Test 10 Flashcards
- The ethical rules for attorneys and paralegals in Texas are called ____________________________________________________.
Texas Disciplinary Rules for Professional Conduct
- UPL stands for _________________________________________.
Unauthorized Practice of Law
- May a paralegal sign a pleading by permission? __________________
No
- May a paralegal sign a certificate of service? __________________
No
- What should be in the signature box of the paralegal? ___________________
Name and Title
- When may a paralegal solicit clients for an attorney? ______________
Never
- Is an attorney signature stamp the same as signing by permission? __________
Yes
- Is UPL a civil offense, a criminal offense, neither, or both? ______________
Both
- Is a paralegal permitted to reject a case for an attorney if the attorney tells the paralegal to do so? _________________
No
- If the attorney has a fee schedule for different kinds of cases, is it all right for a paralegal to quote a fee to a prospective client? ____________________
No
- Give three examples of what constitutes “legal advice”:
Telling someone they have a case, telling someone how much money they could win, explaining the law to someone
- Under what circumstance will an ethical wall be built around a paralegal? ________________________________________________________
when there is a conflict of interest
- CLE stands for _________________________________________________________
Continuing Legal Education
- At what age is a person considered an adult for purposes of the criminal justice system? ____________________
17
- In the State of Texas, crimes are classified in what two categories? _____________________ and ____________________________
Misdemeanors and Felonies
- The police took a client’s written statement. The client tells his attorney that he did not waive his right to an attorney. What type of motion should the attorney file to attempt to keep the statement out of evidence?
motion to suppress
- Name three ways a criminal cases may be resolved.
Dismiss, plea, trial
- Evidence that is favorable to a defendant is called what? _____________________________________
exculpatory
- Which motion should be filed in every criminal case that is set for trial? ___________________________________
Brady motion or motion for discovery
- What type of hearing is held to determine if a juvenile case should be transferred to a criminal district court? _________________________________________
certification hearing
- A juvenile commits a first degree felony. What is the minimum age she must be if the State wants to transfer her case to criminal district court? _______________
14
- What is the minimum age for criminal responsibility in the juvenile courts? ___________
10
- What is a directive to apprehend and why is it issued?
Like an arrest warrant but issued for juveniles. Issued when a crime is committed or probation violation
- A juvenile is in police custody. Police want to take his statement. Who must give the juvenile his Miranda warnings in order for the statement to be admissible?
A neutral magistrate
- An attorney is hired in a juvenile case. The juvenile’s parents pay the attorney’s fee. Is the attorney obligated to tell the parents everything the juvenile tells him? Why or Why not?
No. Attorney client privilege exists between the juvenile and attorney
- Who issues a no-bill and what does it mean?
Grand jury. There is no probable cause to proceed.
- Who taught you criminal and juvenile law? ________________________________
Jane Vara
- Email address of the defendant’s neighbor: _____________________________________
moremerlot@wino.com
- Where plaintiff ordered dinner from on 9.20.2012 _______________________________
Fuzzy’s Pizza
- Name of the child who’s birthday party was on 9.20.2012 ________________________
Kelsey
- What is the cost of a replacement access card at the firm? ________________________
$500.00
- What is the address of the law firm? _________________________________________
2323 S. Shepherd