Deck 1: Law and the Profession of Law

Question 1

The community of lawyers is called the

A) bar.
B) bench.
C) judiciary.
D) ABA.

Answer 1

A

Question 2

In most states, which of the following is required of a person in order to use the title paralegal ?

A) A license
B) Familiarity with the state's ethical rules
C) Voluntary submission to state regulations
D) Nothing

Answer 2

D

Question 3

A law school student who works for a private law firm is a(n)

A) partner.
B) associate.
C) law clerk.
D) house counsel.

Answer 3

C

Question 4

A newly graduated attorney hired by a law firm is usually called a(n)

A) junior partner.
B) house counsel.
C) assistant attorney.
D) associate.

Question 5

Which of the following, if done by a paralegal, would constitute unauthorized practice of law in most states?

A) Furnishing a person copies of specific state laws
B) Advising someone to see an attorney
C) Representing oneself as an attorney
D) Referring a person to an attorney

Question 6

A major reason that plea bargaining has become widely used is

A) that most states require it.
B) overcrowded court dockets.
C) unethical prosecutors.
D) the politics of law and order.

Question 7

Statements made by a criminal defendant to an attorney may not be required to be disclosed in court because of

A) the privilege against self-incrimination.
B) attorney-client privilege.
C) the adversarial process.
D) the right to public trial.

Question 8

Admission to law school is principally based on _______ and undergraduate grade point average.

A) SAT scores
B) Law School Admission Test scores
C) black letter law
D) GRE scores

Question 9

The law that describes rights and duties is called _________ law.

A) procedural
B) criminal
C) substantive
D) administrative

Question 10

The process for gathering information prior to trial is called

A) interrogation.
B) discovery.
C) preliminary hearing.
D) investigation.

Question 11

Legal assistant and paralegal are terms that

A) distinguish law office employees from freelancers.
B) are generally used interchangeably.
C) distinguish licensed from unlicensed law office staff.
D) distinguish graduates from approved and unapproved training programs.

Question 12

The act of bringing and conducting a lawsuit is called

A) appeal.
B) charging.
C) litigation.
D) lis pendens.

Question 13

A discovery device used by the attorney to obtain oral answers to questions concerning the lawsuit is a(n)

A) deposition.
B) interrogatory.
C) pleading.
D) brief.

Question 14

A paralegal who acts improperly in court may be disciplined by the judge by means of

A) contempt of court.
B) disbarment.
C) license revocation.
D) malpractice.

Question 15

When an attorney is paid a contingency fee, the attorney is paid

A) by the hour.
B) a set fee.
C) a percentage of the amount recovered.
D) out of insurance proceeds.

Question 16

Documents filed with the trial court during a lawsuit are

A) appellate briefs.
B) pleadings.
C) procedures.
D) writs.

Question 17

In In re Proposed Amendments to Iowa's Bar Admission Process, the court held that

A) a diploma privilege should be adopted.
B) a diploma privilege should not be adopted.
C) the Uniform Bar Examination should be adopted.
D) the Uniform Bar Examination should not be adopted.

Question 18

A major justification for requiring attorneys to be licensed is

A) control of attorney conduct.
B) increasing legal fees.
C) restricting paralegal employment.
D) additional revenues for the states.

Question 19

The most severe professional disciplinary sanction of canceling an attorney's license to practice is called

A) disbarment.
B) suspension.
C) decertification.
D) reprimand.

Question 20

The national organization that confers the title Certified Legal Assistant is the

A) American Bar Association.
B) American Association of Legal Assistants.
C) National Association of Legal Assistants.
D) American Association for Paralegal Education.

Question 21

In In re Thorne , the court held that

A) it is unethical for a lawyer or a law firm to outsource support services.
B) the paralegal and support employees at Prommis Solutions were engaged in the unauthorized practice of law.
C) the defendants were not engaged in the unauthorized practice of law because the paralegal was adequately supervised by an attorney.
D) supervision by a licensed attorney and the use of forms developed by the law firm could not avoid the conclusion that the paralegal was engaged in the unauthorized practice of law.

Question 22

In Lorain County Bar Association v. Zubaidah , the court found that

A) Zubaidah was a friend of the family, not an attorney, and was not practicing law.
B) Zubaidah's conduct was excusable, as it resulted from a motive other than dishonesty or personal benefit.
C) Zubaidah is subject to criminal charges because his advice created a divide between the defendants and their defense attorneys.
D) Zubaidah and STAND Inc. should be enjoined from engaging in the unauthorized practice of law.

Question 23

In In re Adoption of New APR 28-Limited Practice Rule for Limited License Legal Technicians , the Washington Supreme Court approved a rule

A) allowing someone with certain minimum training and who is subject to ethics rules to hold himself or herself out as a Limited License Legal Technician.
B) licensing legal technicians to practice law in complex cases.
C) allowing legal technicians to provide certain legal services only under the supervision of an attorney.
D) prohibiting legal technicians from practicing law except under the supervision of an attorney.