Test 10 Flashcards
1
Q
- The ethical rules for attorneys and paralegals in Texas are called ____________________________________________________.
A
Texas Disciplinary Rules for Professional Conduct
2
Q
- UPL stands for _________________________________________.
A
Unauthorized Practice of Law
3
Q
- May a paralegal sign a pleading by permission? __________________
A
No
4
Q
- May a paralegal sign a certificate of service? __________________
A
No
5
Q
- What should be in the signature box of the paralegal? ___________________
A
Name and Title
6
Q
- When may a paralegal solicit clients for an attorney? ______________
A
Never
7
Q
- Is an attorney signature stamp the same as signing by permission? __________
A
Yes
8
Q
- Is UPL a civil offense, a criminal offense, neither, or both? ______________
A
Both
9
Q
- Is a paralegal permitted to reject a case for an attorney if the attorney tells the paralegal to do so? _________________
A
No
10
Q
- 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? ____________________
A
No
11
Q
- Give three examples of what constitutes “legal advice”:
A
Telling someone they have a case, telling someone how much money they could win, explaining the law to someone
12
Q
- Under what circumstance will an ethical wall be built around a paralegal? ________________________________________________________
A
when there is a conflict of interest
13
Q
- CLE stands for _________________________________________________________
A
Continuing Legal Education
14
Q
- At what age is a person considered an adult for purposes of the criminal justice system? ____________________
A
17
15
Q
- In the State of Texas, crimes are classified in what two categories? _____________________ and ____________________________
A
Misdemeanors and Felonies
16
Q
- 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?
A
motion to suppress
17
Q
- Name three ways a criminal cases may be resolved.
A
Dismiss, plea, trial
18
Q
- Evidence that is favorable to a defendant is called what? _____________________________________
A
exculpatory
19
Q
- Which motion should be filed in every criminal case that is set for trial? ___________________________________
A
Brady motion or motion for discovery
20
Q
- What type of hearing is held to determine if a juvenile case should be transferred to a criminal district court? _________________________________________
A
certification hearing
21
Q
- A juvenile commits a first degree felony. What is the minimum age she must be if the State wants to transfer her case to criminal district court? _______________
A
14
22
Q
- What is the minimum age for criminal responsibility in the juvenile courts? ___________
A
10
23
Q
- What is a directive to apprehend and why is it issued?
A
Like an arrest warrant but issued for juveniles. Issued when a crime is committed or probation violation
24
Q
- 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?
A
A neutral magistrate
25
25. 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. Attorney client privilege exists between the juvenile and attorney
26
26. Who issues a no-bill and what does it mean?
Grand jury. There is no probable cause to proceed.
27
27. Who taught you criminal and juvenile law? ________________________________
Jane Vara
28
28. Email address of the defendant’s neighbor: _____________________________________
moremerlot@wino.com
29
29. Where plaintiff ordered dinner from on 9.20.2012 _______________________________
Fuzzy's Pizza
30
30. Name of the child who’s birthday party was on 9.20.2012 ________________________
Kelsey
31
31. What is the cost of a replacement access card at the firm? ________________________
$500.00
32
32. What is the address of the law firm? _________________________________________
2323 S. Shepherd
