Deck 1: Welcome to the Law Office: Foundations for Litigation

Question 1

A tickler system is a calendaring process. ​

Answer 1

True

Question 2

It is unethical for law firms to market services on Web pages and blogs. ​

Answer 2

False

Question 3

Only attorneys need concern themselves with professional ethics. ​

Answer 3

False

Question 4

Paralegals may represent clients in court if the amount in controversy is less than five thousand dollars. ​

Question 5

Professional development requires that you join the ABA. ​

Question 6

Timekeeping is important for analyzing productivity. ​

Question 7

Use your clients' first names to help them feel comfortable. ​

Question 8

Paralegals are responsible for clerical and word-processing services for the law firm. ​

Question 9

Generally, paralegals may have business cards with the name of the firm on them. ​

Question 10

Sexual harassment is likely to lead to a contract suit. ​

Question 11

Poor research is the most frequent reason for malpractice suits. ​

Question 12

Ethical standards are set in each jurisdiction by the local judge. ​

Question 13

Pro bono cases deal with corporation law. ​

Question 14

One of the most common problems in using the telephone is failing to record phone numbers and addresses
accurately. ​

Question 15

Office work on a laptop or home computer is adequately secured by a password. ​

Question 16

Disbursements are expenses incurred on behalf of the client. ​

Question 17

A law firm may bill clients for the time spent by paralegals on their cases.

Question 18

When speaking to a witness on the phone, it is best not to identify your firm. ​

Question 19

There would be a conflict of interest if you assisted in representing a client in a suit against your cousin. ​

Question 20

Computer software can automatically calculate and calendar deadlines.

Question 21

The limitation of legal representation to one step in a multiple-step process is ​

A) ​ multijurisdictional practice.
B) ​ always unethical.
C) ​ unbundling legal services.
D) ​ task-based billing.

Question 22

The jurisdictional amount for federal diversity cases is $25,000. ​

Question 23

​ A multijurisdictional practice is one that

A) ​ is illegal.
B) ​ provides legal services beyond one state.
C) ​ provides legal services in both state and federal courts.
D) ​ includes both paralegals and lawyers.

Question 24

A court can have personal jurisdiction based on Internet contacts. ​

Question 25

Paralegals must be licensed in thirteen states. ​

Question 26

​ An example of an intellectual property case is a _____.

A) ​ negligence
B) ​ civil rights
C) ​ products liability
D) ​ copyright

Question 27

​ A paralegal is valuable to a law firm because a

A) ​ paralegal will make a good partner.
B) ​ paralegal's time is billed at the same rate as an attorney's.
C) ​ paralegal is not bound by ethical standards.
D) ​ paralegal can help the law firm efficiently deliver legal services to more people.

Question 28

​ Keeping track of how you spend your time in the law office

A) ​ is called docket control.
B) ​ is called disbursement entry.
C) ​ may be done online.
D) ​ is the responsibility of your supervising attorney.

Question 29

​ Domicile is established for the purposes of appeal.

Question 30

An active founding owner of a law firm is often called a(n) ​

A) ​ senior associate.
B) ​ associate.
C) ​ senior partner.
D) ​ counsel.

Question 31

Trial courts decide questions of law and questions of fact. ​

Question 32

Electronic billing ​

A) ​ provides instant client access to billing information.
B) ​ is the cost of a firm's Internet access.
C) ​ helps the firm cut costs.
D) ​ only involves attaching a bill to e-mail.

Question 33

The U.S. Court of Appeals for the Federal Circuit hears appeals from the U.S. Commissioner
of Patents. ​

Question 34

Federal question cases go directly to the Supreme Court. ​

Question 35

Under task-based billing, clients are charged ​

A) ​ for the number of hours required by a task.
B) ​ a set fee for a particular task.
C) ​ only if the case is won.
D) ​ for the attorney's work, but not the paralegal's work.

Question 36

​ A lawyer who works for a firm, but is not yet a partner in the firm is a(n)

A) ​ associate.
B) ​ paralegal.
C) ​ law clerk.
D) ​ legal aide.

Question 37

A fee paid upfront to secure legal services is called ​

A) ​ a contingency fee.
B) ​ value billing.
C) ​ flat-fee billing.
D) ​ a retainer fee.

Question 38

An incidence of food poisoning might lead to a _____. ​

A) ​ contract
B) ​ civil rights
C) ​ corporation
D) ​ products liability

Question 39

The Supreme Court has original jurisdiction over controversies between two states. ​

Question 40

Venue is determined in the same way as jurisdiction. ​

Question 41

The jurisdictional amount ​

A) ​ can determine in which court a case can be tried.
B) ​ is the attorney's fee.
C) ​ is the same in all courts.
D) ​ can be waived for indigents.

Question 42

​ Legislative courts do not include the U.S.

A) ​ Claims Court.
B) ​ District Court.
C) ​ Tax Court.
D) ​ Court of Veterans Appeals.

Question 43

Sovereign immunity ​

A) ​ protects foreign leaders from prosecution when they visit the United States.
B) ​ protects government employees from being sued for exercising their constitutional duties.
C) ​ is an out-of-date concept that American courts have abandoned.
D) ​ is the power of one state to protect property from lawsuits arising in another state.

Question 44

The U.S. Supreme Court ​

A) ​ is the highest authority on the federal law.
B) ​ is an intermediate appellate court.
C) ​ has seven associate justices.
D) ​ has no original jurisdiction.

Question 45

When a judge or jury attempts to answer the question "what happened?" it is trying to answer a question of ​

A) ​ law.
B) ​ fact.
C) ​ venue.
D) ​ jurisdiction.

Question 46

A U.S. district court can have _____ jurisdiction. ​

A) ​ general
B) ​ diversity
C) ​ appellate
D) ​ unlimited subject matter

Question 47

Confidentiality would be at risk in the ​

A) ​ office reception area with the paralegal, client, and the client's mother-in-law present.
B) ​ paralegal's office with the paralegal and the client alone.
C) ​ paralegal's office with the paralegal, client, and supervising attorney present.
D) ​ client's home with the client and paralegal alone.

Question 48

Disclosure of confidential information is always unethical when the ​

A) ​ client consents in writing.
B) ​ disclosure is necessary to prevent death.
C) ​ disclosure is to an attorney not involved in the case.
D) ​ disclosure is necessary to prevent financial injury by fraud.

Question 49

A court has personal jurisdiction ​

A) ​ when a summons and complaint are served.
B) ​ when a warrant is served.
C) ​ over everyone in its district.
D) ​ over everyone named in an action brought in its district.

Question 50

To avoid the unauthorized practice of law, the paralegal's work ​

A) ​ must be delegated by an attorney.
B) ​ must not include drafting documents.
C) ​ must not involve the client.
D) ​ must be kept separate from the attorney's work.

Question 51

​ Paralegals may

A) ​ give legal advice to a friend.
B) ​ accept cases for the firm.
C) ​ represent clients at federal administrative hearings.
D) ​ split fees with an attorney.

Question 52

Most court cases are disposed of by the ​

A) ​ trial court.
B) ​ intermediate appellate court.
C) ​ highest appellate court.
D) ​ U.S. Supreme Court.

Question 53

An intermediate appellate court ​

A) ​ exists in all state systems.
B) ​ has original jurisdiction.
C) ​ considers only questions of law.
D) ​ considers only questions of fact.

Question 54

The litigation system is least helpful to the paralegal in ​

A) ​ saving time.
B) ​ assisting with unique and irregular tasks.
C) ​ preparing for the job.
D) ​ saving effort.

Question 55

​ A conflict of interest occurs when a paralegal assists

A) ​ on a case for a bank where the paralegal has an account.
B) ​ an attorney representing his or her family.
C) ​ on a case against a store in which the paralegal occasionally shops.
D) ​ on a case against a good friend.

Question 56

Professional telephone use includes ​

A) ​ a chatty conversation.
B) ​ repetition of facts.
C) ​ lengthy discussions of sensitive matters.
D) ​ anonymous calls.

Question 57

The jurisdictional amount in federal diversity cases ​

A) ​ is the combined claim for multiple plaintiffs.
B) ​ is the value of all claims made by one plaintiff against one defendant.
C) ​ can never include attorney's fees.
D) ​ does not apply to class-action suits.

Question 58

A court of general jurisdiction ​

A) ​ hears military cases only.
B) ​ usually has appellate jurisdiction only.
C) ​ is common to the federal court system.
D) ​ is common to the state court system.

Question 59

Ethical responsibility in a law firm rests with ​

A) ​ attorneys only.
B) ​ the senior partner only.
C) ​ paralegals only.
D) ​ all employees.

Question 60

​ Conflicts of interest are unethical because they

A) ​ diminish the professional's allegiance to the client.
B) ​ cause clients to put too much trust in professionals.
C) ​ are the main cause of double billing.
D) ​ pit stronger corporate clients against weaker private ones.

Question 61

​ List three recommended ways to screen for conflict of interest when personnel are hired from an opposing firm.

Question 62

​ List the courts in your state system and their primary jurisdictions.

Question 63

One of the following steps in the flow of a case is out of chronological order. Which is it? ​
a. accident or event
b. informal investigation
c. motion for summary judgment
d. file complaint
e. file answer
f. discovery
g. trial
h. appeal

Question 64

Define professional ethics as applied to attorneys and discuss its significance to the paralegal. ​

Question 65

CAFA extends diversity jurisdiction in class actions when what two requirements are met? ​

Question 66

​ List three sources of guidelines for ethical paralegal conduct.

Question 67

What is the domicile of a corporation? An insurance company? ​

Question 68

How is forum non conveniens used? ​

Question 69

Define double billing and describe the ABA Formal Opinion on it. ​

Question 70

What is the role of the paralegal manager? ​

Question 71

Venue includes ​

A) ​ each county where multiple plaintiffs reside.
B) ​ the same area as jurisdiction.
C) ​ the county most convenient for all parties.
D) ​ the county where the incident occurred.

Question 72

​ How can a paralegal continue professional development?

Question 73

What is the role of the paralegal in the law firm? ​

Question 74

​ Explain the differences between venue and subject matter jurisdiction.

Question 75

Pricing for legal services to a corporation based on cost estimates and specific services is called what? ​