Term
There are eight parts of speech |
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verbs adjectives
nouns prepositions
pronouns conjuctions
adverbs interjections |
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Examples of linking verbs are |
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be , seem, become, appear, feels, appears, taste
is, are, was, were and looks |
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present
past
past particpal
present particpal |
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There are three moods( modes) for verbs |
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indicative
imperative
subjunctive |
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There are how many steps to forming possession |
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First person pronouns are |
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I, we, me, us, my, mine.our, ours |
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Imperative mood verbs express |
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order, request, or command |
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Third person pronouns are |
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he, she, them, his, its , their |
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A subject must agree with the verb in person and number |
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You takes a singular verb |
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If the sentence had both a positive and negative subject, the verb should agree with the_______subject. |
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When a subject is made up of both singular and plural words that are connected by or, either...or, neither...nor, or not only...but also, the verb should agree with the part of the subject that is________. |
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When the objective form whom (or whomever) is used, which of the following you can NOT substitute as the object of the verb: |
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I would appreciate you/your returning to me a file stamped copy of the enclosed Motion to Dismiss. |
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Who and that are used when referring to_______. |
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The new mall is futher/father from my house than the old mall. |
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FARTHER- particular distance
( futher- distance, greater extent) |
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Oranges, tangerines, and apples are good fruits, but I prefer the latter/last one. |
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LAST- coming after all other
(latter- 2nd of two things) |
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Exercise is more healthful/healthy than not exercising. |
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I receive fewer/less presents this year for Christmas than last year. |
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FEWER-refers to number
( less-refers to degree) |
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Would you make me a copy of the brief
which/that we filed in the Smith matter? |
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Amy doesn't sew as well as I/me. |
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I
(never end a sentence me) |
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Teresa asked Melinda and myself/me to help with the refreshments. |
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We all felt badly/bad when Anne was laid off. |
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BAD- refers to everything else(emotion)
(badly-touch of felt) |
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Rain or shine, the weather will not affect/effect the parade. |
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AFFECT-happens before the fact
(effect-happens after the fact) |
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As a child of the 50's/50s, I loved Elvis. |
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50s- refers to era
(50's refers to age) |
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They were forced to sale/sell the timber to pay the taxes. |
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SALE- act of selling
( sell- transfer for a price) |
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The concept of ethics is defined as |
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principles of conduct governing an individual or a profession |
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A question of ethics can be presented to the American Bar Association(ABA) or local state bar association for an opinion. |
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To define the role of lawyers and lawyers'staff members within our legal system, the ABA adopted the _____in 1983. |
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Model Rules of Professional Conduct |
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One of the most fundamental duties of lawyers and, by association, their non-lawyer staff members is the duty of_______. |
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A legal assistant can do every task a lawyer can do in delivering legal services to the public as longas they are under the direct supervision of the lawyer. |
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A lawyer is always responsible for the conduct of non-lawyer employed by, retained by, or associated with that lawyer. |
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Lawyers' assistants, even under the direct supervision of the lawyer, may never represent a client in court, give legal advice, set fees, or |
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Breaches of the duty of competence |
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errors in legal documents
inadquate research
misses deadlines |
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Having a lawyer's assistant conduct the initial interview with a client may be considers the unauthorized practice of law.
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Missing a statutory deadline may subject the lawyer to claims of______. |
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MALPRACTICE
professional misconduct or unreasonable lack of skill; a violation of a standad of care. |
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Failure to use care that a reasonable and prudent person would use under similar circumstances |
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Financial compensation which may be recovered in the courts by any person who has suffered loss, detriment or injury, whether to his or her person, property, or rights through the unlawful act or omission or negligence of another. |
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TRUE or FALSE
A notary public has a great responsibilty and in some states is required to take examinations and submit a bond |
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TRUE or FALSE
A notary public may take acknowlegements by telephone if the signer is well known to the notary and has personally signed the notarial journal with the previous six months. |
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A written statement that a signer has sworn to be true is known as an_____. |
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AFFIDAVIT
a written or printed declaration of facts made voluntarily and confirmed by oath of the maker to a person with authority to administer the oath.
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(1) A formal declaration by the person who executed the instrument before an authorized official that it is his or her free act and deed.(2)The certificate of the official on such instrument attesting that it was so acknowledged. |
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A solemn and formal declaration that an affidavit is true. This is substitutes for an oath in certain instances. |
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A written statement in which the signer declares before the notary that he or she personally signed the accompanying document is known as an______. |
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TRUE or FALSE
A notary may act in an official capacity in any matter as long as the notary recieves no benefit from the transaction.
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TRUE or FALSE
A notary public is personally responsible for the intergrity of all notarial acts performed according to the terms of the notarial appointment, and the notary's employer may be subject to malpractice claims resulting from the notary's error or omission. |
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True or False
Funds of clients paid to a lawyer or law firm can be placed in the firm's operating account for a short period of time as long as accurate records of the transactions are maintained and the lawyer does not use the client funds for personal business. |
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The term"Interest on Lawyer's Trust Accounts" (IOLTA) refers to the deposit of client funds into ______accounts. |
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interest-bearing (accounts) |
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Lawyers who violate rules governing professional conduct are subject to disciplinary proceedings and may be assessed penalties known as _____ for such conduct. |
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sanctions
The part of law which is designed to secure enforcement by imposing a penalty for its violation or offering a reward for its obervance. |
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Penalties resulting from professional misconduct can range from_____to _____to_____. |
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reprimand, suspension, disbarment |
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Failure to perform legal duties in a competent manner, by a lawyer or lawyers' assistants is known as |
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BREACHING
The failure of one party to carry out any condition of a contract |
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Failure to exercise due care, professional misconduct, by a lawyer or his staff can subject the lawyer to claims of________. |
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Definition
MALPRACTICE
professional misconduct or unreasonable lack of skill; a violation of a standard of care. |
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A conflict of interest is said to exist when the representation of a client_____the interest of another client. |
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To run an effective conflict check, a lawyer's assistant must know the names of all parties who may be involves in the matter and the _______ involved. |
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Some confidential communications between the lawyer and a client are additionally protected by rules governing the______. |
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ATTORNEY-CLIENT PRIVILEGE |
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Communications between a lawyer and client concerning the client'd legal rights and/or problems are considered to be________.
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TRUE or FALSE
THe attorney-client privilegd comes into existence as soon as the lawyer agrees to represent the client. |
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TRUE or FALSE
Attorney-client privilege can be destroyed if communications between the lawyer and client are overheard by a third party such as the lawyers's assistant. |
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Clients may sign a(n) ________allowing the lawyer to disclose privileged information to a third party. |
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TRUE or FALSE
Under no circumstances can a lawyer give information to a person that is not his client. |
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The requirements for the position of a notary public vary from state to state but usually require________. |
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The main feature of copy equipment that can saddle-binf documents is that it allows for _______. |
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Definition
stapling along the center fold of a booklet |
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T
The person who has primary responsibilty for a dicket control system is the_______. |
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Three types of filing systems are alphabetic, numeric and_______. |
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Standard Mail( Bulk Mail) includes |
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Definition
flyers
circulars
ads
newletters bulletins
catalogs |
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All lawyer and staff should refer to the "docket" |
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Information that is organized into cells of columns and rows and can be manipulated to perform a variety of mathematical calculations would be creates by using a |
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The last three letters of an email address ( after the last " .")is called |
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The tool used to create consistent appearance in a document while reducing keystrokes needed to format the documents is called |
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The accounting equation is______.
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assets=liabilities+ owner's equity
( ALOE) |
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The three facts that must be considered when compuring interest are_______. |
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principal, interest rate and time period |
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Upon receipt of funds in which a client or third person has an interest, the attorney shall_______.
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promptly notify such client or third person. |
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"Pay to the order of" is a(n) |
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special or full endorsement
An endorsement that states to whom a check is to be paid. |
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In a double entry bookkeeping system, to credit an account means to record an amount________. |
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on the right or credit side of the account |
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To combine funds into a common fund |
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The first double-entry record of a transaction is usually made in a _______. |
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The correct way in which to cite a particular amendment to the United States Constition is |
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The citation to Section 391.76 of Title 7 found in the Code of Federal Regulations, which was published in 1999. |
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In a block or modified block letter, the subject line is place_______. |
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on the second line below or above the salutation |
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If an original documnet contains a significant mistake, in responding to that documnet, that mistake should be: |
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Definition
followed by "sic" in brackets and otherwise left as the mistake appears in the original |
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Most documents are now created on computers which have default settings of_______. |
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one-inch top and bottom margins and one-inch or one and quarter inch left and right side margins. |
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TRUE or FALSE
If you are underlinfing th eword "Id." you would underlinf the period. |
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A list of legal authorites cited in a brief is called: |
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back to material that has already appeared within the piece |
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TRUE or FALSE
Treaties would not be one of the major primary authorites that are cited |
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TRUE
(Constitutions and Case law are primary authorities that are cited) |
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Weekly paperback pamphlets that carry current cases until there is a sufficient number of cases to fill a bound volume are |
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A state may not pass a law inconsistent with the federal law is the principal or doctrine of _______. |
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Jurisdiction is the authority given a court to |
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hear and decide certain cases |
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Written opinions of the court are known as ______. |
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Law based upon a series of written codes or lwas is known as |
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The number of Unites States Courts of Appeal is________. |
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The type of lawsuite seeking relief in the form of an award other than money is a(n) |
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The six parts of a complaint are: |
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Caption
opening paragraph
allegations
counts
prayer
verification |
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TRUE or FALSE
All federal courts of original jurisdiction now require electronic filing. |
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