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

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Introduction to Paralegalism: Perspectives, Problems, and Skills317Test Bank Questions

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318Test Bank QuestionsCHAPTER 1Introduction to the Paralegal CareerTest Bank QuestionsTrue/FalseIndicate 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 underattorney 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 ChoiceIdentify 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 publicwithout 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 withoutattorney 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.Rentb.Paralegal salariesc.Insuranced.Secretaries

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Introduction to Paralegalism: Perspectives, Problems, and Skills319Short Answer15. 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 didMissouri v. Jenkinsdecide?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-BlankComplete each statement.23. One of the most important skills in the law is the ability to identify the _______ that needs to beresolved.24. Under the ________ test, a substantive legal task is one that an attorney would have to perform if aparalegal were not available.25. A(n) ____________ paralegal does not work in litigation; instead, he or she assists an attorney whorepresents clients in matters such as entering contracts, incorporating a business, closing a real estatesale, 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 ofbillable hours over a designated period of time.30. The rule of three is unlikely to be achieved if the office assigns many __________ tasks to aparalegal.31. Something is ______________ if it pertains to records that are prepared on events as the events areoccurring or very shortly thereafter.32. The hourly rate that a law office actually collects from the billable hours submitted by an attorney orparalegal is the ____________ rate.MatchingMatch each numbered entry with the most relevant lettered entry.A. Continuing legal education (CLE)B. Traditional paralegalC. Independent contractorD. OverheadE. Fee-shiftingF. LeveragingG. LodestarH. American rule33. Not chargeable to a client34. Statutory-fee case35. Further training36. Profiting from the income-generating efforts ofothers37. Business owner38. An employee39. Clients pay their own attorney fees40. A method of calculating an award of attorneyfees authorized by statute

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320Test Bank QuestionsCHAPTER 2Paralegal EmploymentTest Bank QuestionsTrue/FalseIndicate 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’sown 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+expin a want ad probably means that the position requires two or more years ofexperience.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 ChoiceIdentify 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 Skills321Short Answer17. 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-BlankComplete each statement.24. The distinguishing feature of a private law firm is that its income comes from the __________ ofindividual 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 anemployee of an attorney is called a bankruptcy _____________________.27. A paralegal who helps law offices determine whether a conflict of interest exists is sometimes calleda(n) _________________.28. A document service ______________ is a nonattorney who works without attorney supervision toprovide legal-document assistance to individuals who are representing themselves.29. Due _______________ consists of reasonable efforts to find and verify factual information needed tocarry out an obligation, to avoid harming someone, or to make an important decision, e.g., to decidewhether 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 iscalled ______________________.33. TANF means _____________ Assistance to Needy Families.34. Work experience and education are often presented on a résumé in ______________ chronologicalorder.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 itscurrent or potential clients.MatchingMatch each numbered entry with the most relevant lettered entry.A.Paralegal specialistB.IndigentC.Pro bonoD.UncontestedE.Group legal servicesF.NetworkingG.Blind adH.BoutiqueI.Document service provider (DSP)37. Performed without fee38. Without opposition39. Legal insurance40. Establishing contacts41. Law firm that specializes42. Civil service job classification43. Impoverished44. Does not name the prospective employer45. Independent contractor

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322Test Bank QuestionsCHAPTER 3On-the-Job Realities: The Assertive ParalegalTest Bank QuestionsTrue/FalseIndicate 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 herown 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 CLEattendance is recommended but not required.7.The National Association of Legal Secretaries changed its name to NALS, the Association for LegalProfessionals.8.Quid pro quo harassment consists of pervasive unwelcome sexual conduct or sex-based ridicule thatunreasonably interferes with an individual’s job performance.9.An employer can always avoid liability for sexual harassment committed by one of its employees ifthe employer has a clearly posted written policy against such harassment.10.Clinical education consists of training in which students work on real cases under professionalsupervision.11.Many new lawyers come out of law school never having drafted a complaint.Short Answer12.What are some of the reasons busy law offices can be hectic environments, leading tomiscommunication?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 Skills323MatchingMatch each numbered entry with the most relevant lettered entry.A.Opposed to; harmful, unfavorableB.Office politicsC.Background investigationD.May cause a disqualification from providingrepresentationE.Title VIIF.NALSG.Performance reviewH.Realization rateI.ContemporaneousJ.Flextime21. Conflict of interest22. Civil Rights Act23. Not a set time to arrive24. Fees that are collected25. Adverse26. Occurring at the same time27. Due diligence28. Present in all large offices29. Evaluation30. Association for Legal Professionals

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324Test Bank QuestionsCHAPTER 4The Regulation of ParalegalsTest Bank QuestionsTrue/FalseIndicate whether the statement is true or false.1.To avoid a charge of engaging in the unauthorized practice of law for helping a specific personresolve 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 legalinformation, you are always giving legal advice.4.The main authorization for what traditional paralegals do comes from the supervision they receivefrom 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 notprovided by the institution.8.A federal agency’s authorization of nonattorney representation in hearings at the agency is invalid if astate 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 theparalegal by his or her employer.11.A ministerial function is one performed in a prescribed manner without the exercise of judgment ordiscretion.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 ineffect.14.Continuing legal education (CLE) for paralegals is not required in any state.Multiple ChoiceIdentify 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 didJohnson v. Averyenforce?a.The Supremacy Clauseb.The right of access to the courtsc.The First Amendmentd.The right to equal protection17.What part of the U.S. Constitution didSperry v. State of Florida ex rel. the Florida Barapply?a.The Supremacy Clauseb.The right of access to the courtsc.The Second Amendmentd.The right to equal protection

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Introduction to Paralegalism: Perspectives, Problems, and Skills32518.A bankruptcy petition preparer (BPP):a.cannot use the wordlegalin advertisements.b.must print his or her name, address, and Social Security number on every document the BPPprepares.c.must file a declaration of fees received.d.all of the above.Short Answer19.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 unauthorizedpractice of law?23.What does the federal Administrative Procedure Act say about representation when someone is forcedto 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 associatemember?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-BlankComplete 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 toconform.35.At one time, bar associations negotiated __________________ with real estate agents, insuranceagents, banks, and other occupations to identify which conduct would not constitute the practice oflaw.36.It is a violation of the _____________ law for bar associations to publish a minimum fee schedulecontaining 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 businessand contracts to perform tasks for others. In general, the latter do not control many of theadministrative details of how the work is performed.39.A(n) __________________ is required to maintain a record of the proceedings before it, including aword-for-word account of what occurred.40.Bob Smith became a(n) _________________ paralegal the day he successfully completed theparalegal program at Davis College.

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326Test Bank QuestionsMatchingMatch each numbered entry with the most relevant lettered entry.A.Approval of a schoolB.Negligent supervisionC.PreemptD.Standards of behaviorE.Government permissionF.Pro seG.Adjournment or postponementH.Writ writerI.Hearing officerJ.Governs agency proceedings41. Ethics42. Administrative Procedure Act43. Continuance44. Jailhouse lawyer45. Administrative law judge (ALJ)46. Displace or take precedence over47. Representing oneself48. Accreditation49. License50. Careless monitoringMatch each numbered entry with the most relevant lettered entry.A.Tax representativeB.U.S. ConstitutionC.BondD.NALAE.NFPAF.Civil wrongG.Let the master (boss) answerH.Able to payI.Without liability insuranceJ.Liability insurance51. Occurrence policy52. Go bare53. Respondeat superior54. Deep pocket55. Tort56. CLA57. Obligation to perform an act upon a conditionoccurring58. Supremacy Clause59. Enrolled agent60. PACE

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Introduction to Paralegalism: Perspectives, Problems, and Skills327CHAPTER 5Attorney Ethics and Paralegal EthicsTest Bank QuestionsTrue/FalseIndicate 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 MDPwould be allowed.6.It is always unethical for an attorney to hurt his or her own client by telling the court about a case orother 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-clientprivilege.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 whendetermining whether an attorney has acted unethically because of paralegal misconduct.14.Documents that contain legal advice cannot be drafted by a paralegal.Multiple ChoiceIdentify 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 tradingb. Participating in a pension plan that is funded by client feesc. Paddingd. Double billing17.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 Answer18.List the main attorney sanctions for unethical conduct.19.What is an MDP?

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328Test Bank Questions20.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-BlankComplete 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 necessaryto represent a particular client.36.A(n) ________________fee is a fee received by one attorney from another to whom the first attorneyreferred a client.37.To make clear that the attorney is not taking a case, the attorney should send the person seeking legalservices a letter of ________________.38.A(n) _____________ check is needed to determine whether taking a new client might cause a conflictof interest with a current client.39.The crime of _______________ consists of stirring up quarrels or litigation or persistently instigatinglawsuits, often groundless ones.40.A(n) _______________ interest is a financial interest.MatchingMatch each numbered entry with the most relevant lettered entry.A. Real timeB. At-will employeeC. Double billingD. Practice of lawE. Opponents contesting an issueF. EthicsG. Attestation clauseH. Attorney-client fee agreementI. SanctionJ. Fee splitting41. Witnessed a signature42. Penalty or punishment43. Helping to solve a specific person’s legalproblem44. Adversary system45. Payment to attorneys in different firms46. Has no contract protection47. Occurring now; able to respond immediately48. Fraud49. Model Rules of Professional Conduct50. Contract for services

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Introduction to Paralegalism: Perspectives, Problems, and Skills329Match each numbered entry with the most relevant lettered entry.A.DiscoverableB.PrivilegedC.DisinterestedD.Frivolous positionE.SolicitationF.ConfidentialG.Chinese wallH.BiasI.Conflict of interestJ.Commingling51. Predisposition52. Mixing client and personal funds53. Ambulance chasing54. Method of quarantining someone55. Neutral56. Divided loyalty57. Covered by a special benefit or protection58. Can be obtained by deposition orinterrogatories59. Identity of office clients60. Not supported by any reasonable argumentMatch each numbered entry with the most relevant lettered entry.A.Malicious prosecutionB.Ex parteC.RebuttableD.Paralegal feeE.TicklerF.Statute of limitationsG.DilatoryH.Career client listI.Anticontact ruleJ.Spoliation61. Need permission from opposing counsel62. Reminder system63. Identifies all prior client cases64. Causing delay without justification65. Intentionally destroying evidence66. Is not paid to the paralegal67. With only one side present68. Bringing a suit without probable cause69. Contrary evidence can be introduced70. Time within which a suit must be brought

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330Test Bank QuestionsCHAPTER 6Introduction to the Legal SystemTest Bank QuestionsTrue/FalseIndicate 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 toomuch 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 administrativeremedies.10.An enabling statute allows (enables) an administrative agency to carry out specified delegated powers.Multiple ChoiceIdentify 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.Opinionsb.Statutesc.Administrative regulationsd.All of the above12.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 lawcan 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 Answer15.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 Skills331Fill-in-the-BlankComplete 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 theconstitution. (At the federal level, they are called Article III courts because they derive theirjurisdiction 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 calledArticle I courts because Article I of the U.S. Constitution gives Congress the authority to createspecial 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 ofcase.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 legislatureafter incorporating amendments or other changes.MatchingMatch each numbered entry with the most relevant lettered entry.A.Stare decisisB.En bancC.U.S. district courtD.BicameralE.Judicial reviewF.Subject-matter jurisdictionG.OpinionH.FederalismI.Quasi-adjudicationJ.Common law26. Division of powers27. Judge-made law28. Determine the constitutionality of a law29. Administrative decision similar to an opinion30. Explanation of a decision31. Power to hear a particular kind of case32. Two houses33. Where federal trials are conducted34. Reluctance to reject precedent35. The entire courtMatch each numbered entry with the most relevant lettered entry.A.PrecedentB.Administrative agencyC.JurisdictionD.BillE.Opinion of the attorney generalF.Legislative historyG.OrdinanceH.OverrideI.Legislative branchJ.Checks and balances36. Proposed statute37. Events leading up to the passing of the statute38. Writes the laws39. Allocation of government powers40. Change a result41. Law of a city council42. Power or authority to act43. A prior decision used as a guide44. Carries out statutes45. Government legal advice

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