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PARALEGAL CERTIFICATE > Vol II Ch 1 Notes > Flashcards

Vol II Ch 1 Notes Flashcards

1
Q

PRIMAL AUTHORITY

A

ANY FORM OF LAW

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2
Q

EXAMPLES OF PRIMAL AUTHORITY

A

A STATUTE, CASE (COURT OPINION), THE CONSTITUTION, EXECUTIVE ORDERS, ADMINISTRATIVE RULES/DECISIONS, TREATIES, ORDINANCES, CHARTERS AND RULES OF COURT.

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3
Q

EXAMPLES OF SECONDARY AUTHORITY

A

DEFINITIONS FROM DICTIONARIES, LEGAL ENCYCLOPEDIAS, TREATISES, ARTICLES FROM MAGAZINES, LAW JOURNALS, TRADE JOURNALS OR MAGAZINES OR ANY OTHER NON- LAW THAT IS QUOTED IN SUPPORT OF A LEGAL ISSUE.

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4
Q

TREATISES

A

A BOOK BY A PRIVATE PUBLISHER ON A SPECIFIC AREA OF LAW.

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5
Q

“MANDATORY”

A

IF THE MATERIAL IS FROM A HIGHER AUTHORITY THAN THE COURT IN WHICH YOU CLIENT’S CASE IS BEING HEARD, AND WITHIN THE COURT’S JURISDICTION.

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6
Q

SECONDARY AUTHORITY

A

NON-LAW.

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7
Q

EXAMPLES OF “MANDATORY”

A

A CASE YOU FOUND IN THE LAW LIBRARY THAT CAME FROM A HIGHER COURT IN THE APPROPRIATE JURISDICTION.

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8
Q

“PERSUASIVE”

A

MATERIAL FROM A COURT OF THE SAME OR LOWER LEVEL.

COURT CAN CHOOSE WHETHER NOT TO FOLLOW OR NOT.

*COURT NOT REQUIRED TO FOLLOW

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9
Q

EXAMPLE OF “PERSUASIVE”

A

A CASE FROM THE SAME LEVEL OF COURT OR A CASE FROM A DIFFERENT JURISDICTION.

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10
Q

“STARE DECISIS”

A

DOCTRINE THAT HOLD’S A COURT’S PREVIOUS DECISION SHOULD BE FOLLOWED UNLESS THERE IS A COMPELLING REASON NOT TO.

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11
Q

NON-AUTHORITY

A

IS ANYTHING A COURT WOULD NEVER USE IN REACHING IT’S DECISION.

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12
Q

EXAMPLES OF “NON-AUTHORITY”

A
  • A CASE THAT HAS BEEN REVERSED BY A HIGHER COURT.
  • A STATUTE THAT HAS BEEN SUPERSEDED.
  • A RESEARCH BOOK THAT IS USED AS AN INDEX OR THAT COULD NEVER BE QUOTED.
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13
Q

CONSTITUTION

A

HIGHEST FORM OF LAW–> IS THE FUNDAMENTAL LAW THAT ESTABLISHES THE BASIC RIGHTS AND OBLIGATIONS OF CITIZENS & CREATES THE BRANCHES OF THE GOVERNMENT.

EX: US CONSTITUTION –> IS THE HIGHEST FORM OF LAW IN THE U.S (INDIVIDUAL STATES HAVE THIER OWN CONSTITUTION)

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14
Q

STATUTES

A

LAWS CREATED BY THE LEGISLATIVE BRANCH OF THE GOVERNMENT

U.S CONGRESS CREATES FEDERAL STATUTES WHICH ARE CONTAINED IN THE U.S.C (U.S CODE)

STATE LEGISLATURES CREATE STATUTES FOR THEIR OWN STATES

STATUTES ARE “ENACTED LAW” (SUPERSEDES COMMON LAW)

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15
Q

OPINIONS

A

DECISION(S) OF A COURT APPLYING LAW TO SPECIFIC, FACTUAL SITUATIONS.

OFTEN REFERRED TO A “CASE” OR “CASE LAW”

EX: ROE V. WADE –> IS AN OPINION OF THE COURT THAT APPLIED WHAT THE COURT DEEMED WAS A CONSTITUTIONAL RIGHT FOR A WOMAN TO HAVE AN ABORTION.

OPINIONS ARE “COMMON LAW”

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16
Q

TREATIES

A

REPRESENTS AN AGREEMENT BETWEEN TWO OR MORE GOVERNMENTS.

EX: A PRESIDENT SIGNS TREATIES, WITH CONSENT OF THE SENATE.

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17
Q

EXAMPLE OF A TREATY

A

STRATEGIC ARMS LIMITATION TREATY (S.A.L.T)

WAS NEGOTIATED BY THE U.S AND THE SOVIET UNION BUT HAD TO BE CONFIRMED BY THE U.S SENATE BEFORE IT BECAME LAW.

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18
Q

EXAMPLE OF A TREATY

A

STRATEGIC ARMS LIMITATION TREATY (S.A.L.T)

WAS NEGOTIATED BY THE U.S AND THE SOVIET UNION BUT HAD TO BE CONFIRMED BY THE U.S SENATE BEFORE IT BECAME LAW.

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19
Q

EXECUTIVE ORDER

A

A LAW CREATED BY THE HIGHEST ENTITY OF THE EXECUTIVE BRANCH, SUCH AS THE PRESIDENT OR GOVERNOR.

EX: A PARDON OF SOMEONE CONVICTED OF A CRIME.

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20
Q

ADMINISTRATIVE RULES

A

RULES AND REGULATIONS CREATED BY STATE AND FEDERAL ADMINISTRATIVE AGENCIES.

EX: THE FEDERAL AVIATION ADMINISTRATION (F.A.A.) CREATES RULES GOVERNING AIR TRAFFIC THROUGHOUT THE COUNTRY.

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21
Q

ADMINISTRATIVE DECISIONS

A

ARE CREATED BY THE ADMINISTRATIVE AGENCIES APPLYING ADMINISTRATIVE RULES TO FACTUAL SITUATIONS.

EX: THE F.A.A. CAN FINE A PERSON FOR MAKING A JOKE ABOUT A BOMB IN AN AIRPORT. AFTER A HEARING, THE AGENCY WOULD ISSUE A REPORT DETAILING IT’S DECISION.

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22
Q

RULES OF COURT

A

THESE ARE THE RULES THAT GOVERN THE PROCEDURES OF THE STATE AND FEDERAL TRIAL PROCESS.

COURT RULES ARE CREATED BY THE LEGISLATURE, THE HIGHEST COURT IN THE STATE OR BOTH.

EX: “FEDERAL RULES OF CIVIL PROCEDURES” ARE THE COURT RULES FOR CIVIL FEDERAL TRIALS.

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23
Q

CHARTERS

A

THE LOCAL EQUIVALENT OF A CONSTITUTION

THE BASIC AND FUNDAMENTAL LAW OF LOCAL GOVERNMENTS

THEY ESTABLISH STRUCTURE OF THE LOCAL GOVERNMENT IN THAT JURISDICTION

CHARTERS= CONSTITUTION

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24
Q

ORDINANCES

A

ARE THE LOCAL EQUIVALENT OF STATUTES

THEY ARE RULES THAT MEMBERS OF THE COMMUNITY ARE EXPECTED TO FOLLOW

EX: IF A PERSON FAILS TO CUT HIS/HER LAWN, HE OR SHE IS MOST LLIKELY VIOLATING AN ORDINANCE.

ORDINANCES= STATUTES

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25
Q

ANOTHER NAME FOR ORDINANCES IS _____________

A

STATUTES

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26
Q

WHICH OF THE FOLLOWING ARE EXAMPLES OF PRIMARY AUTHORITY?

  • A CASE - A STATUTE - AN ORDINANCE
  • DICTIONARY - THE S.A.L.T TREATY - ENCYCLOPEDIA
  • PRESIDENTIAL PARDON - ADMINSTRATIVE RULE
  • CITY CHARTER - ROE V. WADE - U.S CONSTITUTION
  • KANSAS CONSTITUTION - COURT OPINION
  • AN EXECUTIVE ORDER - AN INDEX
A
  • A CASE - A STATUTE - AN ORDINANCE
  • DICTIONARY - THE S.A.L.T TREATY
  • PRESIDENTIAL PARDON - ADMINISTRATIVE RULE
  • CITY CHARTER - ROE V. WADE - U.S CONSTITUTION
  • KANSAS CONSTITUTION - COURT OPINION
  • AN EXECUTIVE ORDER
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27
Q

CITATION

A

IS A LEGAL ADDRESS

A RESEARCHER OR AUTHOR MUST BE ABLE TO LOCATE AND REFER TO AN AUTHORITY IN ORDER TO BE ABLE TO USE IT.

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28
Q

AUTHORITY:

SECONDARY AUTHORITY (NON LAW) IS USED TO MAINLY 
\_\_\_\_\_\_\_\_\_ AND \_\_\_\_\_\_\_\_,  \_\_\_\_\_\_\_\_\_ LAW
A

LOCATE; EXPLAIN; PRIMARY

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29
Q

RESEARCH

A

IS THE SKILL USED TO LOCATE RELEVANT AUTHORITY

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30
Q

ENCYCLOPEDIAS ( ______ _______) PROVIDE “________” THAT LEAD THE RESEARCHER TO THE ACTUAL LAW (PRIMARY AUTHORITY) SUCH AS ______ & ______.

A

SECONDARY AUTHORITY; CITATIONS; CASES & STATUTES

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31
Q

WRITING

THE PURPOSE OF MOST LEGAL RESEARCH IS TO SUPPORT ________ IN LEGAL _________, SUCH AS ________ & __________.

A

ARGUMENTS; DOCUMENTS; BRIEFS & MOTIONS

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32
Q 
CANINO V. NEW YORK NEWS, 475 A.2D 528 (N.J.) (1984)
CANINO V. NEW YORK NEWS = \_\_\_\_\_\_\_\_\_  (A)
475 = \_\_\_\_\_\_\_\_\_\_\_   (B)
A.2d = \_\_\_\_\_\_\_\_\_\_   (C)
528= \_\_\_\_\_\_\_\_\_\_\_   (D)
(N.J.) = \_\_\_\_\_\_\_\_\_\_   (E)
1984 = \_\_\_\_\_\_\_\_\_\_   (F)
A

(A) THE TITLE; ALWAYS ITALICIZED OR UNDERLINED
(B) THE VOLUME NUMBER
(C) THE PUBLICATION ; ATLANTIC REPORTER 2ND SERIES
(D) THE PAGE NUMBER
(E) IS THE COURT; SUPREME COURT OF NEW JERSEY
(F) IS THE YEAR THE OPINION WAS WRITTEN

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33
Q

-
-

A
  • PUBLICATION
  • THE VOLUME NUMBER
  • PAGE NUMBER
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34
Q

IF THE PARALEGAL ONLY HAS A RESEARCH ISSUE : THERE ARE MANY PUBLICATIONS THAT HELP THE RESEARCHER______ CASES AND ______ AND OTHER ______ OF ________.

A

LOCATE STATUTES; FORMS; AUTHORITY

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35
Q 
PUBLICATIONS THAT HELP THE RESEARCHER LOCATE CASES, STATUTES AND OTHER FORMS OF AUTHORITY
-
-
-
-
A

LEGAL ENCYLOPEDIAS
ANNOTATIONS
DIGESTS
FORMS

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36
Q

OFFICIAL REPORTS

A

ARE PUBLISHED BY THE STATE AND LOCAL GOVERNMENTS

GENERALLY ONLY INCUDE THE OFFICIAL OPINIONS OF THE COURT AKA “CASES”

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37
Q

UNOFFICIAL REPORTS

A

PUBLISHED BY PRIVATE PUBLISHERS

THEY CONTAIN THE SAME OPINION

EX: WESTLAW

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38
Q

-
-

A

SYLLABUS
HEADNOTES
KEY NUMBERS

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39
Q

SYLLABUS

A

A SHORT SYNOPSIS OF THE CASE

PROVIDES RESEARCHER WITH A SNAPSHOT OF THE LEGAL MATTER & RESULT OF THE CASE

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40
Q

HEADNOTES

A

IS A SUMMARY OF A SPECIFIC PORTION OF THE CASE;

(1,2,3,ETC) : EACH IS NUMBERED AND REFERS TO A POINT WITHIN THE OPINION

41
Q

KEY NUMBERS

A

REPORTERS GENERALLY USE WEST’S KEY NUMBER SYSTEM

42
Q

REFERENCES ARE PROVIDED AT THE BEGINNING OF EACH (A)_________, REPRESENTED BY A (B) ___SYMBOL, A TOPIC AND A NUMBER

A

(A) HEADING

(B) KEY

43
Q

LINE OF DEMARCATION

A

THIS LINE AT THE END OF THE LAST HEADNOTE

INDICATES THAT ALL THAT FOLLOWS IS THE OFFICIAL , WORD FOR WORD OPINION OF THE COURT

44
Q

ABOVE THE LINE OF DEMARCATION

A

PROVIDED BY THE PUBLISHER

MAY NOT BE QUOTED

45
Q

BELOW THE LINE OF DEMARCATION

A

IS THE COURT OPINION

MAY BE QUOTED

46
Q

OPINION

A

THE DECISION OF THE COURT

PRINTED BELOW THE LINE OF DEMARCATION

OPINION PROVIDED FIRST AFTER THE L.O.D IS THE “MAJORITY”

” DISSENTING & CONCURRING OPINIONS ARE TITLED AS SUCH & PROVIDED AFTER THE MAJORITY

47
Q

A STATUTE:

LAW CREATED BY __________

ACTS AS A ________ _________ FOR SOCIETY

UNLIKE CASE LAW, STATUTES DO NOT REFLECT ________ _________ ________

2 TYPES OF STATUTES ARE ____________ & _________

A

LAW CREATED BY LEGISLATION

ACTS AS A GENERAL RULE FOR SOCIETY

UNLIKE CASE LAW, STATUTES DO NOT REFLECT SPECIFIC FACTUAL SITUATIONS

FEDERAL AND STATE STATUTES

48
Q

TYPICAL FEDERAL STATUTORY CITATION

42 U.S.C § 1204 (2006)

42 - STANDS FOR ______ 42 ( COULD ALSO BE ______)

A

TITLE 42; CHAPTER

49
Q

TYPICAL FEDERAL STATUTORY CITATION

42 U.S.C § 1204 (2006)

U.S.C STANDS FOR _____ _____ ______

U.S.C IS THE “ _________”

A

UNITED STATES CODE

PUBLICATION

50
Q

TYPICAL FEDERAL STATUTORY CITATION

42 U.S.C § 1204 (2006)

§ STANDS FOR THE “_______” §§ STANDS FOR “ ______(S)”

A

§ = “SECTION”

§§ = “SECTIONS”

51
Q

TYPICAL FEDERAL STATUTORY CITATION

42 U.S.C § 1204 (2006)

-
-

1984 IS THE ______ THE ______ WAS ENACTED

A
  • 42 U.S.C, § 1204
  • 42 U.S.C. §§ 1204 TO 1207
  • 42 U.S.C. SEC. 1204
  • YEAR ;STATUTE
52
Q

TO FIND A STATUTE ONE NEEDS THE ______. THE _____ OR “CHAPTER” AND THE _______

42 U.S.C § 1204 (2006)

*** LOCATE THE PUBLICATION “_____ _____ _____, THE ______ (42), THEN THE _______ ________ (1204)

A

PUBLICATION, TITLE, SECTION

UNITED STATES CODE, THE TITLE, SECTION NUMBER

53
Q

IF A RESEARCHER IS SPECIFICALLY LOOKING FOR ______ AUTHORITY, START IN THE ______ TO THE STATUTES BEING RESEARCHED

A

STATUTORY; INDEX

54
Q

COMMON LEGAL REFERENCES FOUND IN A LEGAL LIBRARY

(A) \_\_\_\_\_\_\_\_
(B) \_\_\_\_\_\_\_\_ AIDS
(C) LEGAL \_\_\_\_\_\_\_\_\_
(D) \_\_\_\_\_\_ BOOKS 
(E)  LEGAL \_\_\_\_\_\_\_\_
(F) LEGAL \_\_\_\_\_\_\_
(G) LEGAL \_\_\_\_\_\_ & DICTIONARIES
A 
(A) ANNOTATIONS
(B) LITIGATION 
(C) TREATISES
(D) FORM
(E) DIGESTS
(F) PERIODICALS
(G) ENCYCLOPEDIAS
55
Q

RESEARCHERS SHOULD ALWAYS BEGIN IN THE ______

A

INDEX

56
Q

INDEX –> ______ ________—> ______ AUTHORITY

A

MAIN VOLUMES; RELEVANT

57
Q

THE ______ LEADS TO THE ____ ______ OF THE BOOKS

A

INDEX; MAIN VOLUMES

58
Q

IN A LEGAL LIBRARY

RELEVANT AUTHORITY

THE MAIN ________ WILL LEAD TO THESE; A CASE OR _________ ;

GENERALLY MEANS “___________” AUTHORITY

A

VOLUMES ; STATUTE ; “ADDITIONAL”

59
Q

THE EQUIVALENT SYSTEM FOR THE _______ LEGAL ________

SEARCH ______ –> ______ PAGE –> ________ AUTHORITY

A

ONLINE LEGAL RESEARCH

QUERY, RESULTS; RELEVANT

60
Q

SEARCH QUERY IS WHEN THE _______ ENTERS A ______ INTO AN __________ SYSTEM

A

RESEARCHER; QUESTION; ONLINE

61
Q

______ _______ SYSTEM PROVIDES THE RESULTS PAGE

A

ONLINE RESEARCH

62
Q

ONLINE RESEARCH

________ ARE PROVIDED TO RELEVANT AUTHORITY

A

LINKS

63
Q 
THE LAW LIBRARY 
STRENGTHS:
-  MATERIALS ARE FROM \_\_\_\_ \_\_\_\_\_\_\_\_\_\_ (A)
-  LARGE \_\_\_\_\_\_\_\_\_\_ (B)
- GREATER  \_\_\_\_\_\_\_\_\_ CAPABILITIES (C)
- FREE  \_\_\_\_\_\_ ACCESS (D)
A

(A) ALL PUBLISHERS
(B) COLLECTIONS
(C) BROWSING
(D) PUBLIC

64
Q 
THE LAW LIBRARY WEAKNESSES
 (A)\_\_\_\_\_\_\_\_ TO LIBRARY REQUIRED
 (B) SOME \_\_\_\_\_\_\_\_ CANCELLED 
 (C) \_\_\_\_\_\_\_\_\_ TO BUSINESS OR \_\_\_\_\_\_\_ HOURS
 (D) LIBRARIES SELECT VARYING  \_\_\_\_\_\_\_
A

(A) TRAVEL
(B) SUBSCRIPTIONS
(C) LIMITED ; SCHOOL
(D) COLLECTIONS

65
Q 
ONLINE RESEARCH SERVICES STRENGTHS
(A) ACCESS TO ALL \_\_\_\_\_\_
(B) POWERFUL \_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_
(C) \_\_\_\_\_\_\_\_\_\_
(D) IMMEDIATE \_\_\_\_\_\_\_ TO LAWS
A

(A) LAWS
(B) SEARCH ENGINES
(C) CONVENIENCE
(D) UPDATES

66
Q 
ONLINE RESEARCH SERVICES WEAKNESSES
(A) HIGH \_\_\_\_\_\_ OF \_\_\_\_\_\_\_ SERVICES
(B) NOT ALL \_\_\_\_\_\_\_ ARE \_\_\_\_\_\_\_ ONLINE
(C) CAN'T "BROWSE" IN THE \_\_\_\_\_\_\_ SENSE
(D) NOT ALL PARALEGALS GIVEN \_\_\_\_\_\_\_
(E) NOT ALL \_\_\_\_\_\_ CAN \_\_\_\_\_ FOR IT
A 
(A)  COST; ONLINE
(B) MATERIALS; AVAILABLE
(C) TRADITIONAL 
(D) ACCESS
(E) CLIENTS; PAY
67
Q

(A) RESEARCH ONLINE ( ____ & ____) IF :
(B) YOU NEED A _____, STATUTE, OR ______ TO ANSWER A RESEARCH ISSUE
(C) YOU HAVE A _____ TO A LAW AND NEED TO A QUICK _____
(D) YOU ARE LOOKING FOR A _____ THAT THE LAW FIRM DOES NOT HAVE
(E) YOU NEED TO _______ A CASE, _____, OR OTHER ______

A 
(A) WESTLAW & LEXIS
(B) CASE, REGULATION
(C) CITATION; COPY 
(D) FORM 
(E) VALIDATE; STATUTE; LAW
68
Q

(A) RESEARCH IN THE _____ _____ IF
(B) YOUR FIRM DOES NOT ____ YOU WITH _____ TO ____ SERVICES
(C) YOU ARE NOTSURE THAT YOUR CLIENT CAN ____ ONLINE _____
(D) THE ONLINE SERVICE DOES NOT HAVE THE ___ BOOK/ ____ YOU NEED
(E) YOU HAVE EASY _____ TO A _____ AND NEED TO LOOK UP ______

A 
(A) LAW LIBRARY
(B) PROVIDE; ACCESS; ONLINE 
(C) AFFORD; SERVICES
(D) FORM; TREATISE
(E) ACCESS; LIBRARY; CASE
69
Q

THE INDEX

(A) LOOK FOR “ _____ TOPIC” AS A GENERAL , _____ TOPIC WITHIN THE SAME SET OF ______

(B) INDEXES ARE “_______” SYSTEM

A

(A) REFERENCED TOPIC; BROAD; INDEXES

(B) HIERARCHICAL

70
Q

INDEXES ARE HIERARCHICAL

(A)______ –> SUBTOPIC —> (C) __- ______

A

(A) TOPIC

(C) SUB-SUBTOPIC

71
Q

INFRA OR ______ MEANS TO ____ FOR YOUR TOPIC ______

A

ANTE; LOOK ; BELOW

72
Q

SUPRA LOOK FOR YOUR (A) _____ _____ WITHIN THE SAME (B)_____

A

(A) TOPIC ABOVE

(B) HEADING

73
Q

C.J.S “ (A)____ ____ _____” IS PUBLISHED BY (B) _____ _____ _______& UTILIZES THE (C) _____ _____ SYSTEM

A

(A) CORPUS JURIS SECUNDUM
(B) WEST PUBLISHING
(C) WESTLAW KEY

74
Q

AM. JUR. 2D A.K.A (A) “ ______ ______” PUBLISHED BY (B) ____ _____ _____ ______ ; PART OF (C) ____ ____ ____ RESEARCH SYSTEM

A

(A) AMERICAN JURISPRUDENCE
(B) LAWYERS COOPERATIVE
(C) TOTAL CLIENT SERVICE

75
Q

UNIFIED (A) ______ OF LEGAL WRITING

USE (B) _____ MATERIAL AND (C) ______ TO CREATE NEW DOCUMENTS

A

(A) THEORY
(B) EXISTING
(C) AUTHORITY

76
Q

UNIFIED THEORY OF LEGAL WRITING

CONCEPT VERY IMPORTANT FOR (2) REASONS
(A) USING ____ & _____ AND TO ESTABLISH (B) ________

A

(A) FORMS & TEMPLATES

(B) PRECEDENCE

77
Q

USE FORMS AND TEMPLATES

BY USING A PREVIOUSLY EXISTING FORM OR TEMPLATE, THE PARALEGAL INCREASES LIKELIHOOD OF PRODUCING A (A) ______ _____ & ALSO PRODUCES IT IN A MORE (B) _______ MANNER WHICH SAVES THE (C) ______ _______

(D) EXAMPLES WOULD BE: _____ AGREEMENT LETTER; _____FOR _______ ______.

A

(A) QUALITY DOCUMENT
(B) EFFICIENT
(C) CLIENT MONEY
(D) RETAINER ; REQUEST ; MED RECORDS

78
Q

PRECEDENCE :

BY USING (A) EXISTING ______, AS A (B) _____FOR (C) _____ _____ OR ARGUMENT , THE DOCUMENT GAINS WEIGHT IN TERMS OF IT’S (D) LEGAL _______.

A

(A) AUTHORITY
(B) BASIS
(C) LEGAL ANALYSIS
(D) REASONING

79
Q

YOU DON’T HAVE TO (A) ______ THE LAW, YOU SIMPLY (B) _____ AND (C) ______ IT!

A

(A) CREATE
(B) FIND
(C) APPLY

80
Q

FORMS OF LEGAL WRITING ARE:

  • __________ (A)
  • PLEADINGS (B)
  • ________ (C)
  • _________ (D)
  • ______ & MEMORANDA
A 
(A) CORRESPONDENCE
(B) PLEADINGS
(C) DISCOVERY
(D) MOTIONS
(E) MEMORANDA
81
Q

CORRESPONDENCE

LETTERS OR (A) ______ BETWEEN ATTORNEYS, PARALEGALS, (B) _______, WITNESSES, (C)________, AGENCIES OR POTENTIAL (D) ________.

A

(A) EMAILS
(B)CLIENTS
(C) BUSINESSES
(D) ADVERSARIES

82
Q

PLEADINGS

THESE DOCUMENTS ARE GENERALLY (A) _____BASED AND NOT (B) ____BASED

WRITER PREPARES DOCS THEN LAYS OUT SPECIFIC (C) _____ THAT SUPPORT HIS/HER (D) _______ IN THE (E) ______ OR (F) _________ PROCEEDINGS

A 
(A) FACT 
(B) LAW
(C)  FACTS
(D) POSITION 
(E) LITIGATION
(F) CRIMINAL
83
Q

DISCOVERY

THESE DOCS ARE ALSO (A) ______BASED AND NOT (B) ____ BASED

ITS PRIMARY PURPOSE IS TO (C) ______ ________ RELEVANT TO LITIGATION.

(EX: WHAT REALLY (E) _______, WHICH (F) ______ THE OPPOSITION INTENDS TO CALL DURING TRIAL, ETC)

A 
(A) FACT 
(B) LAW 
(C) EXPOSE FACTS
(D) LITIGATION
(E) HAPPENED
(F) WITNESSES
84
Q

MOTIONS

SUCH AS A MOTION (A) ___ _______, WHICH SEEKS TO HAVE THE COURT (B) ______ A (C) ______ ISSUE

A

(A) IN LIMINE
(B) ADDRESS
(C) PROCEDURAL

85
Q

BRIEFS AND MEMORANDA

THESE DOCUMENTS (A) _____ LEGAL (B) ______ AND ARE (C) _____ BASED.

2 TYPES OF MEMORANDA ARE
(D) ________
(E) ________

A 
(A) ARGUE
(B) ISSUES
(C) LAW 
(D) INTERNAL 
(E) EXTERNAL
86
Q

INTERNAL MEMORANDUM A.K.A (A) “ ________ _________”

THEY ARE (B) _______, LOOKING AT BOTH (C) _______ OF THE LEGAL QUESTION

A

(A) INTEROFFICE MEMORANDA
(B) OBJECTIVE
(C) SIDES

87
Q

EXTERNAL MEMORANDUM

SUCH AS (A) ____ _____, ATTEMPT TO (B) ______ THE READER AND ONLY ARGUE (C) ______ THAT IS FAVORABLE TO THE (D) ________

A

(A) TRIAL BRIEFS
(B) PERSUADE
(C) LAW
(D) CLIENT

88
Q

INITIAL CORRESPONDENCE OFTEN (A) ______ A TONE OF (B) ________ COMMUNICATION.

📧 ——> AN OPPOSING PARTY —>OFTEN A (C) _______ LETTER.

📧 ——-> THE CLIENT —-> IS SOME FORM OF (D) _______ REGARDING INITIAL (E) _______ BEING TAKEN BY LAW FIRM IN CLIENT’S CASE.

A 
(A) ESTABLISHES
(B) PROFESSIONAL 
(C) DEMAND
(D) UPDATE
(E) STEPS
89
Q

THE DEMAND LETTER : SHOULD ALWAYS (A) ______ THE RECIPIENT OF THE (B) _____ IN _______ AND THE (C) _____ OF MONEY DEMANDED.

PART OF A CONCEPT CALLED (D) “ _____ OF_________”

WHICH MEANS AT (E) ALL ______ OF A GIVEN DISPUTE, EVERY REASONABLE (F) _____ OR REMEDY HAS BEEN TRIED.

A 
(A) INFORM
(B) MATTER; CONTROVERSY
(C) SUM 
(D) " EXHAUSTION; REMEDIES
(E) STAGES
(F) SOLUTION
90
Q

ELEMENTS OF A SUCCESSFUL DEMAND:

(A) BE CLEAR AND _____ FORWARD

THE PARALEGAL DOES NOT HAVE TO PROVIDE EXACT (B) _____ AND (C) _______

A

(A) STRAIGHT
(B) DETAILS
(C) FACTS

91
Q

ELEMENTS OF A SUCCESSFUL DEMAND:

DON’T (A) ______ WHY A SPECIFIC (B) ______ FOR (C) _______ IS BEING MADE

SIMPLY (D) ______ THE AMOUNTS AND (E) ____ UP FOR ______

( A DISPUTE ABOUT A SPECIFIC DAMAGE BELONGS IN THE (F) _______ NOT IN THE (G) ______ _____)

A 
(A) EXPLAIN 
(B) REQUEST
(C) DAMAGES
(D) ITEMIZE 
(E) ADD ; TRIAL 
(F) COURTROOM 
(G) DEMAND LETTER
92
Q

ELEMENTS OF A SUCCESSFUL DEMAND:

UPON (A) ______ THE DOCUMENT , THE RECIPIENT SHOULD BE ABLE TO CLEARLY (B) _______ THE (C) ________ (THE ALLEGATION BEING MADE) & (D) ______.

A

(A) READING
(B) IDENTIFY
(C) CLAIM
(D) DAMAGES

93
Q

ELEMENTS OF A SUCCESSFUL DEMAND:

DON’T (A) _____ YOUR CLIENT’S CASE IN THE DEMAND LETTER

IT’S NOT (B) ________ IN A DEMAND LETTER

PROVIDING IT ON YOUR (C) _____ _____ MIGHT GIVE AWAY (D) _____ THE ATTORNEY (E) _____ TO USE AT _____

A 
(A) ARGUE
(B) REQUIRED
(C) CLIENT'S BEHALF
(D) STATEGY 
(E) INTENDS ; TRIAL
94
Q

ELEMENTS OF A SUCCESSFUL DEMAND:

PROVIDE (A) _______ TO (B) ______ THE CLAIM

THE CLAIM IS THE (C) _______ FOR THE (D) _______

DOCUMENTATION IS NOT REQUIRED IN A DEMAND LETTER BUT CAN ACT AS A (E) “ ______ ______ THE BOW” MAKING THE OPPOSING PARTY (F) _______ THAT THE MATTER IS SERIOUS AND (G) _________.

A 
(A) DOCUMENTATION
(B) ESTABLISH
(C) REASON 
(D) CONTROVERSY 
(E) SHOT ACROSS 
(F) AWARE
(G) PROVABLE
95
Q

ELEMENTS OF A SUCCESSFUL DEMAND:

DOCUMENTATION’S ONLY ROLE IS TO (A) ______ THAT THE (B) ______ OCCURED

BE A MINIMALIST.

ONLY PROVIDE ENOUGH TO ESTABLISH THE (C) _____ CLAIM

A

(A) ESTABLISH
(B) EVENT
(C) BASIC

96
Q

ELEMENTS OF A SUCCESSFUL DEMAND:

PROVIDE (A) _______ TO ESTABLISH DAMAGES.

** THESE ARE MORE IMPORTANT THAN DOCUMENTS ESTABLISHING THE CLAIM!*

NO (B) _______ WILL BE GRANTED AT (D) TRIAL UNLESS (C) ______ CAN BE ESTABLISHED.

A

(A) DOCUMENTATION
(B) MONEY
(C) DAMAGES

97
Q

IF DOCUMENTATION PROVIDED IN A DEMAND LETTER IS CLEAR AND REASONABLE UNDER THE CIRCUMSTANCES, THE OTHER PARTY MAY (A) ______ TO (B) ____ THE DAMAGES (C) _______ THE LAWSUIT.

A

(A) CHOOSE
(B) PAY
(C) WITHOUT

98
Q

ELEMENTS OF A SUCCESSFUL DEMAND:

DOCUMENTATION EXAMPLES INCLUDE:

RECEIPTS, (A) _____, BILLS, (B) ______ STATEMENTS , (C) _____ RECORDS

A

(A) INVOICES
(B) ACCOUNTING
(C) HOSPITAL

99
Q

UNOFFICIAL REPORTS

A

PUBLISHED BY PRIVATE PUBLISHERS

THEY CONTAIN THE SAME OPINION

EX: WESTLAW

PARALEGAL CERTIFICATE (3 decks)

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