Question 1

Which of the following is an example of a good interview question?

Accepted Answer

The best example of a good interview question is one that is open-ended and allows the interviewee to provide information about themselves. Asking how long it took to cross the road can provide insight into the interviewee's thought process and behavior without being accusatory or leading. A) is a leading question and assumes the answer, B) is accusatory and confrontational, and C) is a technical question that may not be relevant to the interview.

Question 2

That aspect of law that defines the rights of individuals and the duties owed one person by another is the definition of

Accepted Answer

Substantive law is the part of law that creates, defines, and regulates rights, while procedural law governs the rules and methods used to enforce substantive law. Ethics refers to moral principles and values, and negligence is a legal concept related to fault or responsibility for harm. Therefore, the definition of rights and duties falls under substantive law.

Question 3

Permission to access medical records must be

Accepted Answer

Permission to access medical records must comply with HIPAA regulations, which protect patients' privacy and ensure the security of their health information.

Question 4

Professional ethics require the paralegal

Accepted Answer

The principle of client confidentiality is an essential part of professional ethics in the legal field. It is the responsibility of the paralegal to maintain the privacy of the client information obtained during representation. Options A and B may not always be possible, for the paralegal is not authorized to give legal advice or question the truth of what the client says. Option D is not an ethical consideration, as the paralegal's responsibility is to gather all relevant information and ask necessary questions to assist the attorney in providing competent representation.

Question 5

If A has a miscarriage and sues her doctor for malpractice for giving her x-rays before realizing she was pregnant, and A reveals on the witness stand that she fell down the stairs at home just before the miscarriage, the element of the plaintiff's proof that is in jeopardy is

Accepted Answer

The element of proximate cause is in jeopardy because A's fall down the stairs could be seen as an intervening cause that contributed to her miscarriage, making it difficult to prove that the doctor's x-rays were the direct and proximate cause of the injury.

Question 6

One of the most frequent client complaints is addressed by paralegals providing

Accepted Answer

Increased communication with the client is the most effective way for paralegals to address client complaints. By keeping clients informed throughout the legal process and promptly responding to their questions and concerns, paralegals can establish a strong client relationship and ensure their satisfaction.

Question 7

In regard to scheduling the initial interview, it is best to

Accepted Answer

The answer of In regard to scheduling the initial interview,...

Question 8

The body language of a person may best be assessed to determine

Accepted Answer

Body language can provide insights into how a jury will perceive a person, as it can convey nonverbal cues that indicate credibility, trustworthiness, and likeability.

Question 9

Fee agreements

Accepted Answer

Fee agreements require the client's signature as it is a legal document outlining the terms of payment for legal services. Paralegals may assist in drafting the agreement, but they do not set the fees and it is not always based on billable hours.

Question 10

A good interview form

Accepted Answer

The answer of A good interview form
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Question 11

A good source for researching the elements of a cause of action or defense thereto is a

Accepted Answer

State or federal jury instruction books provide a clear and concise explanation of each element of a cause of action or defense, as well as examples and suggested jury instructions. Legal practice manuals may also address elements of a cause of action or defense, but may be more focused on practical strategies and procedures. Law office procedures manuals and court clerks are unlikely to provide the detailed information needed for researching the elements of a cause of action or defense.

Question 12

A boat strays into the swimming area of a lake. A swimmer sees the boat, but swims directly in front of it to retrieve a beachball and is injured when the boat hits him. The boat operator has the defense of

Accepted Answer

The boat operator can argue comparative negligence, as the swimmer's decision to swim in front of the boat contributed to the accident.

Question 13

Doctors or others holding confidential information are authorized to give that information to a lawyer or paralegal through

Accepted Answer

Doctors or others holding confidential information are authorized to give that information to a lawyer or paralegal through release forms, where the patient consents to the release of their confidential information to the specified recipient. Docket control forms are used by courts to manage cases, summons are legal documents that require someone to appear in court, and a writ of certiorari is an order by a higher court to review a lower court's decision.

Question 14

The client should be told not to make statements to others about his or her case or injuries, because such statements

Accepted Answer

Making statements about the case or injuries can potentially harm the client's case if used against them in court by the opposing party. It is important for the client to speak only with their attorney about the case and avoid discussing it with others.

Question 15

A orders a large pitcher of beer, as does B. A proceeds to drink his pitcher and half of B's. A dies of asphyxiation (drowning). In an action by A's estate against the bar that sold the beer, the defense most applicable to the action is

Accepted Answer

The defense of assumption of risk applies here because A voluntarily drank the beer and assumed the risk of drinking too much, even to the point of asphyxiation. The bar did not force or coerce A to drink the beer. Therefore, the bar is not liable for the consequences of A's voluntary actions. Contributory negligence and comparative negligence would not apply because the bar did not contribute to A's death, and there was no evidence that B had any responsibility in A's death. Last clear chance would not apply because there was no opportunity for the bar to prevent A's death once he had already assumed the risk by drinking the beer.

Question 16

The best way to record a client interview is to

Accepted Answer

The answer of The best way to record a client...

Question 17

What are three ways you can help keep your client informed?

Accepted Answer

The answer of What are three ways you can help...

Question 18

In concluding the interview, be sure to

Accepted Answer

The answer of In concluding the interview, be sure to
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Question 19

A paralegal should not rely entirely on model interview forms because they

Accepted Answer

Model interview forms are typically created to cover a broad range of cases and may not account for the specific details of an individual case. It is important for paralegals to ask follow-up questions and customize their interview approach to gather all relevant information needed for the case.

Question 20

Typically, at the initial interview the client should sign a

Accepted Answer

The client should sign a medical information release at the initial interview so that the attorney can obtain the client's medical records to support their case. The other options (motion to dismiss, sworn statement about the accident, malpractice release for the attorney) are not typically signed at the initial interview.

Quiz 2: The Initial Interview