional Conduct
63
Why is the entry of judgment in civil and criminal cases so important?
Entering judgment has several important consequences. For one, the entry of judgment gives the winning party in a civil case the right to collect the amount awarded by the jury. It also gives the losing party the right to file an appeal.
64
When a case concludes with a negotiated arrangement prior to verdict this is referred to as a settlement:
true or false
True
65
Most criminal cases end with a plea bargain of guilty:
| true or false
True
66
Peremptory jury strikes are facing greater scrutiny by the courts:
True or False
True
67
Oral instructions given by the judge to the jury about how they should deliberate and what law they should follow:
Jury Charge
68
When a panel member is removed because she cannot sit on the jury:
Challenge for Cause
69
A motion by the defense that asks the court to enter a verdict in the defendant's favor because the plaintiff has failed to prove all material allegations against the defendant:
Motion for Directed Verdict
70
A mandatory court hearing in which the judge inquires about the readiness of the parties to go to trial, also known as docket call:
Calendar Call
71
A letter sent by an attorney to the judge explaining that the attorney has several different appearances scheduled for the same date and detailing which courts the attorney will go to first.
Conflict Letter
72
A negotiated termination of a case prior to a trial or jury verdict.
Settlement
73
How is an appeal raised?
After a trial court has returned a verdict and entered a judgment in a case, the losing party may request a new trial. If the trial judge denies this motion, the losing party can file a notice of appeal. At that point, the record — consisting of all evidence, testimony, and transcripts — will be sent to the appellate court. At that time, the names of the parties also undergo a change. The party who is appealing is called the appellant and the party who won in the lower court is referred to as the appellee. Both parties will be asked to file briefs to support their decision.
74
A party may appeal his or her case any time prior to the jury’s verdict.
True or false
False
75
An appeal officially begins when a party’s motion for new trial is denied.
True or false
True
76
An appeal is essentially a new trial of the case, featuring witnesses and evidence.
True or false
False
77
The power of a court to render a decision on issues and to impose that decision on the parties in the case
Jurisdiction
78
The party bringing the current appeal from an adverse ruling in the court below:
Appellant
79
The party who won in the lower court:
Appellee
80
A request to an appellate court that it reverse or modify a decision made in a lower court.
Appeal
81
The evidence, pleadings, motions, transcript of the trial, and any other documents relevant to the case.
Record
82
List and describe the four elements of a negligence case:
The four elements of a negligence case are duty, breach, causation, and damages. In order to have a valid negligence claim, the plaintiff must establish that the defendant owed him a duty, that the defendant violated that duty by breaching it, that there was a direct connection between the breach of the duty and the resulting injuries to the plaintiff, and finally, that the plaintiff sustained injuries that the law allows persons to seek recompense for.
83
The tort of assault requires apprehension.
| true or false
True
84
The tort of battery requires fear:
| true or false
False
85
Intent refers to the victim’s understanding of what is happening.
True or false
false
86
An obligation to conform one’s conduct in such a way as to avoid causing injury to another
Duty
87
The defendant fails to act according to a legal standard or violates a duty:
Breach
88
Also known as proximate cause; the requirement that the defendant’s actions:
Causation
89
Fear or apprehension of a harmful or offensive contact.
Assualt
90
Each of the following is an element of false imprisonment except one. Which one is not an element?
Illegal incarceration in jail or prison
91
What is an intentional tort?
An intentional tort is a civil action based on a defendant’s knowing and purposeful action.
92
What is consideration and why is it a requirement in a contract?
Consideration is a requirement in a contract because it shows that both parties had a legal obligation under the contract and that each has surrendered something of value in exchange for something else of value. Without consideration, a party might have difficulty showing that the other party actually had agreed to any of the contract terms.
93
Unilateral contracts and bilateral contracts are identical in nearly every material :
True or False
False
94
Mutual assent is the product of a valid offer and acceptance.
True or false
True
95
Legality is an element of any valid contract.
| True or false
True
96
The ability of a person to create a binding, legal contract by accepting a valid offer:
Power of Acceptance
97
A contract that exchanges a promise for an action:
Unilateral Contract
98
A contract in which one promise is exchanged for another promise
Bilateral Contract
99
An agreement between two or more parties, who have legal capacity, to do some act.
Contract
100
One party’s indication of her willingness to enter into a contract.
Offer
101
What is the difference between an indictment and an information (accusation)?
An indictment is a document that officially charges a defendant with a felony. A felony is a crime that is punishable by more than one year in custody. Felonies include crimes as varied as theft and murder. If the defendant is charged with a misdemeanor (a minor crime that is punishable by no more than 12 months in custody and a $1,000 fine), there is no requirement of a grand jury proceeding and the charging document is referred to as an accusation or information.
102
Arrests are only legal when the police officer actually uses the word “arrest” when restraining a person.
True or false
False
103
In order for an arrest to be legal, police must read a defendant his or her Miranda rights.
True or false
False
104
When the grand jury votes to continue the prosecution, it will present its findings in an information.
True or false
False
105
The intentional desire to harm a person:
Malice
106
An appreciable time period between forming the intent to kill and actually carrying out the murder:
Premeditation
107
Taking property belonging to another without permission:
Larceny
108
Which Amendment to the U.S. Constitution governs arrests and requires probable cause?
Amendment IV (4)
109
A document filed the prosecution that accuses the defendant of a crime; commonly used by federal prosecutors. Also known as an accusation.
Indictment
110
Defined as objective evidence that a crime has been or is about to be committed.
Probable Cause
111
What is administrative law?
Administrative law encompasses such a huge area of practice that we must begin with a foundation to the topic and then expand on that foundation to describe federal and state administrative law. Administrative law consists of the rules, procedures, and regulations that government agencies use in their day-to-day practices.
112
Administrative agencies only operate under the authority of the executive branch of the federal government.
True or false
False
113
Administrative hearings are more informal than trials.
| True or false
True
114
“Sunshine laws” require administrative agencies to conduct many of their hearings in public.
True or false
True
115
A broad term encompassing the power of branches of government to delegate power to governmental agencies to perform specific areas of responsibility; also refers to the power of governmental agencies to regulate themselves, such as their ability to create their own rules and regulations:
Administrative Law
116
The Amendment to the U.S. Constitution that authorizes the federal government to lay and collect taxes:
Sixteenth Amendment
117
A governmental unit or department:
Agency
118
A federal agency that is responsible for collecting income taxes.
Internal Revenue Service
