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Paralegal ALS Exam
ALS Questions
96
Law
Professional
09/08/2011

Additional Law Flashcards

 


 

Cards

Term

 

 

There are eight parts of speech

Definition

   

 verbs                 adjectives

    nouns                prepositions

  pronouns           conjuctions

      adverbs             interjections    

Term

 

 

Examples of linking verbs are

Definition

 

 

be , seem, become, appear, feels, appears, taste

is, are, was, were and looks

Term

 

 

 

Verbs can be

Definition

 

present

past

past particpal

present particpal

Term

 

 

 

There are three moods( modes) for verbs

Definition

 

 

indicative

imperative

subjunctive

Term

 

 

 

There are how many steps to forming possession

Definition

 

 

 

3

Term

 

 

 

A  pronoun replaces what?

Definition

 

 

 

noun or name

Term

 

 

 

First person pronouns are

Definition

 

 

 

I, we, me, us, my, mine.our, ours

Term

 

 

 

Imperative mood verbs express

Definition

 

 

 

order, request, or command

Term

 

 

 

Third person pronouns are

Definition

 

 

he, she, them, his, its , their

Term

 

 

A subject must agree with the verb in person and number

Definition

 

 

 

True

Term

 

 

 

You takes a singular verb

Definition

 

 

 

False

Term

 

 

If the sentence had both a positive and negative subject, the verb should agree with the_______subject.

Definition

 

 

 

positive

Term

 

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________.

Definition

 

 

 

 

nearest to the verb

Term

 

 

When the objective form  whom (or whomever) is used, which of the following you can NOT substitute as the object of the verb:

Definition

 

 

 

she

 

 

(can use her and us)

Term

 

 

I would appreciate you/your returning to me a file stamped copy of the enclosed Motion to Dismiss.

Definition

 

 

 

YOUR

Term

 

 

 

Who and that are used when referring to_______.

Definition

 

 

persons

Term

 

 

The new mall is futher/father from my house than the old mall.

Definition

 

 

 

FARTHER- particular distance

 

 

 

 

( futher- distance, greater extent)

Term

 

 

 

Oranges, tangerines, and apples are good fruits, but I prefer the latter/last one.

Definition

 

 

LAST- coming after all other

 

 

 

 

(latter- 2nd of two things)

Term

 

 

Exercise is more healthful/healthy than not exercising.

Definition

 

 

 

HEALTHFUL

Term

 

 

I receive fewer/less presents this year for Christmas than last year.

Definition

 

 

FEWER-refers to number

 

 

 

 

( less-refers to degree)

Term

 

 

Would you make me a copy of the brief

which/that we filed in the Smith matter?

Definition

 

 

 

THAT

Term

 

 

 

Amy doesn't sew as well as I/me.

Definition

 

 

I

 

 

(never end a sentence me) 

Term

 

 

 

Teresa asked Melinda and myself/me to help with the refreshments.

Definition

 

 

 

ME

Term

 

 

 

We all felt badly/bad when Anne was laid off.

Definition

 

 

BAD- refers to everything else(emotion)

 

 

 

 

(badly-touch of felt)

Term

 

 

 

Rain or shine, the weather will not affect/effect the parade.

Definition

 

 

AFFECT-happens before the fact

 

 

 

(effect-happens after the fact)

Term

 

 

 

As a child of the 50's/50s, I loved Elvis.

Definition

 

 

50s- refers to era

 

 

 

 

(50's refers to age)

Term

 

 

 

They were forced to sale/sell the timber to pay the taxes.

Definition

 

 

SALE- act of selling

 

 

 

( sell- transfer for a price)

Term

 

 

 

The concept of ethics is defined as

Definition

 

 

 

principles of conduct governing an individual or a profession

Term

 

 

A question of ethics can be presented to the American Bar Association(ABA) or local state bar association for an opinion.

Definition

 

 

 

TRUE

Term

 

 

To define the role of lawyers and lawyers'staff members within our legal system, the ABA adopted the _____in 1983.

Definition

 

 

 

Model Rules of Professional Conduct

Term

 

 

One of the most fundamental duties of lawyers and, by association, their non-lawyer staff members is the duty of_______.

Definition

 

 

 

COMPETENCE

Term

 

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.

Definition

 

 

 

FALSE

Term

 

 

A lawyer is always responsible for the conduct of non-lawyer employed by, retained by, or associated with that lawyer.

Definition

 

 

 

TRUE

Term

 

 

Lawyers' assistants, even under the direct supervision of the lawyer, may never represent a client in court, give legal advice, set fees, or

Definition

 

 

 

accept cases

Term

 

 

 

Breaches of the duty of competence

Definition

 

 

errors in legal documents

inadquate research

misses deadlines

Term

 

 

Having a lawyer's assistant conduct the initial interview with a client may be considers the unauthorized practice of law.

 

 

Definition

 

 

 

TRUE

Term

 

 

Missing a statutory deadline may subject the lawyer to claims of______.

Definition

 

 

 

MALPRACTICE

 

 

professional misconduct or unreasonable lack of skill;  a violation of a standad of care.

Term

 

 

 

Negligence

Definition

 

 

Failure to use care that a reasonable and prudent person would use under similar circumstances

Term

 

 

 

Damages

Definition

 

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.

Term

TRUE or FALSE

 

A notary public has a great responsibilty and in some states is required to take examinations and submit a bond

Definition

 

 

 

TRUE

Term

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.

Definition

 

 

 

FALSE

Term

 

 

A written statement that a signer has sworn to be true is known as an_____.

Definition

 

 

 

 

 

 

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.

 

Term

 

 

 

Acknowledgment

Definition

 

(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.

Term

 

 

 

Affirmation

Definition

 

 

A solemn and formal declaration that an affidavit is true. This is substitutes for an oath in certain instances.

Term

 

 

A written statement in which the signer declares before the notary that he or she personally signed the accompanying document is known as an______.

Definition

 

 

 

ACKNOWLEDGEMENT

Term

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.

 

Definition

 

 

 

FALSE

Term

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.

Definition

 

 

 

TRUE

Term

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.

Definition

 

 

 

 

FALSE

Term

 

 

The term"Interest on Lawyer's Trust Accounts" (IOLTA) refers to the deposit of client funds into ______accounts.

Definition

 

 

 

interest-bearing (accounts)

Term

 

Lawyers who violate rules governing professional conduct are subject to disciplinary proceedings and may be assessed penalties known as _____ for such conduct.

Definition

 

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.

Term

 

 

Penalties resulting from professional misconduct can range from_____to _____to_____.

Definition

 

 

 

reprimand, suspension, disbarment

Term

 

 

Failure to perform legal duties in a competent manner, by a lawyer or lawyers' assistants is known as

Definition

 

 

BREACHING

 

 

The failure of one party to carry out any condition of a contract

Term

 

 

Failure to exercise due care, professional misconduct, by a lawyer or his staff can subject the lawyer to claims of________.

Definition

 

 

MALPRACTICE

 

 

professional misconduct or unreasonable lack of skill; a violation of a standard of care.

Term

 

 

A conflict of interest is said to exist when the representation of a client_____the interest of another client.

Definition

 

 

INJURES

Term

 

 

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.

Definition

 

 

 

LEGAL ISSUE

Term

 

 

Some confidential communications between the lawyer and a client are additionally protected by rules governing the______.

Definition

 

 

 

ATTORNEY-CLIENT PRIVILEGE

Term

 

 

Communications between a lawyer and client concerning the client'd legal rights and/or problems are considered to be________.

 

Definition

 

 

PRIVILEGED

Term

TRUE or FALSE

 

THe attorney-client privilegd comes into existence as soon as the lawyer agrees to represent the client.

Definition

 

 

 

FALSE

Term

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.

Definition

 

 

 

 

TRUE

Term

 

 

Clients may sign a(n) ________allowing the lawyer to disclose privileged information to a third party.

Definition

 

 

 

informed consent

Term

TRUE or FALSE

 

Under no circumstances can a lawyer give information to a person that is not his client.

Definition

 

 

 

FALSE

Term

 

 

The requirements for the position of a notary public vary from state to state but usually require________.

Definition

 

 

 

good moral character

Term

 

 

The main feature of copy equipment that can saddle-binf documents is that it allows for _______.

Definition

 

 

 

stapling along the center fold of a booklet

Term

T

 

The person who has primary responsibilty for a dicket control system is the_______.

Definition

 

 

 

lawyer

Term

 

 

Three types of filing systems are alphabetic, numeric and_______.

Definition

 

 

 

alpha-numeric

Term

 

 

Standard Mail( Bulk Mail) includes

Definition

 

flyers

circulars

ads

newletters bulletins

catalogs

Term

 

 

 

All lawyer and staff should refer to the "docket"

Definition

 

 

 

DAILY

Term

 

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

Definition

 

 

spreadsheet program

Term

 

 

The last three letters of an email address ( after the last " .")is called

Definition

 

 

 

the domain

Term

 

 

The tool used to create consistent appearance in a document while reducing keystrokes needed to format the documents is called

Definition

 

 

 

styles

Term

 

 

 

The accounting equation is______.

 

Definition

 

 

 

assets=liabilities+ owner's equity

 

 

( ALOE)

Term

 

 

The three facts that must be considered when compuring interest are_______.

Definition

 

 

principal, interest rate and time period

Term

 

Upon receipt of funds in which a client or third person has an interest, the attorney shall_______.

 

Definition

 

 

promptly notify such client or third person.

Term

 

 

"Pay to the order of" is a(n)

Definition

 

 

special or full endorsement

 

 

 

An endorsement that states to whom a check is to be paid.

Term

 

 

In a double entry bookkeeping system, to credit an account means to record an amount________.

Definition

 

 

 

on the right or credit side of the account

Term

 

 

 

To combine funds into a common fund

Definition

 

 

 

commingle

Term

 

 

 

The first double-entry record of a transaction is usually made in a _______.

Definition

 

 

 

journal

Term

 

 

The correct way in which to cite a particular amendment to the United States Constition is

Definition

 

 

 

U.S.CONST. amend IX, § 1

Term

 

 

The citation to Section 391.76 of Title 7 found in the Code of Federal Regulations, which was published in 1999.

Definition

 

 

7 C.F.R. § 319.73(1999)

Term

 

 

In a block or modified block letter, the subject line is place_______.

Definition

 

 

 

on the second line below or above the salutation

Term

 

 

If an original documnet contains a significant mistake, in responding to that documnet, that mistake should be:

Definition

 

 

followed by "sic" in brackets and otherwise left as the mistake appears in the original

Term

 

 

Most documents are now created on computers which have default settings of_______.

Definition

 

 

one-inch top and bottom margins and one-inch or one and quarter inch left and right side margins.

Term

TRUE or FALSE

 

If you are underlinfing th eword "Id." you would underlinf the period.

Definition

 

 

 

 

TRUE

Term

 

 

 

A list of legal authorites cited in a brief is called:

Definition

 

 

 

a table of authorities

Term

 

 

Supra refers:

Definition

 

 

 

back to material that has already appeared within the piece

Term

TRUE or FALSE

 

 

Treaties would not be one of the major primary authorites that are cited

Definition

 

 

TRUE

 

 

 

(Constitutions and Case law are primary authorities that are cited)

Term

 

 

Weekly  paperback pamphlets that carry current cases until there is a sufficient number of cases to fill a bound volume are

Definition

 

 

 

advance sheets

Term

 

 

A state may not pass a law inconsistent with the federal law is the principal or doctrine of _______.

Definition

 

 

 

preemption

Term

 

 

 

Jurisdiction is the authority given a court to

Definition

 

 

 

hear and decide certain cases

Term

 

 

Written opinions of the court are known as ______.

Definition

 

 

 

case law

Term

 

 

Law based upon a series of written codes or lwas is known as

Definition

 

 

 

civil law

Term

 

 

The number of Unites States Courts of Appeal is________.

Definition

 

 

 

13

Term

 

 

The type of lawsuite seeking relief in the form of an award other than money is a(n)

Definition

 

 

 

equity action

Term

 

 

The six parts of a complaint are:

Definition

Caption

  opening paragraph

 allegations

counts

prayer

verification

Term

TRUE or FALSE

 

All federal courts of original jurisdiction now require electronic filing.

Definition

 

 

 

TRUE

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