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Business Law 2 > MLS Test one > Flashcards

MLS Test one Flashcards

(81 cards)

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1
Q

A person, qualified by education, training or work experience Who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity Who performs specifically delegated substantive legal work, For which a lawyer is responsible

A

paralegal/legal assistant

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2
Q

Four basic steps in analyzing a legal situation

A

analyze the facts
identifying the appropriate legal rules
applying the legal rules to the facts
reporting the results in a clear and understandable manner

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3
Q

the application of legal rules to a specific fact pattern

A

legal reasoning

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4
Q

what does legal reasoning involve

A

analysis of constitution
analysis of court opinions
preferably you want to use precedent case law that is analogous or distinguishable

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5
Q

minimum requirement for paralegals

A

associates degree or ABA certificate

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6
Q

National Association of Legal Assistants

A

1975
legal assistants are a distinguishable group of non-lawyers who assist attorneys in the delivery of legal services
voluntary cert program paralegals can apply for

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7
Q

National Federation of Paralegal Association

A

1974

paralegals can be authorized by administrative, statutory or court authority to perform this work

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8
Q

paralegal that works as an independent contractor

A

freelance

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9
Q

paralegal who operates within the law, representing persons before administrative agencies

A

lay advocate

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10
Q

non-lawyer who provides legal services directly to public within supervision of an attorney

A

legal technician

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11
Q

prepares standardized legal docs

A

legal scrivener

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12
Q

organizes and files legal docs

A

document clerk

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13
Q

law student or recent law school graduate who has not yet passed the bar

A

law clerk

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14
Q

individuals put their name on an official list kept by some private organization or govt agency

A

registration

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15
Q

recognized by non-govt organization after meeting special criteria
macombs programs

A

certified

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16
Q

established by govt agencies, once meet their standards you have a license in that field, this then prohibits people who have not met these standards from working in that field

A

licensure

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17
Q

three biggest ethical issues paralegals face

A

paralegals cannot give legal advice
must respect confidentiality of client
avoid creating a conflict of interest

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18
Q

the study of various theories of legal philosophy to explain what the purpose of the law is and how laws work

A

jurisprudence

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19
Q

how did common law come to be

A

prior decisions
stare decisis
precedent

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20
Q

what does common law do

A

help create efficient court system

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21
Q

two functions of the constitution

A

separation of powers between executive, legislative, and judicial
to protect us from govt overreaching and operates as checks and balances

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22
Q

purpose of legislative branch

A

make the laws

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23
Q

purpose of the executive branch

A

veto powers

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24
Q

purpose of judicial powers

A

interprets the laws

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25
first 10 amendments of the constitution
bill of rights
26
the power not delegated to the US by constitution nor prohibited by it to the states, are reserved to the states respectively
10th amendment
27
lay down rules and regulations that govern future conduct, usually contain general prohibitions that are open to interpretation
statutes
28
who has the power for statutory review
congress
29
when there is a disagreement between 3 branches , who has the final authority?
judiciary review
30
what do courts have the power to do
interpret laws and use common law if no statute, court opinions or admin regulation to rely on
31
what are congress powers
limited to powers stated in constitution
32
4th branch of govt
administrative agencies
33
law detailed in the admin law area
regulation
34
the statute that establishes and sets out the powers of the admin agency
enabling law
35
harm against an individual
civil laws
36
harm against society as a whole
criminal law
37
defines our legal rights and duties
substantive law
38
govern how the legal system operates
procedural law
39
torts, contracts, property
types of civil substantive law
40
statute of limitations, jurisdiction
types of civil procedural laws
41
battery, larceny
types of criminal substantive law
42
miranda warning, right to attorney, search and seizure
types of criminal procedural law
43
what does pre-emption mean
the power of federal govt to prevent states from passing conflicting laws
44
federal law is involved if the issue deals with what two things
federal question | diversity of citizenship
45
a system of govt in which the authority to govern is split between a single, nationwide central govt and several regional govt that control specific geographic areas
federalism
46
doctrine of implied powers
art 1 sec 8 & 18 interstate commerce clause gives congress powers not stated in constitution but are necessary to carry out other, expressly granted powers
47
both federal and state can legislate
criminal behavior that crosses state lines, kidnapping and drugs
48
only federal govt can legislate
highways, RR, safety issues
49
used in criminal trials, proof of crime must be conclusive >90%
beyond reasonable doubt
50
used in civil trials, proof must indicated its more likely than not person committed the wrong>51%
preponderance of evidence
51
used in certain civil trials, evidence must be > than preponderance but < than beyond a reasonable doubt >75%
clear and convincing evidence
52
must be able to [prove the elements of the crime, the requisite bad intent and bad act and must prove this beyong a reasonable doubt
prima facie case
53
act or omission
actus rea
54
intent to do act
mens rea
55
the length of time from when something happens to when a lawsuit must be filed before the right to bring the suit is lost
statute of limitations
56
what do you need to file a suit
a cause of action, claim that based on the law and facts is sufficient to support a lawsuit
57
4 things admin law can do
enact, enforce, investigate, adjudicate
58
jurisdiction that can hear any type of case
general or original if first time
59
jurisdiction that can only hear certain type of case
limited/special
60
jurisdiction of 2 or more courts can hear a case
concurrent
61
what does the court need to hear a case?
subject matter- can hear a particular case | personal- over individuals
62
trial court functions
? of fact-determine whose version of the facts is more credible ? of law-apply the law to those o reach a decision
63
three ways legal issues arise
meaning of the underlying cause of action, during trial-issues conduct of trial challenges to constitutionality of the law being applied
64
3 ways appelate court can decide a case
reverse, remand, affirm
65
difference between statute and admin regs
vague vs specific/narrow
66
requires the lower court to submit its record to US supreme court for review
writ of certiorari
67
power of federal courts to hear matters of state law if the opposing parties are from different states and the amount exceeds 75K
diversity jurisdiction
68
method used to resolve a claim or dispute without trial
alternative dispute resolution
69
a 3rd party acts as a facilitator to help the parties resolve their dispute
mediation
70
3rd party who is the decision maker for the parties if they cannot resolve the dispute without the arbitrators help, this is usually binding on the parties
arbitration
71
advantages of ADR
time efficient less $ no trial
72
4 categories of felonies
personal property public health govt
73
three stages to litigation
pretrial trial appeal or post trial
74
power of court to hear a particular type of case
subject matter jurisdiction
75
power of a court to force a person to appeal before it
personal jurisdiction
76
functions of trial judge
cant respond to motions admissions of evidence oversees selection of jury instruct jury
77
first pleading to be filed
complaint
78
what is reviewed in appellate court
?s of law, errors of trial judge
79
types of discovery
interogatories depositions requests for admissions requests for docs and physical exam
80
judge vs jury
?s of law vs ?s of fact
81
number of justices needed to hear a case in supreme court
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Business Law 2 (8 decks)

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