Part 4a: Advanced Substantive Law Flashcards
The legal assistant’s first task in the discovery process is to _________.
calendar the date when responses to discovery are due
Instead of:
- review the client intake form to determine the veracity of the client’s responses
- interview the client regarding the integrity of the responses and documents submitted
In most jurisdictions, both state and federal, pretrial conferences ____________.
are held between counsel and judge and are sometimes scheduled very early in the progress of the case
Instead of:
- require the presence of the natural parties, their legal representatives, and witnesses of material fact
- are considered a mere formality and most courts do not require the parties or their representatives to attend
In general, the defendant has how many days to object, respond, or request an extension of time to respond to discovery?
30 days
An order requiring a witness to appear in court is known as a __________.
subpoena
An order requiring a witness to turn over certain documents to a specific party or to bring them to a scheduled deposition is known as a _________.
subpoena duces tecum
The term voir dire is associated with __________.
jury selection
In most jurisdictions, discovery documents are _________.
not filed with the court, but are served upon the party to whom they are directed
In the exhibit portion of a trial notebook, all exhibits are listed by _____________.
description and assigned a number in advance of trial
In a trial notebook, the Plaintiff’s outline of liability is __________.
divided into two sections
Formal discovery documents include __________.
subpoena duces tecums
Instead of:
- statement of facts
- defendant’s answers
Before taking a case to trial, courts are increasingly requiring that all parties attend __________.
mediation
Instead of:
- arbitration
- counseling
An appeal of a criminal matter to the United States Supreme Court must be based upon a(n) __________.
challenge of the constitutionality of a statute
Instead of:
- introduction of new evidence or new witnesses
- procedural error during the course of the trial
If a police officer enters a suspect’s home without permission or a search warrant, the evidence obtained during that search will not be admissible in court under the __________.
exclusionary rule
Instead of:
- Miranda rule
- probable cause rule
If a grand jury decides not to indict a defendant, a subsequent grand jury has the power to review and indict __________.
on any charge against the defendant
Instead of:
- on any new charge against the defendant
- only on future criminal charges against the defendant
Prior to the imposition of a sentence in state cases, if the indictment or information is insufficient, the court may __________.
arrest the judgment
Instead of:
- schedule a new trial
- empanel a new jury
Probable cause exists if there is a substantial likelihood that a crime __________.
was possibly committed and the individual could possibly have committed the crime
Instead of:
- might have been committed and the individual might have committed the crime
- was committed and the individual committed the crime
The initial appearance before a judge in a criminal case where the charges against the defendant are read and the defendant’s plea is entered is the __________.
arraignment
Instead of:
- indictment
- summons
If a lawyer feels that evidence was illegally seized, the lawyer will file a __________.
motion to suppress
Instead of:
- motion for directed verdict
- motion in limine
Expungement is the __________.
destruction of the record of a criminal conviction
Instead of:
- surrender of a criminal by one state to another state
- suspension of recording a criminal conviction
Criminal litigation against a suspect begins when the __________.
prosecutor files a complaint
Instead of:
- police provide their evidence
- suspect appears before a grand jury
The domination of a stronger-willed person over a weaker-willed person is known as __________.
undue influence
Instead of:
- consideration
- misrepresentation
Articles of incorporation of a new corporation would typically include the __________.
duration of the corporation
Instead of:
- quorum for voting purposes
- tenure of the members of the board of directors
Reservation of a corporate name is made by filing the appropriate forms with the designated __________.
state official
Instead of:
- Internal Revenue Service Center
- Securities and Exchange Commission
Where American String Company gives assurances to High Flyers International that a contract for merger will be reached and, based on those assurances, High Flyers incurs substantial debt on behalf of American String but no contract is ever consummated, High Flyers may be able to recover its damages under the doctrine of __________.
promissory estoppel
Instead of:
- adequacy of consideration
- parol evidence
Certain contractual agreements must be in writing, as provided by the statute of __________.
frauds
Instead of:
- novation
- limitations
Owners of a limited liability company are called __________.
members
Instead of:
- shareholders
- directors
An assurance that goods sold are reasonably fit for the ordinary purposes for which such goods are used is called a(n) __________.
implied warranty of merchantability
Instead of:
- limited warranty
- express warranty
An oral contract for goods costing $3,000 may be enforceable if the __________.
buyer makes a partial payment
Instead of:
- buyer denies the existence of the oral contract
- contract is between merchants, but there is no written confirmation
Which of the following is not a general circumstance for a declaration of invalidity or annulment?
Lack of capacity to physically consummate the marriage (known prior to ceremony).
Instead of:
- One or both of the parties lacked legal capacity.
- One or both parties were under duress.
A putative spouse generally has __________________.
the same rights as a legal spouse
Instead of:
- fewer rights than a legal spouse
- more rights than a legal spouse
Depending upon the jurisdiction, the best interests of the children are sufficient reason to seek the appointment of a ______________.
guardian ad litem
Instead of:
- public defender
- pendente lite
Gifts of real estate by a will are known as _________.
devises
Instead of:
- testate
- escheat
Brothers, sisters, aunts, and uncles are examples of _____________.
collateral heirs
Instead of:
- lineal ascendants
- lineal descendants
When the validity of a will is attacked, the proceedings are called a(n) _____________.
will contest
Instead of:
- objection to appointment
- annulment
domiciliary letters
Instead of:
- issuance letters
- letter of administration
Which of the following terms, as defined by the IRS, includes all property in which the decedent had an interest?
gross estate
Instead of:
- net estate
- total estate
Refusal to accept an interest in property that would otherwise pass to a person by gift or upon another’s death is known as a(n) _________________.
disclaimer
Instead of:
- directive
- declaration
The debtor’s income is compared to the median family income reported by the Census Bureau for the most current year available in a process known as the _________________.
mean test
Instead of:
- reaffirmation
- priority average
[Bankruptcy] Only an insolvent municipality not prohibited by state law is permitted to be a debtor under ______________.
Chapter 9
[Bankruptcy] Any person, whether a corporation or natural person, who resides, is domiciled, or owns property in the United States may file a bankruptcy petition under _________.
Chapter 7
[Bankruptcy] An uninsured state membership bank and a railroad can seek relief under _____________.
Chapter 11
[Bankruptcy] Which Chapter is usually sought to harmonize domestic and international bankruptcy proceedings?
Chapter 15
T/F: Congress creates federal agencies?
True
T/F: Implementation is not an administrative agency function?
True
T/F: The Administrative Procedure Act (APA) is tasked to police improper agency behavior, protect public safety, and secure proper entitlements.
True
T/F: The acronym HIPAA stands for Health Insurance Portability and Accountability Act of 1996.
True
Many states have adopted another type of time limitation period for filing products liability cases referred to as a __________.
statute of ultimate repose
In a medical malpractice case, it is necessary to obtain a qualified expert witness who will not be subject to disqualification by a _________.
Daubert challenge
Professional conduct that falls below the standard of care expected of similarly situated professionals is known as ____________.
malpractice
T/F: The absence of an applicable standard of care is not an element of a medical malpractice case.
True
Instead of:
- The standard of care caused the plaintiff’s injury.
- A duty of care was owed by the medical care provider.
In a medical malpractice case, the medical brief _____________.
serves to educate the court as to medical standards and concepts that apply to the case
Instead of:
- is very important to determine whether any of the parties have had prior accidents
- is essential to discover the opinions of opposing expert witnesses
When a seller represents that a product will perform satisfactorily, there is a(n) __________.
expressed warranty
Instead of:
- implied warranty
- warranty of merchantability
