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30 Cards in this Set
- Front
- Back
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What are some of the ways Lawyers are paid?
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1.Hrly (corporate suit,long term cases)
2.Contigency (%of settlement) 3.Flat fee (fixed amount) 4.Retainer (prepaid amount to secure services by lawyer) |
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What are the 5 sources of Law in order?
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1.Constitution
2.Statues/Statutory Law 3.Common Law 4.Administrative Law 5.Treaties |
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What kind of case can be heard in a Federal Court?
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1.Civil action under Constitution
2. Military case 3. Civil case exceeding $75,000 4. Federal question 5. Question of Diversity 6. Criminal cases |
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Only questions of "Law" are appealable? T or F?
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True
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What kind of cases are heard under "Limited Jurisdiction?"
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1.Divorce case
2.Probate 3.Bankruptcy 4.Injuction 5.Chancery 6.other than "just money" |
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What kind of cases are heard under "General Jurisdiction?"
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1. Monetary
2. Torts (civil wrong) 3. Breach of contract 4. Puts the party back in original state of agreement. |
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A Court have's no "jurisdiction" over someone until that person is served w/ a "Process." T or F?
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True
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This is issued to a defendent by a court sheriff & explains to defendent what to do/go where and when?
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A Summons
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This is when the plaintiff alleges a "cause of action." It is the initial pleading/asks to be remedied by the court for the wrong doing against him/her.
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A Complaint
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Who decided the "questions of facts" in a trial court?
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The Jury
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If no jury is present, who then decides the "questions of Fact?"
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The Judge/Court
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What is the "burden of proof" in a criminal matter?
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"Must be proven guilty beyond a reasonable doubt"
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What is the "burden of proof" in a civil case?
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By a "Preponderance" of the evidence- which "means more likely than not."
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Who brings a criminal case against the defendent?
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The States Attorney
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What is involved in a "Discovery" of a case?
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1.Interrogatories(written questions to other party)
2.Depositions(oral/written questions) 3.Req. for documents/materials 4.Req. for "physical/Mental Exam. 5. Req. for "Admission" |
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What does Client-Attorney Privelages mean?
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-No gossiping about case
-Respecting the "confidentiality" of the parties involved |
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What are the 2 major reasons for the "constitutional law?"
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1. Protect the citizens from the government.
2. The formation of the 3 branches of government. |
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This means when a penal law operates retroactively(in the past) Ex. a person can be charged w/a crime for an action that was not a crime at the time it took place.
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"ex post facto law"
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A Paralegal should not engage in any ex parte communications about courts or to attempt influence/advantage for the benefit of only one party? T or F?
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True
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Paralegal shall never talk to other lawyer's clients and no communication w/a Judge without other party being present? T or F?
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True
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A Paralegal shall support "bona fide" (min 24 hrs per yr)or Volunteer wk to meet the need for legal services for those who unable to pay? T or F?
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True
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A Paralegal shall not engage in any "indiscreet" communications concerning clients? T or F?
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True
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A Paralegal's Title shall be fully disclosed to court,court clerk, clients and lawyers? T or F?
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True
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A Paralegal shall never engage in a "unathorized practice of law." May advice friends/family to talk to a lawyer? T or F?
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True
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This is the delivery of a Summons,writ,complaint or other process to the opposite/person entitled to receive it in a manner the law describes?
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service of process
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This is the concern of which court within a system should be the "place" where jurisdiction is exercised?
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venue
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One side of the lawsuit giving a list of facts to the other and request that they be admitted or denied, those admitted need not be proved at trial?
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request of admissions
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What do the first 3 Articles of the U.S. Constitution stand for?
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Article 1: Legislative-make laws
Article 2: Executive-enforeces laws Article 3: Judicial-Interpret Laws |
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This latin word stands for "the thing has been judged/decide." Prevents a civil case from being brought a second time?
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"res judicata"
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This refers to pretrial devices for obtaining info relevant to the suit?
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Discovery
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