Question 1

A paralegal is entitled to do all those things a lawyer may do as long as:

Accepted Answer

A)  the paralegal is working under the supervision of a lawyer. 
B)  the paralegal takes full responsibility for his or her actions. 
C)  the paralegal is certified. 
D)  (a) and (c) together. 
E)  none of the above. 
A)  the paralegal is working under the supervision of a lawyer. 
B)  the paralegal takes full responsibility for his or her actions. 
C)  the paralegal is certified. 
D)  (a) and (c) together. 
E)  none of the above. E

Question 2

Why is the arbitration of a fact dispute, technically, not the practice of law?

Accepted Answer

Individuals who are involved in the arbitration of a fact dispute are not providing representation to a client before a court or other official body that determines legal rights and obligations. If the dispute concerns only matters of fact, there is no occasion to provide legal advice. The law (courts) encour- ages parties to settle their own disputes if at all possible. In effect, an agreement to arbitrate is a method of making a settlement.

Question 3

DEFINE
-malpractice

Accepted Answer

Negligence committed by a person in the course of rendering professional services.

Question 4

A lawyer need not comply with a client's request that the lawyer:

Accepted Answer

A)  commence a groundless lawsuit. 
B)  not assert a claim. 
C)  settle a lawsuit. 
D)  dismiss a lawsuit. 
A)  commence a groundless lawsuit. 
B)  not assert a claim. 
C)  settle a lawsuit. 
D)  dismiss a lawsuit.

Question 5

If a lawyer discovers that his or her client has attempted to bribe a witness, the lawyer must:

Accepted Answer

A)  inform the court about the situation. 
B)  inform the client that he or she must inform the court. 
C)  keep the client's confidence by telling no one. 
D)  file a criminal complaint against the client. 
E)  (a) and (b). 
A)  inform the court about the situation. 
B)  inform the client that he or she must inform the court. 
C)  keep the client's confidence by telling no one. 
D)  file a criminal complaint against the client. 
E)  (a) and (b).

Question 6

On what grounds may a client discharge his or her lawyer who is handling a civil litigation for the client?

Accepted Answer

A client does not ne

Question 7

What is the rationale for permitting lawyers to advertise their services?

Accepted Answer

Advertising is justified on the basis th

Question 8

A lawyer owes his or her highest duty to the client.

Accepted Answer

A) True 
 B)False

Question 9

To be admitted to practice law in the federal courts, a lawyer must pass an examination which specifically tests the lawyer's knowledge of federal law, both substantive and procedural.

Accepted Answer

A) True 
 B)False

Question 10

What implied authority does a lawyer have from the client when handling the client's civil litigation?

Accepted Answer

A lawyer has implied authority to admini

Question 11

Why are communications between a lawyer and a client privileged?

Accepted Answer

The client must feel free to disclose hi

Question 12

Who may act as an attorney pro se?

Accepted Answer

Any competent adult may act as

Question 13

DEFINE
-mediation

Accepted Answer

A procedure for dispute resolution that

Question 14

Is a paralegal subject to the direct control of the court system?

Accepted Answer

A paralegal is bound by the same constra

Question 15

A lawyer has implicit authority to do whatever is reasonably necessary to prepare and conduct the client's trial.

Accepted Answer

A) True 
 B)False

Question 16

Who does not have to provide a reason for terminating the lawyer-client relationship?

Accepted Answer

A)  the lawyer 
B)  the client 
C)  the judge 
D)  none of the above 
A)  the lawyer 
B)  the client 
C)  the judge 
D)  none of the above

Question 17

A lawyer may not withdraw from a pending case if the withdrawal would prejudice the client's legal interests and burden the court.

Accepted Answer

A) True 
 B)False

Question 18

There is no distinction between an "agency" relationship and a "fiduciary"
relationship.

Accepted Answer

A) True 
 B)False

Question 19

Are certified paralegals subject to disciplinary action for any act that violates the lawyers' Code of Professional Responsibility?

Accepted Answer

No. However, the law

Question 20

DEFINE
-maintenance

Accepted Answer

The practice of advancing moni

Exam 2: Lawyer and Client Relationship and Ethics

A paralegal is entitled to do all those things a lawyer may do as long as:

Why is the arbitration of a fact dispute, technically, not the practice of law?

DEFINE -malpractice

A lawyer need not comply with a client's request that the lawyer:

If a lawyer discovers that his or her client has attempted to bribe a witness, the lawyer must:

On what grounds may a client discharge his or her lawyer who is handling a civil litigation for the client?

What is the rationale for permitting lawyers to advertise their services?

A lawyer owes his or her highest duty to the client.

To be admitted to practice law in the federal courts, a lawyer must pass an examination which specifically tests the lawyer's knowledge of federal law, both substantive and procedural.

What implied authority does a lawyer have from the client when handling the client's civil litigation?

Why are communications between a lawyer and a client privileged?

Who may act as an attorney pro se?

DEFINE -mediation

Is a paralegal subject to the direct control of the court system?

A lawyer has implicit authority to do whatever is reasonably necessary to prepare and conduct the client's trial.

Who does not have to provide a reason for terminating the lawyer-client relationship?

A lawyer may not withdraw from a pending case if the withdrawal would prejudice the client's legal interests and burden the court.

There is no distinction between an "agency" relationship and a "fiduciary" relationship.

Are certified paralegals subject to disciplinary action for any act that violates the lawyers' Code of Professional Responsibility?

DEFINE -maintenance

Litigation Principles

Court Organization

Causes of Action and Remedies

Affirmative Defenses

Introduction to Federal Procedure

Gathering Evidence

Evidence

Conducting an Investigation

Expert Witnesses

Interrogatories

Oral Depositions

Preparing Client for Deposition

Medical Examinations and Records

Inspection of Property, Documents, and Things

Requests for Admissions

Motions

Preparation for Trial

Structure of a Civil Trial

Judgments

Appeals

Settlements, Releases, and Dismissals

Arbitration and Mediation Glossary

Filters