March 25 Exam Flashcards Preview

Paralegal Course > March 25 Exam > Flashcards

Flashcards in March 25 Exam Deck (34):
1

List three differences between mediation and arbitration.

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

2

The ethical rules for attorneys and paralegals in Texas are called

Texas Disciplinary Rules of Professional Conduct

3

UPL stands for

Unauthorized Practice of Law

4

May a paralegal sign a certificate of service?

no

5

May a paralegal sign a pleading by permission?

no

6

What should be in the signature box of a paralegal?

Paralegal's name and title

7

When may a paralegal solicit clients for an attorney?

never

8

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

yes

9

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

Both

10

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

No

11

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?

no

12

Give three examples of what constitutes "legal advice"

yes, you have a case.
no, you don't have a case.
You should not get a living trust.

13

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

when there is a conflict

14

CLE stands for

continuing legal education

15

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

17

16

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

misdemeanor
felonies

17

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?

motion to surpress

18

Name three ways a criminal case may be resolved.

Dismissal, plea, trial

19

Evidence that is favorable to a defendant is called what?

exculpatory evidence or brady motion

20

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

Motion for Discovery

21

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

certification hearing

22

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?

14 years

23

What is the minimum age for criminal responsibility in the juvenile courts.

10 years.

24

What is a directive to apprehend and why is it issued?

A directive to apprehend is a warrant for arrest for a juvenile. It is issued if a crime has been committed or the juvenile has violated their probation.

25

A juvenile is in police custody. Police want to take his statement. Who must give the juvenile his Miranda warnings in order for the statement to be admissible?

neutral magistrate

26

An attorney is hired in a juvenile case. The juvenile's parents pay the attorney's fee. Is the attorney obligated to tell the parents everything the juvenile tells him? Why or why not?

No. The juvenile has a right to confidentiality. The juvenile is the attorney's client and has privilege, not the parents.

27

Who issues a no-bill and what does it mean?

The grand jury. There is no probably cause for the case to move forward.

28

Who taught you criminal and juvenile law?

Jane Vara

29

Email address of the defendant's neighbor:

moremerlot@wino.com

30

Where plaintiff ordered dinner from on 9-20-2012.

Fuzzy Pizza

31

Name of the child whose birthday party was on 9-20-2012.

Kelsey

32

On what street does plaintiff live?

Morse

33

What is the cost of a replacement access card at the firm?

$500

34

What is the address of the law firm?

2323 S. Shepherd Dr, Houston, TX 77019