Atty's Fees, Motion, Objections, IP, Bankruptcy, E Filing Flashcards
(128 cards)
1
Q
What is the name of the current federal bankruptcy law?
A
Bankruptcy Abuse Prevention & Consumer Protection Act of 2005
2
Q
Bankruptcy liquidation is found in ___ of the Bankruptcy Code
A
Chapter 7
3
Q
If a business wants to file for bankruptcy to allow it to reorganize and emerge as a going business, it would file under
A
Chapter 11
4
Q
The rehabilitation form of bankruptcy that can be filed by an individual is found in __ of the Bankruptcy Code.
A
Chapter 13
5
Q
What does the 2005 Act require an individual filing for bankruptcy to receive before it files a petition?
A
Pre-Petition Counseling
6
Q
If an attorney represents a debtor in a bankruptcy proceeding, and the information in one of the schedules is wrong, what kind of punitive measures can be ordered against the attorney by the court?
A
Fined
&
Sanctioned
7
Q
Property that can be retained by a debtor in a bankruptcy case is called
A
Exempt Property
8
Q
In terms of intellectual property law, tell what category of IP does Product formula fall under?
A
Trade Secrets
9
Q
In terms of intellectual property law, what category of IP does Movie scripts fall under?
A
Copyright
10
Q
In terms of intellectual property law, what category of IP do customer lists fall under?
A
Trade Secrets
11
Q
In terms of intellectual property law, tell what category of IP do newspapers fall under?
A
Copyright
12
Q
In terms of intellectual property law, tell what category of IP do machines fall under?
A
Patent
13
Q
In terms of intellectual property law, tell what category of IP do processes fall under?
A
Patent
14
Q
If I steal a trade secret, am i subject to civil penalties, criminal penalties, neither, or both?
A
Civil penalties
15
Q
Why was the Court of Appeals for the Federal Circuit in DC created?
A
To hear patent appeals in order to promote uniformity in patent law
16
Q
Where must all patent applications be filed?
A
United States Patent & Trademark Office
17
Q
How long does a patent last on an article of manufacture?
A
20 years
18
Q
GATT stands for
A
General
Agreement on
Tariffs &
Trade
19
Q
WTO stands for
A
World
Trade
Organization
20
Q
For patents, the U.S. follows the “first to ___” rule.
A
invent
21
Q
If I write an opera, do I have to put a C(with circle around it) on it to protect my copyright?
A
No
22
Q
Where do I register a copyright?
A
United
States
Copyright
Office
23
Q
If I copy a small part of a novel for a paper I’m writing for a college class, am I violating copyright law?
A
No
24
Q
What if I use an article by an industrial safety expert for a motion I’m drafting at a law firm. Is that a violation?
A
Yes
25
What's the difference between my copying/using an article written by an auto accident expert and the opinion written by the court in an auto accident case in terms of copyright law?
```
Opinion of the court is allowed by the
Fair
Use
Doctrine.
Auto expert article would be copyright infringement.
```
26
DMCA stands for
Digital
Millennium
Copyright
Act
27
For what period of time is a trademark registration valid?
10 years.
| Unlimited renewal every 10 years.
28
What is the legal significance of putting TM or SM on a mark?
No significance.
29
What is the most common contract for attorney?
Hourly Fee Agreement
30
what does the Hourly Fee Agreement include?
- what hourly fee will be
- hourly rates for: paralegals, law clerks and time who is billed
- should be specify the increments
31
what is the most common increments in billing clients?
6 minute increments because an hour is divided into 10 parts
32
Pre Litigation Settlement Contingency Percentage
33%
33
Case Filing Contingency Percentage
40%
34
Trial Contingency Percentage
45%
35
50% Rule
Some attorney's have 50% rule that provides client will get to keep half the award or settlement amount, even if that means some expenses will have to paid by the attorney, rather than the client.
36
What is the less popular attorney agreements?
Flat Fee Agreement
37
Flat Fee Agreement
- give client a flat amount
- no billing of hours
- two tiered - this amount if we do this and if we have to go and a little further then it will be this amount
- must include that it terminates after this specific matter
- Criminal defense attorneys use
38
Contingency Fee Agreement
- attorney doesn't take anything in advance
- attorney doesn't get anything unless they win & still has to pay expenses
- if they win they get a percentage
39
Is there a maximum amount an attorney can charge?
No, they can charge $2K an hour
40
Statutory Attorney Fee Contracts
- client won't pay any fees and if attorney wins attorney fees will be awarded
41
Motion to Dismiss
```
asks the court
to decide
that a claim,
even if accepted as true,
is not one for which the law
offers a remedy
```
42
___ is an amount of money that the attorney requires the client to pay in anticipation of hours to be billed.
Retainer
43
Where must unearned fees from a _____ ___ be maintained?
retainer fee
IOLTA account
44
Definition of a motion
```
a procedural device
to bring a
limited,
but contested,
matter
before a court
for a decision.
```
45
When can motions be made?
They can be made at any point in the proceedings - but it could be regulated by each individual court.
46
What has the motion to dismiss taken the place of?
Common law demurrer in most modern civil practice
47
What happens if a motion to dismiss is granted?
the claim is dismissed without any evidence being presented by the other side.
48
What type of motion asks the court to decide that certain evidence may or may not be presented to the jury at trial?
Motion
in
Limine
49
Are Motion for Summary Judgment hearings evidentiary or non-evidentiary hearings?
evidentiary hearings
50
What motion asks the court to decide that the available evidence supports a ruling in favor of the moving party?
Motion
for
Summary
Judgment
51
What type of contract is where the attorney takes no money upfront and are only paid if they win and court awards attorney fees
Statutory Attorney Fee
52
What motion asks the court to decide that a claim, even if accepted as true, is not one for which the law offers a remedy?
Motion
to
Dismiss
53
What does a Motion in Limine address?
generally addresses issues that would be prejudicial for the jury to hear in open court even if the judge instructs the jury to disregard the evidence
54
What motion asks the court to rule that a party with the burden of proof has not proven the case, and there is no need for the defense to attempt to present evidence?
Motion
for a
Directed
Verdict
55
Motion in Limine
```
asks the court
to decide
that certain evidence
may or may not be
presented to the jury at trial
```
56
What motion is made after the plaintiff has rested its case, and prior to the defense presenting any evidence?
Motion
for a
Directed Verdict
57
What is the violation for violating a Motion in Limine?
can result in court declaring a mistrial
58
Motion for Summary Judgment
```
asks the court
to decide
that the available
evidence
supports a ruling
in favor of the
moving party
```
59
Name two types of Dispositive Motions
Motion to Dismiss
Motion for Summary Judgment
60
What happens if a Motion in Limine is granted?
then evidence regarding it could not be mentioned in front of the jury, without first approaching the judge for permission
61
Motion for a Directed Verdict
```
asks the court
to rule
that a party
with the burden of proof
has not proven the case, and
there is no need for the defense to attempt
to present evidence
```
62
What motion asks the court to reverse the jury's verdict on the grounds that the jury could not reasonably have reached such a verdict or is unsupported by the evidence?
Motion for JNOV
or
Motion for Judgment Non Obstante Verdicto
or
Motion for Judgment Not Withstanding the Verdict
63
When is a Motion for JNOV made?
After the jury's verdict
64
Under what Federal rule has the motion for directed verdict and JNOV been replaced?
```
Rule 50
of the
(FRCP)
Federal Rules
of
Civil Procedure
```
65
Motion for a New Trial
```
asks the court
to overturn
or set aside
a court's decision
or a
jury verdict
```
66
Motion for Judgment Non Obstante Verdicto
```
ask the court
to reverse
the jury's verdict
on the grounds
that the jury
could not reasonably
have reached
such a verdict or is
unsupported by the evidence
```
67
What does a Motion for a New Trial need to be based on?
on vital error in the court's handling of the trial
such as
- admission or exclusion of key evidence
- an incorrect instruction to the jury
68
What happens if the court grants a Motion for JNOV?
the court enters a new verdict
69
What happens if the court grants a Motion for a Directed Verdict?
dismisses the case.
70
When is a Motion for a New Trial usually done?
is filed within a short time (7 - 30 days)
and
is decided prior to appeal
71
What motion asks the court to order either the opposing party or a third party to take some action?
Motion to Compel
72
What has the Motion for directed verdict and the JNOV been replaced with?
Motion for
Judgment
as a
Matter of law
73
What doe motions to compel usually deal with?
```
propounded discovery
to opposing party
or third party
believes the discovery
responses were insufficient
```
74
What are the two names for JNOV
Judgment Non Obstante Verdicto
Judgment Not Withstanding the Verdict
75
What motion asks the court to postpone or delay a case that has been set for trial?
Motion for Continuance
76
Motion to Extend
```
asks the court
to extend
the deadline
by which a document
must be filed
```
77
Motion to Compel
```
asks the court
to order
either the opposing party
or a
third party
to take some action
```
78
What motion asks the court to overturn or set aside a court's decision or a jury verdict?
Motion
for a
New
Trial
79
What is a Motion for Judgment as a Matter of Law?
It can be made at the close of the opposing party's evidence
and
"renewed" after the return of the verdict.
80
When can a Motion for JNOV be used?
in a criminal case only to reverse a guilty verdict
81
What motion asks the court to transfer a case to another county in Texas?
Motion
to
Transfer
Venue
82
When is the time to make an objection?
when the objectionable evidence is offered at trial
83
Motion to Strike Deemed Admissions
```
asks the court
to allow
a party
to withdraw
or amend
its deemed
admissions
```
84
What motion asks the court to allow a party to withdraw or amend its deemed admissions?
```
Motion
to
Strike
Deemed
Admissions
```
85
Motion for continuance
```
asks the court
to postpone
or delay
a case that has been
set for trial
```
86
What motion asks the court to extend the deadline by which a document must be filed?
Motion to Extend
87
Motion to Quash
```
used to challenge
defects in the
citation
or
service of process
```
88
What are the three types of motions to transfer?
1) . improper county and convenience of the parties and witnesses
2) . local prejudice
3) . consent of the parties
89
Does a Motion to Quash end the lawsuit?
No, it just simply delays it.
90
What motion is used to challenge defects in the citation or service of process?
Motion
to
Quash
91
Motion to Transfer Venue
```
asks the court
to transfer
a case
to another county
in Texas
```
92
What are the 2 reasons for objections?
1) . prevent evidence from being introduced and heard by the J&J
2) . preserve the issue for appellate review
93
Hearsay
an out of court statement
offered to prove
the truth
of the matter asserted
94
If a leading question is asked on direct, the proper objection is?
"Leading"
or
"Counsel is leading the witness"
95
If the other lawyer asks long questions that don't even sound like a question, the proper question is?
Objection: counsel is testifying
96
If the question will not solicit testimony that has anything to do with the issues before the court, objection is?
Objection: Relevance
97
If an objection is not made to the evidence, what happens?
any error in its admission is waived.
98
If the other side tries to introduce tangible evidence without laying the proper predicate, the objection is?
Objection: no foundation
or
Objection: improper predicate
99
If the other side keeps asking the same question over and over, changing the words a little, the objection to get them to stop is?
"asked and answered"
this is when they themselves have asked and answered the question
100
If a witness is asked a question and they respond by saying something other than the answer to the question, what objection?
Objection: nonresponsive
101
If a question is predicated on facts that have not yet been introduced into evidence, the objection is?
Objection: ASSUMES facts not in evidence
MUST BE "ASSUMES" not assumed
102
What happens if the judge sustains the objection?
will instruct the witness to answer the question
103
```
the question
will not
solicit testimony
that has anything
to do
with the issues
before the court
```
Objection: relevance
104
Only for Mock Trial
| if the sister-in-law gets up and testifies, "I did" that is?
Unfair Extrapolation
105
When you observe it, (the lawyer really has to be in the witnesses face), the proper objection?
Objection: badgering the witness
106
If a question is not based on facts, but only on conjecture, the proper objection is?
objection: Speculation
Ex. why do you think she damaged your car? That calls for speculation.
107
If the answer to a question just tends to go on and on, without another question being asked, the proper objection?
objection: narrative
108
E-Filing was not widely used until when?
2003
109
What is the name of the official government portal?
TexasOnline
| all one word
110
How many counties does Texas have?
254 counties
111
How many judges are in texas?
3,444 judges
112
How many courts in texas?
2,796
113
When were attorney's required to e-file in the top 10 most populous counties?
January 1, 2014
114
When was the implementation plan of mandatory e-filing in ALL counties?
July 1, 2016
115
5 benefits of e-filing
1. simultaneous access to filed court
2. reduced delay from lost or misplaced paper files and reduction of storing paper
3. increased security
4. improved legal processes
5. enhanced public safety arising from electronic service of and instantaneous access to court orders
116
Who got the contract to implement the e-filing system?
Tyler Technologies
117
What is the new EFM called?
TexFile
| one word
118
What does EFM stand for?
E-
Filing
Manager
119
what are three things that help the paralegal with e-filing?
1. submit court docs online
2. filing fees automatically calculated when filings are submitted
3. receive filing status updates by email
4. receive a file-stamped copy of the filing
120
what does e-filing allow for clerks and judges?
1. move documents directly into case or document mgmnt syst
2. receive, review, and accept documents online
3. spend less time scanning and processing paper documents
4. get direct payment of fees without clerk handling or credit card issues
121
Once e-filing is mandated, what else can the clerk offer?
the clerk may not offer any alternative methods of e-filing except in event of an emergency (electricity is out)
Fax filing will never be permitted
122
What does a firm need to have to e-file?
EFSP
123
What does EFSP stand for?
Electronic
Filing
System
Provider
124
What does the Texas SC and Appellate Courts require?
text-searchable PDFs
125
What can you use to make sure that your PDF is text-searchable?
OCR
126
What is OCR?
Optical
Character
Recognition
(i.e. Adobe Acrobat)
127
What is the maximum file size?
Currently 30 MB
128
What are some of the common clerk rejections of e-filings?
- unsigned document
- incorrect case number
- improper formatting
- landscape and should be portrait
