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Paralegal MidTerm > Paralegal Midterm Oct 2012 > Flashcards

Paralegal Midterm Oct 2012 Flashcards

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1
Q

What are the sources of law and who creates them?

A
  1. US Constitution - Fore Fathers
  2. Statutes - Legislature
  3. Admin Rules & Regs - Empowered by Legistlature but run by Admin Agencies
  4. Common Law - Court made laws
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2
Q

What are Five things done in Pretrial?

A 
Preliminary Matters
Pleadings
PreTrial Motions
Discovery 
Settlement or Pretrial Conference
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3
Q

What is the difference between Substantive and Procedural Law?

A

Substantive Law defines our rights and duties like paying taxes, and larceny.
Procedural Law - Defines the procedure of how the legal system operates (Miranda, Right to an Atty, Statutes of Limitations)

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4
Q

What is the basic structure of the Court System?

A

Federal - Trial Courts / US District Courts
Appellate Court / US Court of Appeals - 13 Circuits
US Supreme Court
State of MA - Trial Court / District Court
Mass Court of Appeals
Mass Supreme Judicial Court (SJC)

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5
Q

What are the 3 Pleadings in Civil Litigations and their functions?

A
  1. Complaint - Plaintiff files this to start the lawsuit
  2. Summons - The invitation to the Defendant to the lawsuit. Notifys of Seriousness. Must Respond in 20 days
  3. Answer - Response to the Complaint - Admits, Denies or Has no Knowledge of each line of the complaint.
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6
Q

Name & Explain the four Discovery Devices

A
  1. Interrogatories - Written questions party to party (Cannot send to Witnesses) Ltd # ~33
  2. Depositions- Verbal questioning under oath - Can depose both parties and witnesses - no limits
  3. Requests for admissions - Ask other party for admission of the basic facts to streamline the case and make the trial go faster.
  4. Request for documents & phys exams-
    Ask other party for documents and neutral med exams.
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7
Q

What are pretrial motions and what are the most common ones?

A

Pretrial Motions are requests of the court to do something before trial. The most common are Motions to Dismiss or to include or exclude evidence.

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8
Q

What is it called when the Appellate Court decides against the Trial Courts decision?

A

Reversed

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9
Q

What is it called when the Appeals Court sends the case back to re-do a part of the case?

A

Remanded

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10
Q

What is it called when the Appeals Court Agrees with the Trial Courts decision?

A

Affirmed

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11
Q

Who is the person to initiate an appeal in a lawsuit?

A

Appellant

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12
Q

Who is the person the appeal is being brought against in a lawsuit?

A

Appellee

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13
Q

Who the person or party that initiates a lawsuit?

A

Plaintiff

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14
Q

Who is the person who is being sued or charged?

A

Defendant

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15
Q

What is the rule that states you must follow precedent?

A

Stare Decisis

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16
Q

What must be filed to request that a case be reviewed by the US Supreme Court?

A

Writ of Certiorari or Writ of Cert - These are discretionary and 4 out of 9 judges must agree to hear the case.

17
Q

What is the source of law created by legistlature that regulates future behavior?

A

Statutes

18
Q

What is the source of law that is created by the courts, prior opinions and decisions and evolution of precedent?

A

Common Law

19
Q

What is the difference between Civil Law and Criminal Law by definition?

A

Civil Law - Harm to the individual

Criminal Law - Harm to Society

20
Q

What does the Appellate court look for when reviewing a Trial Court case?

A

Legal Issues or Errors of Law only

21
Q

What is the source of law that is empowered by the legislature to create agencies that have authority to create and decide on certain statutes?

A

Administrative Regulations

22
Q

What is the name of the power from the legistlature that allows them to grant authority to create Agencies?

A

Enabling Act

23
Q

What is the power of the court to decide a case?

A

Jurisdiction

24
Q

What is it called when an appellate judge writes an opinion agreeing with the result of the Trial Court’s decision but NOT the reason?

A

Concurring Opinion

25
Q

What is it called when an appellate judge writes an opinion disagreeing with the Trial Court’s result and it’s reasoning?

A

Dissenting Opinion

26
Q

What is it called when the type of case determines the court in which it will be heard?

A

Subject Matter Jurisdiction

ie Divorce , Juvenile

27
Q

What is it called when the location of the case is the determining factor in which a court can call a person before it?

A

Personal Jursidiction

28
Q

What is an egregious error that overturns a court decision called?

A

Predjudicial Error

29
Q

What is a mistake or error that has little or no consequence on the case?

A

Harmless Error

30
Q

What are prior cases, opinions and decisions called?

A

Precedent

31
Q

What is the pretrial procedure in which you gather facts and evidence from the other party to search for the truth in a case?

A

Discovery

32
Q

What is the operating system of government we have today?

A

Federalism

33
Q

What is it called when the court demands that a person or party should start doing something or to cease doing something?

A

Injuction

34
Q

What is the period of time between when something happens and when a lawsuit or charges are brought before you lose the right to do so?

A

Statute of Limitations

35
Q

What are the 7 major differences between civil & criminal cases?

A

HPPSSJS

Harm- Civil is harm to individual
Criminal is harm to society

Prosecutor of Claim- civil is usually an individual but can also be the Gov’t.
Criminal is always the Gov’t.
Parties - civil is the plaintiff v. Defendant - criminal is People v. Defendant (or The People or the Commonwealth).
Source of Law - Civil is common law & statutes - Criminal is statutes.
Standard of Proof- Civil it is Preponderance of the Evidence
Criminal is Proof beyond a reasonable doubt.
Judgment- Civil is Liable or Not Liable - Criminal is Guilty or Not Guilty.
Sanctions / Remedies- Civil is damages and or injunctions and Criminal is imprisonment, fines and even death.

35
Q

What is the basis of law and fact that creates the complaint and starts a lawsuit?

A

Cause of Action

36
Q

What are the 5 Preliminary Matters in pretrial?

A
  1. Legal grounds to suit
  2. Parties to suit
  3. Jurisdiction
  5. Exhaustion of

Paralegal MidTerm (2 decks)

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