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Business Law 2 > MLS Test one > Flashcards

MLS Test one Flashcards

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1
Q

A person, qualified by education, training or work experience Who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity Who performs specifically delegated substantive legal work, For which a lawyer is responsible

A

paralegal/legal assistant

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2
Q

Four basic steps in analyzing a legal situation

A

analyze the facts
identifying the appropriate legal rules
applying the legal rules to the facts
reporting the results in a clear and understandable manner

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3
Q

the application of legal rules to a specific fact pattern

A

legal reasoning

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4
Q

what does legal reasoning involve

A

analysis of constitution
analysis of court opinions
preferably you want to use precedent case law that is analogous or distinguishable

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5
Q

minimum requirement for paralegals

A

associates degree or ABA certificate

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6
Q

National Association of Legal Assistants

A

1975
legal assistants are a distinguishable group of non-lawyers who assist attorneys in the delivery of legal services
voluntary cert program paralegals can apply for

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7
Q

National Federation of Paralegal Association

A

1974

paralegals can be authorized by administrative, statutory or court authority to perform this work

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8
Q

paralegal that works as an independent contractor

A

freelance

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9
Q

paralegal who operates within the law, representing persons before administrative agencies

A

lay advocate

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10
Q

non-lawyer who provides legal services directly to public within supervision of an attorney

A

legal technician

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11
Q

prepares standardized legal docs

A

legal scrivener

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12
Q

organizes and files legal docs

A

document clerk

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13
Q

law student or recent law school graduate who has not yet passed the bar

A

law clerk

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14
Q

individuals put their name on an official list kept by some private organization or govt agency

A

registration

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15
Q

recognized by non-govt organization after meeting special criteria
macombs programs

A

certified

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16
Q

established by govt agencies, once meet their standards you have a license in that field, this then prohibits people who have not met these standards from working in that field

A

licensure

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17
Q

three biggest ethical issues paralegals face

A

paralegals cannot give legal advice
must respect confidentiality of client
avoid creating a conflict of interest

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18
Q

the study of various theories of legal philosophy to explain what the purpose of the law is and how laws work

A

jurisprudence

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19
Q

how did common law come to be

A

prior decisions
stare decisis
precedent

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20
Q

what does common law do

A

help create efficient court system

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21
Q

two functions of the constitution

A

separation of powers between executive, legislative, and judicial
to protect us from govt overreaching and operates as checks and balances

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22
Q

purpose of legislative branch

A

make the laws

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23
Q

purpose of the executive branch

A

veto powers

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24
Q

purpose of judicial powers

A

interprets the laws

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25
Q

first 10 amendments of the constitution

A

bill of rights

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26
Q

the power not delegated to the US by constitution nor prohibited by it to the states, are reserved to the states respectively

A

10th amendment

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27
Q

lay down rules and regulations that govern future conduct, usually contain general prohibitions that are open to interpretation

A

statutes

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28
Q

who has the power for statutory review

A

congress

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29
Q

when there is a disagreement between 3 branches , who has the final authority?

A

judiciary review

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30
Q

what do courts have the power to do

A

interpret laws and use common law if no statute, court opinions or admin regulation to rely on

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31
Q

what are congress powers

A

limited to powers stated in constitution

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32
Q

4th branch of govt

A

administrative agencies

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33
Q

law detailed in the admin law area

A

regulation

34
Q

the statute that establishes and sets out the powers of the admin agency

A

enabling law

35
Q

harm against an individual

A

civil laws

36
Q

harm against society as a whole

A

criminal law

37
Q

defines our legal rights and duties

A

substantive law

38
Q

govern how the legal system operates

A

procedural law

39
Q

torts, contracts, property

A

types of civil substantive law

40
Q

statute of limitations, jurisdiction

A

types of civil procedural laws

41
Q

battery, larceny

A

types of criminal substantive law

42
Q

miranda warning, right to attorney, search and seizure

A

types of criminal procedural law

43
Q

what does pre-emption mean

A

the power of federal govt to prevent states from passing conflicting laws

44
Q

federal law is involved if the issue deals with what two things

A

federal question

diversity of citizenship

45
Q

a system of govt in which the authority to govern is split between a single, nationwide central govt and several regional govt that control specific geographic areas

A

federalism

46
Q

doctrine of implied powers

A

art 1 sec 8 & 18
interstate commerce clause
gives congress powers not stated in constitution but are necessary to carry out other, expressly granted powers

47
Q

both federal and state can legislate

A

criminal behavior that crosses state lines, kidnapping and drugs

48
Q

only federal govt can legislate

A

highways, RR, safety issues

49
Q

used in criminal trials, proof of crime must be conclusive >90%

A

beyond reasonable doubt

50
Q

used in civil trials, proof must indicated its more likely than not person committed the wrong>51%

A

preponderance of evidence

51
Q

used in certain civil trials, evidence must be > than preponderance but < than beyond a reasonable doubt >75%

A

clear and convincing evidence

52
Q

must be able to [prove the elements of the crime, the requisite bad intent and bad act and must prove this beyong a reasonable doubt

A

prima facie case

53
Q

act or omission

A

actus rea

54
Q

intent to do act

A

mens rea

55
Q

the length of time from when something happens to when a lawsuit must be filed before the right to bring the suit is lost

A

statute of limitations

56
Q

what do you need to file a suit

A

a cause of action, claim that based on the law and facts is sufficient to support a lawsuit

57
Q

4 things admin law can do

A

enact, enforce, investigate, adjudicate

58
Q

jurisdiction that can hear any type of case

A

general or original if first time

59
Q

jurisdiction that can only hear certain type of case

A

limited/special

60
Q

jurisdiction of 2 or more courts can hear a case

A

concurrent

61
Q

what does the court need to hear a case?

A

subject matter- can hear a particular case

personal- over individuals

62
Q

trial court functions

A

? of fact-determine whose version of the facts is more credible
? of law-apply the law to those o reach a decision

63
Q

three ways legal issues arise

A

meaning of the underlying cause of action, during trial-issues conduct of trial
challenges to constitutionality of the law being applied

64
Q

3 ways appelate court can decide a case

A

reverse, remand, affirm

65
Q

difference between statute and admin regs

A

vague vs specific/narrow

66
Q

requires the lower court to submit its record to US supreme court for review

A

writ of certiorari

67
Q

power of federal courts to hear matters of state law if the opposing parties are from different states and the amount exceeds 75K

A

diversity jurisdiction

68
Q

method used to resolve a claim or dispute without trial

A

alternative dispute resolution

69
Q

a 3rd party acts as a facilitator to help the parties resolve their dispute

A

mediation

70
Q

3rd party who is the decision maker for the parties if they cannot resolve the dispute without the arbitrators help, this is usually binding on the parties

A

arbitration

71
Q

advantages of ADR

A

time efficient
less $
no trial

72
Q

4 categories of felonies

A

personal
property
public health
govt

73
Q

three stages to litigation

A

pretrial
trial
appeal or post trial

74
Q

power of court to hear a particular type of case

A

subject matter jurisdiction

75
Q

power of a court to force a person to appeal before it

A

personal jurisdiction

76
Q

functions of trial judge

A

cant respond to motions
admissions of evidence
oversees selection of jury
instruct jury

77
Q

first pleading to be filed

A

complaint

78
Q

what is reviewed in appellate court

A

?s of law, errors of trial judge

79
Q

types of discovery

A

interogatories
depositions
requests for admissions
requests for docs and physical exam

80
Q

judge vs jury

A

?s of law vs ?s of fact

81
Q

number of justices needed to hear a case in supreme court

A

4 of 9

Business Law 2 (8 decks)

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