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Test Bank for Introduction to Paralegalism: Perspectives, Problems and Skills, 8th Edition

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    Introduction to Paralegalism: Perspectives, Problems, and Skills 317 Test Bank Questions

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    318 Test Bank Questions CHAPTER 1 Introduction to the Paralegal Career Test Bank Questions True/False Indicate whether the statement is true or false. 1. Precision and attention to detail are important characteristics of a paralegal. 2. One out of every three Americans will need the advice of an attorney in the next six months. 3. NALA is one of the member associations of NFPA. 4. Independent contractors are employees of attorneys. 5. Some states allow disbarred or suspended attorneys to work as paralegals. 6. In California, an independent contractor cannot be called a paralegal unless he or she works under attorney supervision. 7. The definition of a paralegal that is legally binding is the definition written by the American Bar Association. 8. Under our legal system, winning and losing parties always pay their own attorney fees. 9. Leveraging can make paralegals profitable for employing attorneys. Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. 10. The association that is primarily concerned with the supervision of paralegals on the job is: a. NALA. b. IPMA. c. SCOP. d. NFPA. 11. When an independent contractor does work for an attorney, the independent contractor controls: a. the objectives of the work. b. the scope of the work. c. many of the administrative details of performing the work. d. court costs. 12. Opposition to document service providers (DSPs) who sell their services directly to the public without attorney supervision has come from: a. some disgruntled clients of DSPs. b. some bar associations. c. some traditional paralegals. d. all of the above. 13. In California, independent contractors who sell law-related legal services to the public without attorney supervision are called: a. legal document assistants (LDAs). b. unlawful detainer assistants (UDAs). c. bankruptcy petition preparers (BPPs). d. all of the above. 14. The cost of which of the following is not considered overhead in most states? a. Rent b. Paralegal salaries c. Insurance d. Secretaries

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    Introduction to Paralegalism: Perspectives, Problems, and Skills 319 Short Answer 15. What national bar association has had a major role in the development of paralegalism? 16. What is paralegal certification? 17. What is the distinction between a traditional paralegal and an independent contractor? 18. What is a conflicts specialist? 19. Define the unauthorized practice of law. 20. What did Missouri v. Jenkins decide? 21. What is the rule of three? 22. What are three characteristics that are common to the definitions of a paralegal in many states? Fill-in-the-Blank Complete each statement. 23. One of the most important skills in the law is the ability to identify the _______ that needs to be resolved. 24. Under the ________ test, a substantive legal task is one that an attorney would have to perform if a paralegal were not available. 25. A(n) ____________ paralegal does not work in litigation; instead, he or she assists an attorney who represents clients in matters such as entering contracts, incorporating a business, closing a real estate sale, or planning an estate. 26. A(n) ______________fee is dependent on the outcome of the case. 27. In statutory-fee cases, paralegal fees will be denied for ___________ tasks performed by a paralegal. 28. Legal advice is a statement or conclusion that applies the law or legal principles to the facts of a(n) _____________ person’s legal problem. 29. A paralegal must meet a ____________ quota if he or she is expected to work a minimum number of billable hours over a designated period of time. 30. The rule of three is unlikely to be achieved if the office assigns many __________ tasks to a paralegal. 31. Something is ______________ if it pertains to records that are prepared on events as the events are occurring or very shortly thereafter. 32. The hourly rate that a law office actually collects from the billable hours submitted by an attorney or paralegal is the ____________ rate. Matching Match each numbered entry with the most relevant lettered entry. A. Continuing legal education (CLE) B. Traditional paralegal C. Independent contractor D. Overhead E. Fee-shifting F. Leveraging G. Lodestar H. American rule 33. Not chargeable to a client 34. Statutory-fee case 35. Further training 36. Profiting from the income-generating efforts of others 37. Business owner 38. An employee 39. Clients pay their own attorney fees 40. A method of calculating an award of attorney fees authorized by statute

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    320 Test Bank Questions CHAPTER 2 Paralegal Employment Test Bank Questions True/False Indicate whether the statement is true or false. 1. The job market for paralegals rarely fluctuates. 2. Most paralegals today are employed in medium to large private law offices. 3. Paralegals in large law firms tend to specialize less than paralegals in smaller firms. 4. A task that could be performed by an outside company or service but that is performed by a firm’s own employees is a task that is outsourced. 5. An indigent does not have sufficient funds to pay a private attorney. 6. Begin looking for a job once you graduate and know what kind of paralegal job you want. 7. An informational interview is designed to find you a job with a particular employer. 8. The notation 2 + exp in a want ad probably means that the position requires two or more years of experience. 9. Avoid giving dates of employment or of education on a functional résumé. 10. To avoid wasting time, ask an interviewer about salary at the beginning of the job interview. 11. One comprehensive résumé will usually be sufficient for every job you are seeking. Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. 12. The amount of time needed to find a paralegal job will depend on: a. the job market at the time you are looking. b. your competence and school record. c. the part of the country where you are looking. d. all of the above. 13. The chief government attorney is often called: a. assigned counsel. b. attorney general. c. senior partner. d. managing partner. 14. The chief attorney in a corporate law department is often called: a. assigned counsel. b. attorney general. c. senior partner. d. general counsel. 15. Intellectual property consists of: a. patents. b. copyrights. c. trademarks. d. all of the above. 16. Which of the following job-interview questions may be illegal? a. Were you fired from your last job? b. Do you exercise regularly? c. Do you have children? d. Have you ever been sued?

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    Introduction to Paralegalism: Perspectives, Problems, and Skills 321 Short Answer 17. What is e-discovery? 18. What does the United States Government Manual contain? 19. What is the function of prepaid legal services? 20. Describe the role of a legal nurse consultant (LNC). 21. List three places a paralegal working with employee benefits law might be employed. 22. Describe some of the job-finding resources you may be able to find on the Internet. 23. What are the two main kinds of employment agencies? Fill-in-the-Blank Complete each statement. 24. The distinguishing feature of a private law firm is that its income comes from the __________ of individual clients. 25. A major classification for paralegals in the federal government is the paralegal_____________. 26. A person who provides bankruptcy assistance as an independent contractor rather than as an employee of an attorney is called a bankruptcy _____________________. 27. A paralegal who helps law offices determine whether a conflict of interest exists is sometimes called a(n) _________________. 28. A document service ______________ is a nonattorney who works without attorney supervision to provide legal-document assistance to individuals who are representing themselves. 29. Due _______________ consists of reasonable efforts to find and verify factual information needed to carry out an obligation, to avoid harming someone, or to make an important decision, e.g., to decide whether a job prospect is worth pursuing. 30. Welfare, public housing, and medical care are sometimes referred to as ________________. 31. Paralegal associations sometimes have _______________ that will list available jobs in the area. 32. Short-term training in the law that takes place after you have received your formal legal training is called ______________________. 33. TANF means _____________ Assistance to Needy Families. 34. Work experience and education are often presented on a résumé in ______________ chronological order. 35. You have violated the grammatical rule on __________________ if your résumé or cover letter says, “studied corporate law and find estate transactions challenging.” 36. You can cause the _____________ of a law firm if you have a conflict of interest with one of its current or potential clients. Matching Match each numbered entry with the most relevant lettered entry. A. Paralegal specialist B. Indigent C. Pro bono D. Uncontested E. Group legal services F. Networking G. Blind ad H. Boutique I. Document service provider (DSP) 37. Performed without fee 38. Without opposition 39. Legal insurance 40. Establishing contacts 41. Law firm that specializes 42. Civil service job classification 43. Impoverished 44. Does not name the prospective employer 45. Independent contractor

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    322 Test Bank Questions CHAPTER 3 On-the-Job Realities: The Assertive Paralegal Test Bank Questions True/False Indicate whether the statement is true or false. 1. A major cause of job frustration is unrealistic expectations. 2. It is possible and necessary to avoid office politics in order to survive in a busy law office. 3. Because a paralegal can cause the disqualification of a law firm, the paralegal should keep his or her own conflict-of-law data. 4. CLE should be part of every paralegal’s professional life. 5. In at least one state (California), the failure of paralegals to meet CLE requirements can lead to a fine. 6. To maintain certification status from national and some state paralegal associations, voluntary CLE attendance is recommended but not required. 7. The National Association of Legal Secretaries changed its name to NALS, the Association for Legal Professionals. 8. Quid pro quo harassment consists of pervasive unwelcome sexual conduct or sex-based ridicule that unreasonably interferes with an individual’s job performance. 9. An employer can always avoid liability for sexual harassment committed by one of its employees if the employer has a clearly posted written policy against such harassment. 10. Clinical education consists of training in which students work on real cases under professional supervision. 11. Many new lawyers come out of law school never having drafted a complaint. Short Answer 12. What are some of the reasons busy law offices can be hectic environments, leading to miscommunication? 13. What is WIP, and what do you keep in a WIP diary or journal? 14. What are negative characteristics of some attorneys that can make them difficult to work ith? 15. Name some of the documents you should keep in your career development file. 16. What are some of the reasons tension can exist between paralegals and legal secretaries? 17. Why do some law office systems fail? 18. What is the case method used in law school? 19. What is pro bono work? 20. What is a realization rate?

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    Introduction to Paralegalism: Perspectives, Problems, and Skills 323 Matching Match each numbered entry with the most relevant lettered entry. A. Opposed to; harmful, unfavorable B. Office politics C. Background investigation D. May cause a disqualification from providing representation E. Title VII F. NALS G. Performance review H. Realization rate I. Contemporaneous J. Flextime 21. Conflict of interest 22. Civil Rights Act 23. Not a set time to arrive 24. Fees that are collected 25. Adverse 26. Occurring at the same time 27. Due diligence 28. Present in all large offices 29. Evaluation 30. Association for Legal Professionals

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    324 Test Bank Questions CHAPTER 4 The Regulation of Paralegals Test Bank Questions True/False Indicate whether the statement is true or false. 1. To avoid a charge of engaging in the unauthorized practice of law for helping a specific person resolve his or her legal problem, you need a license to practice law or special authorization. 2. A code is a set of rules that regulates conduct. 3. If you are giving legal advice, you are always giving legal information and if you are giving legal information, you are always giving legal advice. 4. The main authorization for what traditional paralegals do comes from the supervision they receive from their attorney-supervisors. 5. In a few inferior courts in some states, nonattorneys are allowed to represent clients. 6. By definition, a pro se party never uses legal help from attorneys or nonattorneys. 7. Jailhouse lawyers are nonattorneys who have a limited right to practice law if alternatives are not provided by the institution. 8. A federal agency’s authorization of nonattorney representation in hearings at the agency is invalid if a state declares such practice to be the unauthorized practice of law. 9. No state imposes restrictions on who can call themselves paralegals or legal assistants. 10. Whether a paralegal is entitled to overtime compensation is dependent on the title given to the paralegal by his or her employer. 11. A ministerial function is one performed in a prescribed manner without the exercise of judgment or discretion. 12. Paralegals are personally liable for the torts they commit on the job. 13. An occurrence policy covers only malpractice claims filed during the period in which the policy is in effect. 14. Continuing legal education (CLE) for paralegals is not required in any state. Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. 15. The practice of law consists of: a. representing someone in court or in an administrative proceeding. b. drafting legal documents for someone. c. giving someone legal advice. d. all of the above. 16. What constitutional right did Johnson v. Avery enforce? a. The Supremacy Clause b. The right of access to the courts c. The First Amendment d. The right to equal protection 17. What part of the U.S. Constitution did Sperry v. State of Florida ex rel. the Florida Bar apply? a. The Supremacy Clause b. The right of access to the courts c. The Second Amendment d. The right to equal protection

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    Introduction to Paralegalism: Perspectives, Problems, and Skills 325 18. A bankruptcy petition preparer (BPP): a. cannot use the word legal in advertisements. b. must print his or her name, address, and Social Security number on every document the BPP prepares. c. must file a declaration of fees received. d. all of the above. Short Answer 19. Define the practice of law. 20. What is the difference between certification and licensure? 21. When does legal information become legal advice? 22. What conduct of Rosemary Furman led to the charge that she was engaged in the unauthorized practice of law? 23. What does the federal Administrative Procedure Act say about representation when someone is forced to appear at a federal agency? 24. What is an enrolled agent? 25. What are the two main reasons an occupation might support licensure? 26. What is the main reason traditional paralegals have not been licensed? 27. What is a limited license legal technician (LLLT)? 28. What is a legal document assistant (LDA)? 29. What are some of the benefits of a paralegal joining a bar association as an affiliate or associate member? 30. What three national certification credentials can be earned without paralegal experience?? 31. Name any five states that have state-specific certification programs. 32. What is the name of the federal statute that governs overtime compensation? Fill-in-the-Blank Complete each statement. 33. In many states, the unauthorized practice of law is a(n) ________. 34. Ethics are standards of _____________to which members of an organization are expected to conform. 35. At one time, bar associations negotiated __________________ with real estate agents, insurance agents, banks, and other occupations to identify which conduct would not constitute the practice of law. 36. It is a violation of the _____________ law for bar associations to publish a minimum fee schedule containing a list of the lowest fees that attorneys may charge. 37. A communication with the court in the absence of the attorney for the other side is a(n) ______________ communication. 38. An independent contractor is a(n) _______________ person who operates his or her own business and contracts to perform tasks for others. In general, the latter do not control many of the administrative details of how the work is performed. 39. A(n) __________________ is required to maintain a record of the proceedings before it, including a word-for-word account of what occurred. 40. Bob Smith became a(n) _________________ paralegal the day he successfully completed the paralegal program at Davis College.

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    326 Test Bank Questions Matching Match each numbered entry with the most relevant lettered entry. A. Approval of a school B. Negligent supervision C. Preempt D. Standards of behavior E. Government permission F. Pro se G. Adjournment or postponement H. Writ writer I. Hearing officer J. Governs agency proceedings 41. Ethics 42. Administrative Procedure Act 43. Continuance 44. Jailhouse lawyer 45. Administrative law judge (ALJ) 46. Displace or take precedence over 47. Representing oneself 48. Accreditation 49. License 50. Careless monitoring Match each numbered entry with the most relevant lettered entry. A. Tax representative B. U.S. Constitution C. Bond D. NALA E. NFPA F. Civil wrong G. Let the master (boss) answer H. Able to pay I. Without liability insurance J. Liability insurance 51. Occurrence policy 52. Go bare 53. Respondeat superior 54. Deep pocket 55. Tort 56. CLA 57. Obligation to perform an act upon a condition occurring 58. Supremacy Clause 59. Enrolled agent 60. PACE

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    Introduction to Paralegalism: Perspectives, Problems, and Skills 327 CHAPTER 5 Attorney Ethics and Paralegal Ethics Test Bank Questions True/False Indicate whether the statement is true or false. 1. All ethical rules written by paralegal associations are enforced by substantial sanctions. 2. All national specialty bar associations of attorneys are voluntary. 3. CLE is never mandatory. 4. Large fees are inherently unethical. 5. If the state allows multidisciplinary practices (MDPs), sharing fees with nonattorneys in the MDP would be allowed. 6. It is always unethical for an attorney to hurt his or her own client by telling the court about a case or other authority that supports the client’s opponent. 7. There is no duty of confidentiality as to client facts that are not protected by the attorney-client privilege. 8. Client consent cures all attorney conduct that would otherwise be unethical. 9. An attorney’s duty of loyalty to a client ends when the client’s case is over. 10. A Chinese wall will always prevent imputed disqualification caused by a tainted paralegal. 11. It is never ethical for an attorney to solicit a client in person. 12. Every unethical act committed by a paralegal will subject his or her supervising attorney to discipline. 13. Under Model Rule 5.3, all the attorneys in a law office are not subject to the same standard when determining whether an attorney has acted unethically because of paralegal misconduct. 14. Documents that contain legal advice cannot be drafted by a paralegal. Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. 15. The current ethics code of the ABA governing attorneys is: a. Model Code of Professional Responsibility. b. Model Code of Ethics and Professional Responsibility. c. Model Rules of Professional Conduct. d. Code of Ethics and Professional Responsibility. 16. Which of the following is not unethical for a paralegal? a. Engaging in insider trading b. Participating in a pension plan that is funded by client fees c. Padding d. Double billing 17. Representing both sides in a lawsuit: a. is always unethical. b. is always allowed if both sides want the same attorney to represent them. c. should be avoided even if it is ethical. d. is always an improper conflict of interest. Short Answer 18. List the main attorney sanctions for unethical conduct. 19. What is an MDP?

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    328 Test Bank Questions 20. What factors determine the reasonableness of a fee? 21. Why are contingent fees in criminal cases unethical? 22. Distinguish between task padding and time padding. 23. How does a law firm avoid commingling? 24. What is a fee cap? 25. What is block billing? 26. What is the function of a client security fund? 27. What are metadata, and what danger do they pose? 28. What is a redacted document? 29. What are the ethical dangers of outsourcing? 30. What is abuse of process? 31. Define informed consent. 32. When must an attorney withdraw from a case? 33. What is successive representation? Fill-in-the-Blank Complete each statement. 34. An integrated bar association is also referred to as a(n) ______________ bar association. 35. An attorney is ____________ if he or she uses the knowledge and skill that are reasonably necessary to represent a particular client. 36. A(n) ________________fee is a fee received by one attorney from another to whom the first attorney referred a client. 37. To make clear that the attorney is not taking a case, the attorney should send the person seeking legal services a letter of ________________. 38. A(n) _____________ check is needed to determine whether taking a new client might cause a conflict of interest with a current client. 39. The crime of _______________ consists of stirring up quarrels or litigation or persistently instigating lawsuits, often groundless ones. 40. A(n) _______________ interest is a financial interest. Matching Match each numbered entry with the most relevant lettered entry. A. Real time B. At-will employee C. Double billing D. Practice of law E. Opponents contesting an issue F. Ethics G. Attestation clause H. Attorney-client fee agreement I. Sanction J. Fee splitting 41. Witnessed a signature 42. Penalty or punishment 43. Helping to solve a specific person’s legal problem 44. Adversary system 45. Payment to attorneys in different firms 46. Has no contract protection 47. Occurring now; able to respond immediately 48. Fraud 49. Model Rules of Professional Conduct 50. Contract for services

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    Introduction to Paralegalism: Perspectives, Problems, and Skills 329 Match each numbered entry with the most relevant lettered entry. A. Discoverable B. Privileged C. Disinterested D. Frivolous position E. Solicitation F. Confidential G. Chinese wall H. Bias I. Conflict of interest J. Commingling 51. Predisposition 52. Mixing client and personal funds 53. Ambulance chasing 54. Method of quarantining someone 55. Neutral 56. Divided loyalty 57. Covered by a special benefit or protection 58. Can be obtained by deposition or interrogatories 59. Identity of office clients 60. Not supported by any reasonable argument Match each numbered entry with the most relevant lettered entry. A. Malicious prosecution B. Ex parte C. Rebuttable D. Paralegal fee E. Tickler F. Statute of limitations G. Dilatory H. Career client list I. Anticontact rule J. Spoliation 61. Need permission from opposing counsel 62. Reminder system 63. Identifies all prior client cases 64. Causing delay without justification 65. Intentionally destroying evidence 66. Is not paid to the paralegal 67. With only one side present 68. Bringing a suit without probable cause 69. Contrary evidence can be introduced 70. Time within which a suit must be brought

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    330 Test Bank Questions CHAPTER 6 Introduction to the Legal System Test Bank Questions True/False Indicate whether the statement is true or false. 1. Statutes carry out administrative regulations. 2. Checks and balances comprise a system designed to prevent the federal government from gaining too much power over the state governments. 3. Stare decisis is the reluctance of courts to ignore precedent. 4. With some exceptions, a court of general jurisdiction has jurisdiction to hear any kind of case. 5. In rem jurisdiction is the power of the court over a particular person. 6. Every state has an intermediate appellate court. 7. The main intermediate appellate court in the federal system is the U.S. Court of Appeals. 8. The court of last resort in every state is called the supreme court. 9. Before a party can have an administrative hearing, he or she must exhaust his or her administrative remedies. 10. An enabling statute allows (enables) an administrative agency to carry out specified delegated powers. Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. 11. Which of the following laws are written by the legislature? a. Opinions b. Statutes c. Administrative regulations d. All of the above 12. Federalism is the division of power: a. among the executive, legislative, and judicial branches. b. among the federal government and the three branches of the government. c. among the federal and state governments. d. all of the above. 13. Common law can mean or refer to: a. judge-made law. b. the legal system of America and England. c. case and statutory law in England before the American Revolution. d. all of the above. 14. The legislative history of a statute consists of: a. its language when proposed as a bill. b. amendments considered but rejected. c. amendments considered and changed before being adopted. d. all of the above. Short Answer 15. Explain checks and balances. 16. What is a pocket veto? 17. Distinguish between primary and secondary authority.

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    Introduction to Paralegalism: Perspectives, Problems, and Skills 331 Fill-in-the-Blank Complete each statement. 18. The fundamental law of a municipality or other local unit of government is the __________. 19. A(n) ______________ court is a court that derives its jurisdiction from a provision of the constitution. (At the federal level, they are called Article III courts because they derive their jurisdiction from Article III of the U.S. Constitution.) 20. A(n) ______________ court is a court created by the legislature. (At the federal level, they are called Article I courts because Article I of the U.S. Constitution gives Congress the authority to create special courts.) 21. The power of a court to determine the constitutionality of a statute is called the power of __________________. 22. A statute that changes the common law is a statute in ____________ of the common law. 23. If a court has ________________ jurisdiction, it is not the only court that can hear a particular kind of case. 24. Trial courts are courts of ____________ jurisdiction. 25. A(n) ______________ bill is the version of a bill passed by one of the chambers of the legislature after incorporating amendments or other changes. Matching Match each numbered entry with the most relevant lettered entry. A. Stare decisis B. En banc C. U.S. district court D. Bicameral E. Judicial review F. Subject-matter jurisdiction G. Opinion H. Federalism I. Quasi-adjudication J. Common law 26. Division of powers 27. Judge-made law 28. Determine the constitutionality of a law 29. Administrative decision similar to an opinion 30. Explanation of a decision 31. Power to hear a particular kind of case 32. Two houses 33. Where federal trials are conducted 34. Reluctance to reject precedent 35. The entire court Match each numbered entry with the most relevant lettered entry. A. Precedent B. Administrative agency C. Jurisdiction D. Bill E. Opinion of the attorney general F. Legislative history G. Ordinance H. Override I. Legislative branch J. Checks and balances 36. Proposed statute 37. Events leading up to the passing of the statute 38. Writes the laws 39. Allocation of government powers 40. Change a result 41. Law of a city council 42. Power or authority to act 43. A prior decision used as a guide 44. Carries out statutes 45. Government legal advice

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