Chap 2

Front 1

Where can you find an interview form?

Back 1

firm's form files
trial practice manuals

Front 2

What do you need to identify to create your own questionaire/interview form?

Back 2

The cause of action

Front 3

What 2 major areas is Law divided into?

Back 3

1. substantive law
2. procedural law

Front 4

Substantive Law

Back 4

defines the duties owed by one person to another

Front 5

Procedural Law

Back 5

defines the rules and steps that must be followed in a lawsuit

Front 6

What does the substantive law of Negligence state?

Back 6

all individuals have a duty to conduct themselves in their activities so as not to create an unreasonable risk of harm to others

Front 7

*What are the 4 Elements of negligence?

Back 7

1. existence of duty
2. breach of that duty
3. conduct is the cause of injury
4. (Injury in Fact) causes a real injury

Front 8

Duty

Back 8

in tort law: due care owed by one person to another

(substantive law of negligence: all individuals have a duty.....)

Front 9

Proximate cause

Back 9

in tort law: the cause and effect relationship that must be established to prove that the conduct of question was the substantial cause of the injury in question

Front 10

What are 4 defenses of negligence?

Back 10

1. comparative negligence
2. assumption of risk
3. contributory negligence (mostly abolished)
4. last clear chance

Front 11

Comparative Negligence

Back 11

permits a plaintiff who is contributorily negligent to recover BUT the award is REDUCED porportionately by the percentage of the plaintiff's negligence

Front 12

When do some states bar a plaintiff from recovery?

Back 12

if her comparative negligence is 51% +

Front 13

What is a (sort of) other term for comparative negligence?

Back 13

contributory negligence (modified)

Front 14

Assumption of Risk

Back 14

plaintiff may not recover damages if they knowingly placed themselves in danger

Front 15

Why has contributory negligence been abolished in most states?

Back 15

due to it's harshness

Front 16

Contributory Negligence

Back 16

if the action of the plaintiff was a contributing factor in the accident the plaintiff cannot recover losses from the defendent

Front 17

Last Clear Chance Doctrine

Back 17

permits parties to recover damages who normally could not because of contributory negligence when the plaintiff is placed in the defendants path, thus the defendant had the "last clear chance" to avoid the injury

Front 18

What are possible locations for the interview?

Back 18

-office
-scene of the accident
-personal visit

Front 19

Why is it important to get approval for an outside/personal interview?

Back 19

-cost
-heightens safety concerns
-exposes interviewer to accusations of misconduct

Front 20

For personal injury cases: what items should the client bring to the interview?

Back 20

medical bills, dates of treatment, accident reports, names-addresses-phone numbers, diagram of the accident

Front 21

for contract cases: what items should the client bring to the interview?

Back 21

dates of the contract, time place and nature of negotiations preceding the contract, contact info of those at the negotiation/oral agreement, points of conflict and how they were resolved.

Front 22

When scheduling an interviewer what should you try to keep in mind?

Back 22

Keep some flexibility in the interviews length

Front 23

When should the interview be scheduled?

Back 23

ASAP

Front 24

Why is it important to schedule the interview as soon as possible?

Back 24

-case filing deadlines
-establish a relationship w/ client
-exclude other firms
-project sincere interest

Front 25

What MUST you remember when answering client questions?

Back 25

Paralegals cannot give legal advice

Front 26

What should you always run on potential or newly accepted clients?

Back 26

A conflict of interest check

Front 27

Leading Question

Back 27

a question phrased in such a manner as to suggest the desired answer.

ex. you were X, weren't you?

Front 28

Can a paralegal negotiate or set legal fees?

Back 28

No

Front 29

What are 2 typical fee agreements?

Back 29

-Hourly rate
-Contingent Fee (% of award)

Front 30

for hourly billing: what's important to explain to the client?

Back 30

explain how the hourly rate is broken down.

i.e. 1/4 hr or 1/6 hr or 1/10 hr

Front 31

Contingent Fee

Back 31

a legal fee for representation based on a percentage of the award won by the plaintiff and allowing for no fee if the plaintiff does not win.

Front 32

What is important to be careful of on a law office website

Back 32

not to unintentional create a 'relationship' via the website

Front 33

What signed documents are important for investigative work?

Back 33

authorizations signed by the client permitting those holding confidential information to release it to the firm

Front 34

What is special about medical records?

Back 34

They are protected by HIPPA so authorization forms need to meet Federal regulations.

Front 35

What is the psychologist recommended technique for defusing angry clients?

Back 35

'pace and lead'

Front 36

Statute of Limitations

Back 36

law stating the time limit in which an action must be filed

Front 37

When filing an action based on Federal laws with unspecified statutes of limitations what must be checked?

Back 37

Federal courts must look to parallel limits in the law of the state in which they are located

Front 38

What is the uniform statute of limitations for Federal laws without specified statute of limitations enacted after DEC 30 1990?

Back 38

4 yr limit

Front 39

When does the statute of limitations start?

Back 39

when the symptoms were first noticeable, or when a reasonable person should have noticed the symptoms or problem

Front 40

What are the rare reasons for an extension of the statute of limitations?

Back 40

out of state vacation?
defendants misleading/false statements caused a delay