?? Ethics & appears to be criminal lawt

Question 1

ADR

Answer 1

Alternative Dispute Resolution

Question 2

Two Main forms of ADR

Answer 2

• Mediation

- Arbitration

Question 3

Why do we need alternatives?

Answer 3

litigation is expensive

time consuming

Question 4

Mediation and Arbitration similarities / differencies

Answer 4

Mediation -
ordered by the court
almost nobody leaves with all of what they want

Arbitration -
is agreed to in contract
it is one person who decides everything

Question 5

How long does ADR take?

Answer 5

Depends

Question 6

Cost of ADR?

Answer 6

Depends

Question 7

Should you do Arbitration?

Answer 7

Can you sit down and figure it out on your own?
Arbitration - if you are unhappy, nothing you can do
Mediation - other party doesn’t hold terms of contract you can sue for breach of contract

Question 8

Can a paralegal be a mediator?

Answer 8

sure, but probably won’t get hired

Question 9

What is Discovery?

Answer 9

It is a detailed pretrial procedure that both parties engage in to learn facts of the case, as well as witnesses that will be called, from the other party.

Question 10

What does Discovery do?

Answer 10

prevents surprise,
allows for thorough prep for trial,
saves court time, and
promotes settlement

Question 11

What are the major forms of discovery?

Answer 11

1. Deposition
2. Request for Disclosures
3. Interrogatories
4. Request for Production
5. Request for Admissions
6. Physical and Mental Exams

Question 12

Depositions are ___.

Answer 12

oral testimony given,
under oath,
by a party or witness prior to trial.
The person testifying is called the deponent.

Question 13

The deponent in a deposition is ___.

Answer 13

the person testifying.

Question 14

** The person testifying in a deposition is called the ___.

Answer 14

deponent.

Question 15

The deposition of a witness can be given voluntarily or ___.

Answer 15

pursuant to a subpoena (court order).

Question 16

List 3 differences between mediation and arbitration.

Answer 16

Mediation -
- involves a 3rd party to assist in a resolution
- allows a party to go back to court and file a breach of contract if the party does not adhere to the agreement
- allows for discretion between the parties.
Arbitration -
- by contract
- final. No appeal.
- heard and decided by one person.

Question 17

The ethical rules for attorneys and paralegals in Texas are called ___.

Answer 17

Texas Disciplinary Rules of Professional Conduct

Question 18

UPL stands for

Answer 18

Unauthorized Practice of Law

Question 19

May a paralegal sign a certificate of service?

Answer 19

No

Question 20

What should be in the signature box of a paralegal?

Answer 20

Paralegal’s name and title

Question 21

When may a paralegal solicit clients for an attorney?

Answer 21

never

Question 22

Is an attorney signature stamp the same as signing by permission?

Answer 22

yes

Question 23

is UPL a civil offense, a criminal offense, neither, or both?

Answer 23

Both, a civil offense and a criminal offense

Question 24

Is a paralegal permitted to reject a case for an attorney if the attorney tells the paralegal to do so?

Answer 24

No

Question 25

If the attorney has a fee schedule for different kinds of cases, is it all right for a paralegal to quote a fee to a prospective client?

Answer 25

No

Question 26

Give three examples of what constitutes "legal advice"

Answer 26

Yes, you have a case. No, you don't have a case. You should not get a living trust. (ck this one before using it)

Question 27

Under what circumstance will an ethical wall be built around a paralegal?

Answer 27

when there is a conflict

Question 28

CLE stands for

Answer 28

continuing legal education

Question 29

At what age is a person considered an adult for purposes of the criminal justice system?

Answer 29

17

Question 30

In the state of Texas, crimes are classified in what two categories?

Answer 30

misdemeanor | felonies

Question 31

The police took a client's written statement. The client tells his attorney that he did not waive his right to an attorney. What type of motion should the attorney file to attempt to keep the statement out of evidence?

Answer 31

motion to surpress

Question 32

Name three ways a criminal case may be resolved.

Answer 32

Dismissal, Plea, Trial

Question 33

Evidence that is favorable to a defendant is called what?

Answer 33

exculpatory evidence or brady motion

Question 34

Which motion should be filed in every criminal case that is set for trial?

Answer 34

Motion for Discovery

Question 35

What type of hearing is held to determine if a juvenile case should be transferred to a criminal district court?

Answer 35

certification hearing

Question 36

A juvenile commits a first degree felony. What is the minimum age she must be if the State wants to transfer her case to a criminal district court?

Answer 36

14 years