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Chapter OneThe Paralegal Professional
True/False Questions
1. Generally, the terms paralegal and legal assistant are interchangeable. (T)
2. The principal function of paralegals and legal assistants is helping their attorney
supervisors prepare for hearings, trials, and other events, such as closings. (T)
3. The American Bar Association has expressed no opinions or viewpoints on legal

assistants. (F)
4. The Department of Labor predicts strong growth for the paralegal occupation through the
year 2010. (T)
5. The NFPA and NALA are two, prominent, national paralegal organizations. (T)
6. Paralegal and legal assistant education programs must be ABA approved. (F)
7. The American Association for Paralegal Education believes that academically qualified
paralegals are those with bachelors degree in legal studies. (F)
8. As it concerns educational requirements, the U.S. Attorneys Office requires that

appropriate candidates for paralegal positions have a paralegal certificate. (F)
9. Paralegals who are members of either the NFPA or NALA may seek to earn certification
titles (T)
10. Paralegals and legal assistants with certifications must maintain a schedule of continuing
education credits. (F)
Multiple Choice Questions
1. The following organization is one that has no connection to paralegals and legal
assistants:
A) The NFPA.
B)* The NBA.
C) The NALA.
D) The AAfPE.
2. All of the following qualification-options are generally included in a paralegal or legal

assistant definition except:
A) Education.
B) Training.
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C)* Personal Experience.
D) Work Experience.
3. Paralegals and legal assistants work in the following settings:

A) Law firms.
B) Corporations.
C) Government Agencies.
D)* All of the above.
4. According to the 2000 Occupational Outlook Handbook, the highest, median annual
paralegal salary was for those who worked for:
A)* Federal government.
B) Local government.
C) Legal services.
D) State government.
5. According to a 1998 ABA survey on the use of legal assistants:

A) Lawyers in larger law firms gave greater responsibilities to their legal assistants.
B)* Lawyers in smaller law firms gave greater responsibilities to their legal assistants.
C) Lawyers in corporate law departments gave greater responsibilities to their legal
assistants.
D) Lawyers in government agencies gave greater responsibilities to their legal
assistants.
6. According to the Occupational Outlook Handbook, from 1998-2008 the largest projected
increase in jobs requiring a certain level of education will be those jobs requiring a(n):
A)* Associate degree.
B) Bachelors degree.
C) Masters degree.
D) Doctoral degree.
7. All of the following are stated goals of the American Bar Association except:
A) To promote improvement of the American system of justice.
B) To achieve the highest standards of professionalism, competence, and ethical
conduct.
C)* To promote the use of legal assistants throughout the delivery of legal services.
D) To preserve the independence of the legal profession and the judiciary as
fundamental to a free society.
8. Paralegal or legal assistant programs that want to be ABA approved must have at least the
following number of semester hours, which includes general education and legal
specialty courses:
A) 18.
B) 45.
C)* 60.
D) 90.
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9. The NFPAs certification exam is known as:
A)* PACE.
B) PRO.
C) CERT.
D) CASH.
10. Those who pass the NALA national certification exam are given the following title:
A) ABC.
B) LAC.
C) NALAC.
D)* CLA.
Essay Questions
1. Why are paralegals and legal assistants considered valuable to the legal system?
It is certainly no surprise to realize that lawyers are quite expensive, yet also quite
necessary. Many people either cant afford the services of a lawyer, or believe they
cant. But, the use of paralegals and legal assistants has provided a win-win solution to
the problem of the cost of legal services. Since the late 1960s, paralegals and legal
assistants have been formally recognized as a distinct part of the legal team, separate
from secretaries or other clerical personnel. And as the paralegal occupation has
grown, its statusand occupational requirementshas increased. Paralegals and legal
assistants, by virtue of their definition, engage in substantive legal work, the kind of work
that lawyers do (with certain limitations and prohibitions). Because paralegals may
engage in real legal work, provided they are appropriately supervised, the lawyers for
whom they work are able to engage in other legal work. This allows the law firm to
increase its revenue. However, clients will receive a smaller bill when legal assistants
are used effectively because the work of legal assistants is billed at a lesser rate than that
of lawyers. Therefore, the use of paralegals and legal assistants allows more members of
society to be able to afford legal services, while at the same time allows employing
lawyers at private law firms to increase their earnings.
2. Why is paralegal education an important component to being a paralegal or legal

assistant, when having a paralegal education is almost never a prerequisite to being
employed as a paralegal or legal assistant?
Nothing requires a paralegal or legal assistant to have a certain level of education, with
the exception of California, which has educational prerequisites in its recent statutes on
paralegals. However, even Californias statutes allow one to qualify as a paralegal
without having any education beyond a high school diploma or GED, at least until 2004.
Generally, one is a paralegal or legal assistant by virtue of being employed as one,
which means doing substantive legal work. As to qualifications, most definitions of a
paralegal or legal assistant describe a paralegal as one qualified by education,
training, or work experience. That doesnt mean that one should avoid a paralegal
education. Increasingly, legal employers are looking for employees who have a post-
high school education; in fact, the U.S. Attorneys Office wont hire a paralegal who
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lacks a bachelors degree. Practically speaking, new paralegals need to have some form
of legal education, be it a certificate, an associate degree, a bachelors degree, or some
combination of the aforementioned. Furthermore, college-level, legal education
programs didnt exist at the advent of paralegalism, which is not the case any longer.
Now, those wanting to work in the legal profession can give themselves a great boost by
obtaining a legal education, since there is so much to learn about the legal system, as
well as substantive and procedural legal subjects and legal research and writing.
Furthermore, having a paralegal degree will benefit those who want to seek certifications
from the national paralegal organizations. And, the reputation of paralegals and legal
assistants will continue to improve among lawyers and the public as more paralegals and
legal assistants are formally educated for their careers.
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Chapter 2Ethics, Regulation, and Professional Responsibility
1. The practice of law is regulated at a national level. (F)
2. Certified paralegals and legal assistants are allowed to give legal advice. (F)
3. The ABA believes there is no need to license paralegals. (T)
4. No state licenses paralegals and legal assistants. (T)
5. Some federal agencies, such as the Social Security Administration, allow nonlawyers,
including paralegals, to represent others. (T)
6. Rather than adopting ethics rules coming from the ABA, most jurisdictions create their
own ethics rules. (F)
7. Paralegals and legal assistants who are members of either NALA or NFPA and violate
those organizations rules of conduct will lose their ability to work as paralegals and legal
assistants. (F)
8. Conflicts of interest stem from the problem of divided loyalty. (T)
9. An ethical wall is a phrase that describes how a paralegal must separate his or her
personal opinions about the client from professional obligations. (F)
10. The attorney-client privilege applies to paralegals. (T)
1. The following activities would be considered the unauthorized practice of law when done
by paralegals or legal assistants:
A) Helping a client determine which type of power of attorney is the right one.
B) Telling a client what statute applies to their situation.
C)* Both of the above.
D) None of the above.
2. The following states supreme court came very close to approving the licensing of its
states paralegals and legal assistants:
A) New England.
B)* New Jersey.
C) New Mexico.
D) New York.
3. Which federal agency allows paralegals to represent others before it, without
supervision?
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A) None.
B) Immigration and Naturalization Service.
C) Internal Revenue Service.
D)* Social Security Administration.
4. The most important set of ethics rules that a paralegal needs to know is:
A)* Whatever set has been adopted by the jurisdiction where the paralegal works.
B) The ABA Model Rules of Professional Conduct.
C) The NFPA Code of Ethics and Professional Responsibility.
D) The NALA Code of Ethics and Professional Responsibility.
5. The following statement about the relationship between lawyer ethics rules and legal
assistants is true:
A)* Legal assistants are bound to follow lawyer rules of conduct since legal assistants
work for lawyers, who are bound to follow those rules.
B) Legal assistants are bound to follow only those rules that directly mention legal
assistants.
C) Legal assistants are bound to follow the ABA Model Guidelines on the Utilization
of Legal Assistant Services.
D) Legal assistants are not bound to follow any set of lawyer ethics rules.
6. If a lawyer represents both the husband and wife who are seeking a divorce, that
representation would implicate the:
A) Playing with fire rule.
B) Ethical wall doctrine.
C)* Conflict of Interest rule.
D) Work Product Doctrine.
7. An ethical wall is needed to:

A) Isolate an attorney or paralegal from other members of the firm in order to protect
the interests of that attorney or paralegals former clients.
B) Protect against a breach of confidentiality.
C) None of the above.
D)* Both of the above.
8. The attorney-client privilege is founded upon the doctrine of:

A) Fair billing practices.
B)* Open communication.
C) Fair advertising practices.
D) Conflicts of interest.
9. The most important ethical consideration for those who work as freelance paralegals is to
watch out for:
A) Over billing.
B) Inappropriate solicitation of business.
C)* Conflicts of interest.
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D) Lack of certification.
10. In order for the work product doctrine to apply, the written materials must:
A) Have been prepared by an attorney.
B)* Have been prepared in preparation for trial.
C) Be admissible as evidence at trial.
D) Be admissions of liability.
Essay Questions
1. Why could it be said that it is more difficult for paralegals and legal assistants to
understand their ethical duties than it is for lawyers?
For lawyers, there is no misunderstanding about what rules of ethics need to be obeyed,
since lawyers are obligated to follow the rules of ethics that are in operation in the
jurisdiction where those lawyers are licensed. Law licensure is jurisdiction-specific, not
national. So, even though the ABA has rules of ethics in place, those rules have no direct
effect on lawyer conduct, although the set of ABA rules that have been adopted in the
lawyers jurisdiction apply. Paralegals and legal assistants arent licensed, as lawyers
are, but paralegals and legal assistants still need to follow rules of ethics. However,
there is no national, uniform set of paralegal ethics; there are paralegal rules, or
guidelines, created by the ABA, the NFPA, and the NALA. Which one needs to be
followed? The answer could be, none of them, because paralegals are required to
behave with the same professional obligations of the lawyers for whom they work.
Because paralegals are regulated through their supervising attorneys, who are
responsible for the professional missteps of their nonlawyer employees, then paralegals
need to know the attorney rules of ethics of the jurisdiction in where they work. Beyond
that, many jurisdictions have adopted paralegal or legal assistant guidelines, but these
apply to lawyers who use paralegals, and not directly to paralegals. Furthermore, those
legal assistants that belong to a national legal assistant organization will need to follow
the ethics codes that are operative on the member. This can get quite confusing.
2. What is the general rule on a conflict of interest, and give an example of a clear
conflict of interest.
The general rule on conflict of interest (ABA Model Rule 1.7) cautions a lawyer against
representing a client if the representation of that client will be directly adverse to another
client, unless the lawyer reasonably believes the representation, will not adversely affect
the relationship with the other client; and each client consents after consultation. This
rule is designed to protect a lawyer against divided loyaltyfavoring one client over
another, particularly when those clients interests are in opposition to each other.
Independent, objective judgment is required of lawyers, and the risk of impaired
judgment is at the heart of conflicts of interest rules.
An example of a clear conflict of interest would be if a lawyer were asked to represent a

plaintiff and a defendant against each other in the same lawsuit. There is no way the
lawyer could adequately represent one clients interests, while at the same time
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adequately represent the other clients interests, and if the lawyer were to do so, the
lawyer would be disciplined.
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Chapter 3Careers in the Paralegal Profession
1. A recent survey of legal assistant pay shows that for intermediate and senior level legal
assistants, the Pacific southwest states had the highest rate of pay. (T)
2. According to the U.S. Department of Labor, paralegals are exempt from overtime pay
requirements. (F)
3. Resumes need to be reviewed and updated periodically. (T)
4. Paralegals who work in solo practitioners offices are likely to have more client contact,
and a wider variety of tasks. (T)
5. Legal assistants who work in large law firms are likely to have more client contact, and a
wider variety of tasks. (F)
6. The general practice lawyer handles a wide range of cases. (T)
7. According to the ABA, a legal nurse consultant is not part of the paralegal profession. (F)
8. According to a survey by The Affiliates, a legal personnel staffing company,

intellectual property was thought to be the fastest growth area of the law. (T)
9. Corporations usually do not hire paralegals or legal assistants because of the tradition of
always staffing a corporate law department with lawyers. (F)
10. All states allow for paralegals to be screened when a possible conflict of interest arises
due to a prior conflict client because the ABA is in favor of paralegal screening. (F)
1. If a paralegal were to qualify as exempt under the federal overtime pay requirements,
then the paralegal would be exempt under one of the following exemptions except:
A) The executive exemption.
B) The professional exemption.
C)* The legal exemption.
D) The administrative exemption.
2. All of the following are important tools in job searches except:

A) An electronic resume.
B) A portfolio.
C) A set of transcripts.
D)* They are all important tools in job searches.
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3. As evidenced by the sample in the text, a paralegal resume should be:
A)* One page.
B) Two pages.
C) Three pages.
D) Four pages.
4. During a job interview, a paralegal should:

A) Never ask questions to the interviewer because it is too forward.
B)* Ask questions to the interviewer because it shows preparation.
C) Dress in a way that makes you the most comfortable, so that you are able to
do your best.
D) B and C.
5. In midsized to larger law firms, the one who has the most executive power is:
A) The senior partner.
B) The rainmaker.
C) The litigation department head.
D)* The managing partner.
6. The organization that is dedicated to meeting the needs of those who manage legal
assistants is:
A)* The LAMA.
B) The NFPA.
C) The NALA.
D) The NFLA.
7. The term that describes the establishment of contacts or relationships for professional
purposes is known as:
A) Schmoozing.
B)* Networking.
C) Smorgasbording.
D) Profiling.
8. Pro bono paralegals are those who:

A) Think U2 is the best rock band in the world.
B) Engage in legal work that is in favor of political change.
C)* Engage in legal work without compensation, or with reduced rates.
9. Two of the main administrative functions are:

A)* Timekeeping and conflict checking.
B) Timekeeping and legal research.
C) Conflict checking networking.
D) Legal research and discovery.
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10. As some courts have found, in order for a paralegal or legal assistants work to be billed
as a separate part of the attorneys fee:
A) The paralegals supervising attorney must request ahead of time that the
paralegals work be specifically reimbursed.
B)* The paralegals work must be of the type the attorney would normally do.
C) The attorney must sign an affidavit stating the paralegal is qualified to do the
work.
D) The paralegal must sign an affidavit stating the attorney supervised the work.
Essay Questions
1. Why is it a good idea for a paralegal or legal assistant to create a portfolio?

A portfolio is purposeful collection of student work that is accumulated over time, and
the material reflected in it reveals the extent of student learning, achievement, and
development. A portfolio should include things like a resume, college transcripts, legal
research and writing projects, other work done in nonlegal classes, and a personal
values statement, all of which are designed to be representative of the students
professional development. It should be well organized, not too cumbersome, and with a
table of contents. Not only is a portfolio a great way for a paralegal student to keep
track of his or her knowledge base and skills, it can be quite helpful when searching for
jobs. Ideally, they should bring the portfolio with them to an interview and then tactfully
make reference to it during the interview, so the interviewer is given a chance to examine
its contents. A well maintained and professional looking portfolio will show prospective
employers not only the skills and grades of the interviewee, but it will also put the
interviewer in a professional light from the outset.
2. What are the advantages and disadvantages of being a paralegal in a large law
firm?
Paralegals and legal assistants who work in large law firms will, as a general rule, earn
more money than paralegals and legal assistants who work in smaller law firms. In
addition to paying a higher salary, large law firms are also likely to pay bonuses to their
paralegals. Prestige might be higher for those who work in such law firms, since those
law firms are in the more metropolitan areas of the country, and usually in the best
professional offices in the city. Also, if the staff is large enough, some paralegals might
be given supervisory roles over other paralegals or nonlawyer employees. And, certain
paralegals in large firms might be doing traveling as part of their job, or working with
international clients. But, large law firms do have disadvantages. Because of the
organization and structure of large law firms, the range of work for those paralegals is
likely to be more narrow: medical malpractice paralegals only doing med-mal work;
securities paralegals only working with securities forms or doing treasury regulation
research. Paralegals in smaller firms, or solo practitioner offices are more likely to have
a diverse work day, and are likely to have more client contact than their large firm
counterparts. And, the game of office politics is played more often and more viciously in
large firms because of some of the listed plums of larger firms: higher pay and prestige.
And when attorneys of large law firms get the short end of the proverbial stick, the
repercussions are going to affect those lawyers paralegals.
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Chapter 4Paralegal Workplace Skills
1. Paralegals can engage in client interviews. (T)
2. Paralegals need to be careful when conducting interviews for the lawyer, in preparation
for trial, since those interviews are not covered by the attorney-client privilege. (F)
3. The types of legal specialties in which paralegals can work include environmental law,
immigration law, and intellectual property. (T)
4. Analytical skills are problem-solving skills. (T)
5. Poor grammar or spelling is not that important when sending emails to other
professionals. (F)
6. It is a good idea to tailor ones communication to the gender of the audience, because
men and women are likely to have some cultural background differences. (T)
7. According to the material presented in the text, those with Latino backgrounds tend to
have a fatalistic view of the world. (T)
8. According to the material presented in the text, those from Asian cultures prefer those
who are direct and to the point. (F)
9. According to the material presented in the text, those from African cultures tend to have a
holistic worldview. (T)
10. According to the material presented in the text, if you are of European-American
appearance, receivers of communication may be concerned that you will take advantage
of them or hold them back. (T)
1. When interviewing clients, paralegals and legal assistants need to be especially careful
about the ethical problem of:
A) Bad breath.
B) Poor posture.
C)* The unauthorized practice of law.
D) Illegal solicitation.
2. A judges administrative assistant is also known as the:

A)* Clerk.
B) Bailiff.
C) Stenographer.
D) Court reporter.
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3. All of the following are online legal research services except:
A) Loislaw.
B) Westlaw.
C) Lexis.
D)* Readlaw.
4. Those legal assistants who work in family law practices can do the following:
A)* Draft prenuptial agreements.
B) Settle custody disputes.
C) Execute wills.
D) Issue protection from abuse orders.
5. Those legal assistants who work in litigation practices can do the following:
A) Prepare written interrogatories.
B) Attend trial and assist in the handling of witnesses, exhibits, and evidence.
6. Commitment means:
A) Being good at what you do.
B)* Being diligent at what youre doing.
C) Being proud of what you do.
D) Being put away for what youve done.
7. According to the text, all of the following are likely cultural differences between men and
women except:
A) A man will not express his true feelings through facial expression.
B) A woman will take conflict personally.
C)* A man will hear your literal words and understand the underlying emotion.
D) A womans communication style will be indirect, except with other women of
equal rank.
8. According to the text, if you are of European-American appearance, receivers of

communication may be concerned that you will:
A) Reject their opinions.
B) Take advantage of them or hold them back.
C) Consider them different in a negative way.
9. According to the text, the Latino-American population:

A)* Has come close to being the largest minority group in the United States.
B) Speak the same language: Spanish.
C) Has been declining in population.
D) Distrust lawyers, but respect paralegals.
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10. According to the text, some of the core beliefs held by those with roots in the African
culture include:
A)* A holistic worldview.
B) A fatalistic worldview.
C) A sense of loyalty to the family.
D) A belief that directness is rude.
Essay Questions
1. Describe some of the tasks that are part of a typical paralegals workload.
A paralegals day at work can involve a myriad of different tasks, but there are some job
tasks that are more common than others. Included in those are client interviews,
investigations, legal writing, and legal research. Paralegals may engage in initial client
interviews, and other fact-gathering interviews with the firms clients. When conducting
client interviews, paralegals need to be aware of the importance of building rapport with
the interviewees, and also need to remember not to give legal advice or do anything else
that could be construed as the unauthorized practice of law. Paralegals may help with
the investigation process that takes place for pending cases. Preparing for settlement
discussions or trial requires the marshalling of facts that support the clients objectives,
and paralegals can work with their attorneys and clients in the discovery process, such
as helping to draft interrogatories or reviewing medical records. Legal writing is an
important task that paralegals should be able to do. These documents would include
correspondence to clients and attorneys, and legal memoranda. Paralegals may also
draft pleadings and motions, but they may not sign them because those court documents
must be signed by the attorney of record. And, paralegals should be capable of
conducting legal research, both in traditional, law library methods, and in electronic
legal research methods. Understanding how to navigate through the maze of regional
case reporters, digests, annotated codes, administrative regulations, and citator services
will distinguish the skilled paralegal.
2. Describe some of the skills that are important for an effective legal assistant to have.
Because legal assistants work with and for lawyers, good legal assistants need to possess
the same types of skill that their attorney-counterparts possess, including
resourcefulness, commitment, analytical skills, and interpersonal skills. Resourcefulness
is the ability to solve problems, particularly when others would rather give up. Strong
legal assistants are diligent and keep looking for open windows when the doors to
progress are locked. Commitment is also an important skill. Commitment involves
following through to the end, and starting well isnt as important as finishing well. Legal
assistants need to be dependable. Strong analytical skills are critical for legal assistants.
In fact, law schools expressly train their students to think like a lawyer. Likewise,
legal assistants need to sharpen their legal analysis skills, which largely involves
comparing and contrasting facts and applying them to the correct legal principles or law.
Interpersonal skills are extremely important for legal assistants. Knowing how to read
nonverbal cues, build rapport, and work as a part of a team will help the firm succeed,
which will help promote job security. Clients want to feel that their legal team cares
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about them, and legal assistants with strong interpersonal skills will help clients reach
that conclusion.
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Chapter 5The Constitution and Sources of American Law
1. Blacks Law Dictionary defines law as that which must be obeyed. (T)
2. Approximately 50% of all lawsuits are settled prior to trial. (F)
3. One of the disadvantages of American law is its lack of flexibility. (F)
4. Common law was developed by judges in England. (T)
5. The U. S. Constitution is equal in status to federal statutes. (F)
6. Ordinances are created by local government. (T)
7. Trial courts make precedent. (F)
8. Federalism means that federal powers are superior to state powers. (T)
9. The federal government may only regulate interstate commerce that crosses state borders.
(F)
10. States are free to define what constitutes obscene speech. (T)
1. All of the following are primary functions served by U.S. law except:
A) Keeping the peace.
B) Shaping moral standards.
C)* Promoting economic equality.
D) Maximizing individual freedom.
2. All of the following are constitutionally created branches of government except:

A)* Administrative branch.
B) Executive branch.
C) Judicial branch.
D) Legislative branch.
3. Stare Decisis is:

A)* The doctrine on which our common law system is based.
B) The phrase that is used in the Constitution to describe legislative authority.
C) The method of resolving disagreement between the federal branches of
government.
D) Inappropriate, because staring is rude.
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4. The U.S. Constitution serves which two major functions:
A) It creates the federal judiciary and the manner of electing the president.
B) It creates the manner of electing the president and protects individual rights.
C)* It protects individual rights and creates the three branches of the federal
government.
D) It creates the three branches of government and establishes the method of
legislative authority.
5. The doctrine of separation of powers:

A) Requires the U.S. Supreme Court to take cases from the state courts.
B) Requires the federal government to remain separate from the state governments.
C) Divides the U.S. Congress into a House of Representatives and a Senate.
D)* Divides the federal government into three branches.
6. The supremacy clause:

A)* Makes federal law superior to state law when there is a conflict between them.
B) Makes state law superior to federal law when there is a conflict between them.
C) Makes the judiciary superior to the other branches of government.
D) Makes the executive branch of government superior to the legislative branch.
7. The Bill of Rights consists of:

A) The Magna Carta.
B)* The first 10 amendments of the Constitution.
C) The Due Process Clause and the Equal Protection Clause.
D) Articles I-III of the Constitution.
8. The following type of speech is generally considered unprotected by the First

Amendment:
A) Political protests against the government.
B) Flag burning.
C) Atheistic speech.
D)* Defamation.
9. One type of fully protected speech is:

A) Commercial speech.
B) Advertising.
C)* Political speech.
10. Courts have come to recognize the following as two categories of due process:
A) Substantive and Ethical.
B)* Substantive and Procedural.
C) Procedural and Commercial.
D) Commercial and Religious.
Essay Questions
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1. Describe some of the sources of law in the United States.
Constitutions are a foundational source of law in America. A constitution establishes a
government and grants certain rights directly to the citizens. Ultimately, the U.S.
Constitution is the preeminent source of law in the country, but state constitutions are
also very important. Statutes are also a source of law. Legislatures have the primary
duty to make law in our representative democracy, and that law making is carried out by
proposing and enacting legislation, known as statutes. Local ordinances can be thought
of as like statutesin fact they are both known as codified law. Administrative agencies
are a source of law, because the statutes that create the agencies give the agencies the
authority to draft rules and regulations. An agency makes law that regulates the conduct
of the parties whose conduct comes under the jurisdiction of that agency, such as the IRS
that regulates the conduct of taxpayers. Chief executives, such as the President and state
governors, may issue executive orders, and those orders have the effect of law. For
instance, President Bush issued an executive order in October 2001 that established the
Office of Homeland Security as part of the Executive Office of the President. And,
appellate courts are a source of law, since they issue judicial decisions that serve as
precedent in our common law system.
2. Explain the categories of protected speech under the Constitution.

The First Amendment guarantees freedom of speech; however, not all speech is as free as
other speech. The most protected form of speech, that which the government may not
prohibit or regulate, is political and religious speech. If the government were to create a
law that prohibited criticism of Congress, for instance, that would be unconstitutional.
Then there is limited protected speech. This type of speech, which includes business or
commercial speech, can be regulated by the government. Advertising is a type of
commercial speech, and the U.S. Supreme Court has ruled that commercial speech may
be regulated, including restrictions on the time and place of commercial speech. Finally,
there is unprotected speech. Unprotected speech is not protected by the First Amendment
and may be forbidden by government. Some examples of commercial speech include
child pornography, obscenity, defamation, and dangerous speech (such as falsely yelling
fire in a crowded theatre).
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Chapter 6Judicial and Alternative Dispute Resolution
1. A court of record is also known as a general-jurisdiction trial court. (T)
2. A typical state court system has two levels of appellate courts. (T)
3. Federal judges, once elected, serve for life. (F)
4. There are 11 circuits in the federal court system. (F)
5. The Court of Appeals for the Federal Circuit is located in Washington, D.C., and it hears
appeals involving such cases as patent law, and claims against the federal government. (T)
6. If the U.S. Supreme Court decides to a request for an appeal, it will grant a petition for
certiorari. (F)
7. If a justice disagrees with the decision in a case, the justice can write a concurring
opinion. (F)
8. State and federal courts have concurrent jurisdiction in cases that involve federal
questions, and those in which there is diversity of citizenship. (T)
9. A court must have both subject matter jurisdiction and personal jurisdiction in order to be
able to hear and decide a case. (T)
10. Mediation is an ADR method that involves a disinterested third party hears each sides
position and then decides the outcome for the parties, thereby saving the costs of a trial.
(F)
1. An example of a limited-jurisdiction trial court is:

A) Juvenile court.
B) Probate court.
2. All of the following courts make precedent except:

A) Intermediate appellate courts.
B)* General-jurisdiction trial courts.
C) Circuit courts of appeals.
D) State supreme courts.
3. U.S. district courts, circuit courts of appeals, and special federal courts are created by:
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A)* Federal legislation.
B) Presidential executive orders.
C) U.S. Supreme Court decisions.
D) The U.S. Constitution.
4. How many justices are on the U.S. Supreme Court?

A) 7.
B) 8.
C)* 9.
D) 10.
.
5. When a justice in the minority writes an opinion that shows his or her opposition to the
majoritys decision, the opinion is known as a:
A) Plurality opinion.
B) Concurring opinion.
C) Majority opinion.
D)* Dissenting opinion.
6. Standing to sue means:

A)* The plaintiff has some stake in the outcome of the lawsuit.
B) The defendant must have some stake in the outcome of the lawsuit.
C) The court must have some stake in the outcome of the lawsuit.
D) The plaintiff, defendant, and court must have some stake in the outcome of the
lawsuit.
7. That which usually allows a court to have jurisdiction over persons and businesses
located in another state is commonly known as:
A) Venue.
B)* A long-arm statute.
C) Personal jurisdiction.
D) Service of process.
8. All of the following are forms of alternative dispute resolution except:

A) Arbitration.
B) Mediation.
C) Minitrials.
D)* Litigation.
9. The ADR process whereby a neutral third-party hears the merits of and decides a legal
dispute is known as:
A)* Arbitration.
B) Conciliation.
C) Facilitation.
D) Mediation.
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10. The ADR process whereby a neutral third-party oversees a bargaining process between
opposing parties, helping them identify issues of agreement that might lead to settlement,
but does not decide the outcome is known as:
A) Arbitration.
B) Conciliation.
C) Facilitation.
D)* Mediation.
Essay Questions
1. Explain the structure of the federal court system.

The U.S. Constitution creates only one court: the U.S. Supreme Court. All other federal
courts are created by acts of Congress. The structure of the federal court system is much
like that of the state court systems, having a variety of trial-level courts and appellate
courts. There are specialized federal courts that hear only certain types of cases, and
those include the U.S. Tax Court, the U.S. Court of International Trade, and U.S.
Bankruptcy Courts. Then there are 96, limited jurisdiction, federal trial courts, known as
U.S. District Courts. These courts hear criminal and civil cases. There are two ways to
getting a case into U.S. District Court: having a case that involves a question of federal
law; and having a case that involves diversity of jurisdiction, which means a case in
which the plaintiff and the defendant are from different jurisdictions. The federal system
is divided into 13 circuits, 12 of which are geographical and 1 of which involves claims
against the federal government, and each circuit has its own appellate court. For
instance, appeals from U. S. District Courts located in Indiana take place in the 7th
Circuit Court of Appeals, since those District Courts are part of the 7th Circuit. Circuit
Courts of Appeals decisions are binding on that Circuit. Above the Circuit Courts of
Appeals is the U.S. Supreme Court, whose authority is final everywhere in America,
including the states.
2. Compare and contrast arbitration and mediation

Arbitration and mediation are both popular forms of Alternative Dispute Resolution
(ADR), designed to allow litigants or soon-to-be litigants to resolve their disputes in a
less costly and more timely manner. Both forms of ADR have their own sets of rules in
most jurisdictions, and both forms involve having a neutral, third party get directly
involved in the resolution process, as opposed to negotiation, which is a two-party
process. But, there are differences between arbitration and mediation. The strongest
difference between arbitration and mediation is that in arbitration, the third party (the
arbitrator) actually decides the outcome for the parties, while in mediation, the third
party (the mediator) never decides the outcome for the parties. Arbitration has
similarities to a trial in that evidence and testimony may be introduced at the hearing.
However, the rules of evidence are less strict at arbitration hearings. But, like a bench
trial in which the judge renders a verdict, the arbitrator makes the decision and award.
Although arbitration decisions can be appealed, very often contracts that call for
arbitration make the arbitrators decision final. And when arbitration decisions are
appealed, they are hard to overturn since legislation and court decisions give great
deference to the arbitrators decision. Mediation is an ADR form of settlement
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negotiations in which the mediator makes no substantive decisions for the parties; the
parties decide if they want to settle and under what conditions. The mediators job is to
control the mediation process, which includes establishing the mediation schedule,
meeting with the parties (both jointly and privately) at the mediation, conveying
information between the parties, and attempting to help the parties find ways to reach an
agreement or settlement. If the parties cant reach a settlement, the mediator does not
make one for them. However, if a settlement is reached, the mediator can help the parties
with the language in the settlement agreement.
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Chapter 7Administrative Law and Government Regulation
1. Administrative rules and regulations enforce and interpret statutory law. (T)
2. All federal agencies are part of the executive branch of government. (F)
3. Agencies only have the powers that are delegated to them by the legislative or executive
branches of government. (T)
4. Federal agencies may not make their own substantive rules because only legislatures have
the power to make substantive law. (F)
5. Part of the process of making administrative law involves giving the public an
opportunity to respond to the proposed rules. (T)
6. One of the dangers of the extent of federal administrative power is that inspections
conducted by agencies are not subject to the 4th Amendments search and seizure clause.
(F)
7. One of the powers of administrative agencies is the power to adjudicate cases, which is a
type of judicial authority. (T)
8. Administrative law judges are very much like trial court judges, but administrative law
judges may not make any decisions involving the outcome of their proceedings. (F)
9. One of the prerequisites for appealing an action of an administrative agency is that the
one seeking an appeal must first have exhausted all their administrative remedies. (T)
10. The Freedom of Information Act allows the public to have access to all documents in the
possession of federal agencies. (F)
1. Administrative agencies are created with the primary goal of:

A)* Creating a body of professionals who are experts in a specific field.
B) Alleviating the tax burden on the public.
C) Creating distinct sets of law with a unique perspective.
D) Alleviating the time constraints on the legislature.
2. The delegation doctrine means that:

A) A state agency only has the power that its counterpart federal agency has
delegated to it.
B) Employees of federal agencies only have the power that their agency supervisors
have delegated to them.
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C)* Federal and state agencies only have the power that has been delegated to them by
their authorizing legislation or executive orders.
D) A federal agency only has the power that has been delegated to it by the director
of the agency.
3. A federal agency has all of the following delegated legislative powers except:
A) Statements of Policy.
B) Substantive Rule Making.
C) Interpretive Rule Making.
D)* Adjudicate determinations.
4. When an agency conducts an inspection, the inspection is usually considered to be
reasonable under the 4th Amendment when:
A) The party voluntarily agrees to the search.
B) The business being searched is part of a hazardous industry for which statutes
authorize nonarbitrary warrantless searches.
C)* All of the above.
5. When an agency serves a complaint on someone the agency believes has violated a
statute or administrative rule, the person is called the:
A) The defendant.
B)* The respondent.
C) The complainant.
D) The appellee.
6. All of the following are conditions that must be satisfied before a petitioner can appeal an
action of an administrative agency to a reviewing court except:
A) The case must be ripe for review.
B)* The administrative law judges decision must be written.
C) The petitioner must have exhausted all administrative remedies.
D) The agencys decision must be final.
7. A court may suspend the requirement that the administrative decision be final before it
can be reviewed if:
A) The petitioner would suffer irreparable injury.
B) The petitioner would suffer economic hardship.
C)* Either of the above.
8. The law that allows the public to request access to most documents in the possession of
federal agencies is known as the:
A)* Freedom of Information Act.
B) Government in the Sunshine Act.
C) Equal Access to Justice Act.
D) Privacy Act.
9. The agency that regulates food, drugs, and cosmetics is the:
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A) FBI.
B) FTC.
C) FEC.
D)* FDA.
10. The statute that stipulates that federal administrative agencies can maintain only
information about an individual that is relevant and necessary to accomplish a legitimate
agency purpose is the:
A) Equal Access to Justice Act.
B) Government in Sunshine Act.
C) Freedom of Information Act.
D)* Privacy Act.
Essay Questions
1. Explain why there are administrative agencies, if they are not mentioned in the U.S.
Constitution.
At the time of the Constitutions drafting and ratification, administrative agencies werent
in the minds of the founding fathers. They were concerned primarily with empowering a
legislature, creating an executive branch and judicial branch, and protecting citizens
rights through the Bill of Rights. But, its possible to now think of administrative
agencies as a fourth branch of government, which isnt altogether accurate since
agencies get their power from actual branches of government. Agencies, however, have
become an integral cog in the wheel of government. They are needed to help regulate
and oversee the ever-increasing complex society in which we live. Governmental
agencies are created with the overall goal of creating a body of professionals who are
experts in a specified fieldtechnocracy, as opposed to democracy. For example, the
Federal Aviation Administration is created with the purpose of having experts in the field
of air travel design and manage the structure of Americas friendly skies. Agencies
have a wide range of powers, but all powers that an agency possesses flow from the
powers delegated to it by the branchbe it legislative or executivethat creates the
agency.
2. Explain the legislative powers of federal administrative agencies.

Administrative agencies have delegated powers, which include legislative, executive, and
judicial powers. The legislative powers of federal agencies involve rule making and
licensing. As is it concerns rule making, agencies make substantive rules and
interpretive rules. Substantive rules are quite similar to statutes: they regulate conduct
and have the force of law. Substantive rules are first proposed, then public comment is
invitedsometimes with attendant public hearings-and then if the proposed rule
becomes law, it is published in the Code of Federal Regulations. Agencies also make
interpretive rules, which explain existing statutory language, but do not establish new
laws. As such, neither public notice nor public participation is required. Agencies can
also issue statements of policy. These statements announce a proposed course of action
that an agency intends to follow in the future, but these statements do not have the force
of law. And, the legislative power of agencies includes the granting and revoking of
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licenses. For example, television and radio stations must seek, and renew, their licenses
to operate from the Federal Communications Commission.
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Chapter 8Civil Litigation
1. Civil litigation is begun by the filing of an answer. (F)
2. The burden of proof in a civil action is the preponderance of the evidence. (T)
3. If a defendant does not respond to the plaintiffs complaint and summons, a default
judgment can be issued. (T)
4. The summons is the document the defendant files when replying to the plaintiffs
complaint if the defendant has a claim against the plaintiff. (F)
5. Statute of limitations are designed to require the defendant to respond to the plaintiffs
complaint within a certain period of time. (F)
6. Discovery is a pretrial procedure. (T)
7. Interrogatories are written questions submitted by one party to a lawsuit to another party.
(T)
8. Only parties may be deposed. (F)
9. A motion for summary judgment is a pretrial motion designed to end the lawsuit before a
trial by arguing there are no material questions of fact. (T)
10. Plaintiffs always bear the burden of proof in a trial. (T)
1. The most significant difference between a civil action and a criminal action is the:
A) Courts where the types of cases are tried.
B) Statute of limitations.
C)* Burden of proof required.
D) The type of evidence admitted.
2. All of the following are the major pleadings except:

A) The complaint.
B) The cross-complaint.
C) The answer.
D)* The summons.
3. If the defendant does not answer the complaint, the result will be:
A) Summary judgment.
B) Judgment on the pleadings.
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C)* Default judgment.
D) Affirmative judgment.
4. Who should be concerned about the statute of limitations?

A) The judge.
B) The defendant.
C) The sheriff.
D)* The plaintiff.
5. All of the following are forms of discovery except:

A)* Requests for settlement.
B) Depositions.
C) Production of Documents.
D) Interrogatories.
6. A deposition is most like the following:

A) An interrogatory.
B)* Court testimony.
C) Both of the above.
7. A motion for summary judgment is:

A)* Based on the pleadings and evidence in addition to the pleadings.
B) Based on the pleadings only.
C) Filed before the answer.
D) Filed after the trial starts.
8. Who bears the burden of proof?

A)* The plaintiff.
B) The defendant.
C) The court.
D) The jury.
9. The process of choosing the members for the jury is known as:
A) Redirect examination.
B)* Voir dire.
C) Cross examination.
D) Dire voir.
10. If a court overturns the verdict of the jury that is known as a:

A) Judgment.
B) Redirected verdict.
C)* Judgment n.o.v.
D) Verdict n.o.j.
Essay Questions
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1. Explain the different types of pleadings.
Pleadings are the initial documents filed with the court that initiate and respond to a
lawsuit. The first document filed, the complaint, is the one that formally starts a lawsuit
and is filed by the plaintiff. The complaint states the jurisdiction of the court overseeing
the case, the allegations made by the plaintiff against the defendant, how the plaintiff was
injured or harmed by the defendants conduct, and states the remedy desired. Once a
copy of the complaint and a summons is served on the defendant, the defendant must file
an answer, usually within 20 days. The answer responds to the complaint by denying the
complaints allegations, or admitting (at least some of) the allegations. Additionally, the
answer can make affirmative defenses, such as claiming that the plaintiff has missed the
statute of limitations. If the defendant believes that plaintiff is at fault and wants to sue
the plaintiff, the defendant can file a cross-claim, or counter petition as it is called in
some jurisdictions. If the defendant serves a cross-claim on the plaintiff, then the
plaintiff must answer that claim by filing a reply, which can assert affirmative defenses
against the defendant.
2. Explain the different types of discovery.

Discovery is the process in litigation that follows the pleadings and is completed before
the trial, assuming there is a trial. During discovery, both parties engage in various
activities to learn facts of the case from the other party and witnesses. The primary
purposes of discovery are to narrow the focus of the case in preparation of a trial, and to
promote settlement. The types of discovery include depositions, interrogatories, requests
for production of documents, and physical and mental examinations. A deposition is the
oral testimony given, under oath, by a party or witness; it is similar to one giving
testimony at a trial. Depositions are used to preserve evidence and to impeach testimony
given by witnesses at trial. Most depositions take place at the office of one of the parties
attorneys, and are recorded by a court reporter, or it can be videotaped. Interrogatories
are written questions submitted by one party to a lawsuit to another party.
Interrogatories are designed to gather evidence, and the receiving party is required to
answer them under oath, usually with the help of an attorney of paralegal. If a
substantial portion of the lawsuit is based on information contained in documents, a
party may request the information in those documents, which is called production of
documents. If the documents sought are too large to be moved or are in permanent
storage, or if moving the documents would disrupt the ongoing business of the party who
is to produce them, the requesting party may be required to examine the documents at the
other partys premises. A party may also request a physical and mental examination of
the other party, in cases that concern the physical or mental condition of a party. For
example, if the plaintiff claims to have suffered certain head or brain injuries, the
defendant could request the plaintiff to submit to a medical examination to determine the
existence or extent of those injuries.
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Chapter 9Criminal Law and Process
1. Most states have adopted penal codes, which are the primary source of criminal law. (T)
2. If a criminal defendant cannot afford a lawyer, the defendant is appointed a public district
attorney. (F)
3. Misdemeanors are more serious offenses. (F)
4. All crimes require intent, or mens rea. (F)
5. Convictions require unanimous vote. (T)
6. An arraignment is the formal proceeding where the defendant is informed of the charges
against him or her, and is asked to enter a plea. (T)
7. When a defendant is tried without a jury, the trial is known as a bench trial. (T)
8. A burglary is committed when someone wrongfully breaks into, or without authorization

enters into, anothers property. (F)
9. Bribery is a form of a white-collar crime. (T)
10. The Fourth Amendment protects defendants against being forced to testify against
themselves. (F)
1. All of the following are categories of crime except:

A)* Torts.
B) Violations.
C) Felonies.
D) Misdemeanors.
2. The standard of proof in a criminal trial is:

A) The preponderance of the evidence.
B)* Beyond a reasonable doubt.
C) Clear and convincing evidence.
D) De novo.
3. If a grand jury believes there is sufficient evidence to hold the accused for trial, it issues
a(n):
A) Plea bargain.
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B) Arraignment.
C)* Indictment.
D) Guilty verdict.
4. Wrongfully taking someone elses property by force or threat of force is a:

A) Burglary.
B) Theft.
C) Larceny.
D)* Robbery.
5. The process by which criminals convert tainted proceeds into apparently legitimate funds
or property is known as:
A)* Money laundering.
B) Credit card conversion.
C) Bad check writing.
D) Extortion.
6. To prove a pattern of racketeering, the government must show that the defendant
committed how many acts within how much time?
A) Two acts within a 5-year period.
B)* Two acts within a 10-year period.
C) Three acts within a 5-year period.
D) Three acts within a 10-year period.
7. The following is an exception to the 4th Amendments requirement of a search warrant.

A) Evidence in plain view.
B) Evidence likely to be destroyed.
8. The following can exert their 5th Amendment right against self-incrimination:
A)* Humans.
B) Corporations.
9. The reading of Miranda rights protects a defendant from:

A) Unlawful searches.
B) Unlawful seizures.
C) Double jeopardy.
D)* Self-incrimination.
10. The prohibition against cruel and unusual punishment is found in the:
A) Fifth Amendment.
B)* Eighth Amendment.
C) Fourth Amendment.
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D) First Amendment.
Essay Questions
1. Explain the following crimes: robbery, larceny, and burglary.

Robbery, larceny, and burglary are all crimes that interfere with someone elses property
rights, and they are generally classified as felonies. They arent identical crimes,
however. Robbery is the taking of property from another person by the use of force or
threat of force. A mugging would be an example of a robbery. Force or threat of force is
the factor that makes a robbery different from larceny. Larceny is the wrongful taking of
someone elses property with the intent to permanently deprive the possessor of
possession. Stealing or theft are common terms associated with larceny. Shoplifting is
an example of larceny. Under the common law, taking something by deception wasnt
considered larceny, but modern statutes on larceny tend not to distinguish between
whether someones property was wrongfully taken by fraud or simply just taken.
Burglary was a crime that under the common law could only happen at night. Burglary
had strict elements, which included breaking and entering at night, someones dwelling
place, with the intent to commit a felony once inside. But, modern statutes on burglary
dont limit the crime to when it occurs, where it occurs, or even how it occurs. Now,
burglary can include entering a place (not just a home) without authorization (which rids
the crime of its breaking element), or even staying in a place too long without
authorization (which rids the crime of its entering element). But, the distinction
between burglary and trespassing, a lesser crime, is that burglary involves the
defendants intentat the time of the breaking and enteringto commit a felony once
inside. This fact makes burglary a specific intent crime.
2. Explain the exclusionary rule, and how it affects criminal prosecutions.

There are some constitutional safeguards, whose source is the Bill of Rights, that protect
defendants rights, and the exclusionary rule is one of those safeguards. The
exclusionary rule owes its existence in part to the Supreme Courts interpretation of the
4th Amendments prohibition against unreasonable searches and seizures. This means
that searches and arrests must be made pursuant to valid warrants, unless some
warrantless exception applies, such as the allowance of a police to seize evidence
without a warrant that is discovered in plain view where the police already are allowed
to be. The 5th Amendments protection against self-incrimination is also an underpinning
of the exclusionary rule. The self-incrimination protection includes the requirement that
police read a criminal suspect his or her Miranda rights (the right to remain silent, the
right to have a lawyer, the admonishment that anything that is said may be used against
the suspect). The exclusionary rule is premised on the belief that evidence that is
obtained in violation of a defendants constitutional rights is tainted. As such, that
tainted evidence is deemed excluded from the prosecutions case against the defendant,
which is a dire penalty against unreasonable searches and seizures. There are, however,
some exceptions to the exclusionary rule, and one, the good-faith exception, allows
evidence otherwise obtained illegally to be introduced as evidence against the accused if
the police who conducted the unreasonable search reasonably believed they were acting
pursuant to a lawful search warrant.
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Chapter 10The Appellate Process
1. Only the party who lost can bring an appeal. (F)
2. The party bringing the appeal is often referred to as the appellee. (F)
3. An appellate courts job is to make findings of law. (T)
4. Rules of court, such as the Federal Rules of Appellate Procedure, are rarely amended. (F)
5. Appeals from the decisions of the U.S. district courts are made to the U.S. courts of
appeals. (T)
6. Generally, an appeal in a federal civil case must be filed with the district clerk within 30
days after entry of the judgment or order appealed from. (T)
7. The U.S. Supreme Court does not have to accept a petition for certiorari, but may use its
discretion in granting review. (T)
8. In order for the U.S. Supreme Court to grant an appeal, at least a majority of the justices
must vote to take the case. (F)
9. An appeal de novo means the appeal is heard as if the lower case has not been heard. (T)
10. If an appellate court finds that the lower court has made an error that can be corrected, by
sending the case back to the lower court, the appellate court will reverse the case. (F)
1. The person who takes down the proceedings and prepares a written transcript of what has
occurred in a hearing or trial is known as the:
A) Court clerk.
B)* Court reporter.
C) Court bailiff.
D) Court assistant.
2. The following set of rules govern appeals in the federal appellate court system:
A) Federal Rules of Civil Procedure.
B)* Federal Rules of Appellate Procedure.
C) Federal Rules of Criminal Procedure.
D) Federal Rules of Judicial Procedure.
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3. In criminal cases, a defendants notice of appeal must be filed in the district court within
the following days after entry of judgment:
A) 40 days.
B) 30 days.
C) 20 days.
D)* 10 days.
4. In recent years, out of the 7000 annual petitions for review to the U.S. Supreme Court,
the Court accepts the following number of cases each year:
A)* 100.
B) 250.
C) 500.
D) 1000.
5. The U.S. Supreme Court tends to grant review of petitions for review under the following
circumstances:
A) When there is a major constitutional question at issue.
B) When there is a split opinion among the circuit courts of appeals on a particular
legal issue.
6. Forwarding the record means:

A)* Ordering from the court reporter the transcript of the proceedings not already on
file.
B) Summarizing the trial transcript to look for errors of procedure.
C) Giving the appellee the required copies of appellant briefs.
D) Highlighting the allegations of error that were committed by the trial court.
7. Many states have:

A) One level of appellate courts.
B)* Two levels of appellate courts.
C) Three levels of appellate courts.
D) No appellate courts, since there are federal appellate courts.
8. A paralegal who works in the appellate process can do the following:

A) Attend trials to observe the proceedings, and taking note of procedural decisions.
B) Summarize trial transcripts, looking for errors committed by the court.
D) None of the above may be done by paralegals because the tasks are only lawfully
done by attorneys.
9. If an appellate court believes there were no errors in application of the procedural law or
the substantive law, it will:
A)* Affirm the lower courts decision.
B) Reverse the lower courts decision.
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C) Remand the lower courts decision.
D) Vacate the lower courts decision.
10. If an appellate court rules that the lower court has made a substantial procedural or
substantive error of law, it will:
A) Affirm the lower courts decision.
B)* Reverse the lower courts decision.
C) Remand the lower courts decision.
D) Vacate the lower courts decision.
Essay Questions
1. Explain the function of the appellate court system.

Trial courts and appellate courts, while being part of the same legal system, have distinct
functions. Trial courts are fact finding courts. Litigation is aimed at resolving a fact
dispute between litigants, and if a case gets to a trial, the trial courts function is to find
the facts, i.e. render a verdict. If there isnt a jury for a trial, then the trial judge acts as
the fact finder and the arbiter of the trial procedure. Appellate courts, on the other hand,
make findings of law; they rule on the allegations of errors that the appellant argues
occurred at the trial court (or other lower court). During the trial, issues may arise
requiring rulings from the court on matters of procedure, which concerns the way the
trial is conducted, what questions may be asked, what evidence may be presented to the
jury, and what the trial attorneys may say in presenting and arguing their case.
Appellate courts are asked to rule on the propriety of the rulings of the lower court on
these matters of procedural law. Appellate courts may also resolve questions of
substantive law, in addition to procedural law. An example of this would be if an
appellate court is asked to determine whether a cap on punitive damages is
constitutional. Appellate courts make their decisions based upon the written and oral
arguments of the petitioners and respondents, as well as the legal research conducted by
the judges or justices.
2. Explain the role of the paralegal in the appellate process.

The paralegals role in the appellate process varies according to the nature of the case,
the internal structure of the law firm, and the skill of the paralegal. If a paralegal is
fortunate enough to sit through a trial, then he or she may be in the best position to
analyze the trial transcript for errors in application of the procedural rules during the
trial that may give rise to an appeal. By keeping track of these rulings, and reviewing the
transcript, the paralegal is more capable of helping the attorney determine what matters
should be appealed. The paralegal could also summarize the transcript of the trial, to
help the attorney save time in spotting procedural errors and determine what legal issues
need to be appealed (or responded to on appeal). Appellate-practice paralegals can also
conduct legal research, since legal research and factual arguments need to be married to
each other in an appellate brief. Researching rules of court, statutes, and the always-
important case laws are tasks that a skilled paralegal may do as part of the appellate
process. Finally, a highly skilled paralegal may write rough drafts of appellate briefs, if
the attorney is so inclined.
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Chapter 11Torts and Strict Liability
1. Tort law is about private wrongs. (T)
2. Assault is the unauthorized and harmful or offensive physical contact with someone else.
(F)
3. False imprisonment is a type of intentional tort. (T)
4. Defamation does not occur if the defendant makes a true statement about the plaintiff that
results in damage to the plaintiffs reputation. (T)
5. Slander occurs when the defendant prints the defamatory statement. (F)
6. Truth is not a defense to the tort of invasion of privacy. (T)
7. Unauthorized use of someone elses land is a trespass even if the owner is not using the
land at the time. (T)
8. Plaintiffs who sue for negligence must prove that defendants intended to cause harm or
injury. (F)
9. Brain surgeons who are sued for negligence are held to the reasonable person standard.
(F)
10. Proximate cause is generally thought of in terms whether the plaintiffs injuries were
foreseeable in light of the defendants conduct. (T)
1. Assault would not be committed if:

A) The plaintiff wasnt hurt.
B)* The plaintiff wasnt aware.
C) The defendant couldnt accomplish the act.
D) The defendant apologizes immediately.
2. Merchant protection statutes protect:

A)* Shopkeepers.
B) Customers.
C) Both.
D) Neither.
3. One cannot defame:

A) A dead person.
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B) A live person when there has been nothing untrue stated.
C) Without publication.
4. The following is not an element of negligence:

A) A duty of care.
B) Unreasonable action.
C)* Punitive damages.
D) Injury to the plaintiff.
5. In order to win a negligence case, the plaintiff must prove that the defendant was:
A) The proximate cause of the plaintiffs injuries.
B) The actual cause of the plaintiffs injuries.
C) Neither.
D)* Both.
6. When one violates a statute that is designed to prevent the type of injury that is caused by
violating the statute, that is known as:
A) Res ipsa loquitur.
B)* Negligence per se
C) Good Samaritan law.
D) Negligent infliction of emotional distress.
7. A statute that makes a tavern and bartender liable for injuries caused to or by patrons who
are served too much alcohol is known as a:
A)* Dram shop act.
B) Guest statute.
C) Firemans rule.
D) Social host statute.
8. The defense that involves arguing that the plaintiffs harm was an unforeseen event is
known as:
A) Assumption of risk.
B) Comparative negligence.
C) Strict liability.
D)* Superseding event.
9. The doctrine that makes a defendant liable even if the defendant is without fault is called:
A) Assumption of risk.
B) Comparative negligence.
C)* Strict liability.
D) Contributory negligence.
10. Which of the following parties can be held strictly liable for the injuries caused by a
defective product?
A) Manufacturers.
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B) Wholesalers.
Essay Questions
1. Explain the concepts of actual and proximate causation

A negligence lawsuit requires a plaintiff to prove that: 1) the defendant owed the plaintiff
a duty of care; 2) the defendant breached the duty of care; 3) the plaintiff suffered injury;
and 4) the defendants act caused the plaintiffs injury. To say that the defendant caused
the plaintiffs harm actually means two things: that the defendant was the actual cause;
and that the defendant was the proximate cause. Actual cause, which is sometimes
called factual causation or but for causation, means that the plaintiffs injury can be
traced to the defendants conduct. Actual causation is akin to saying that the first
domino that fell is the actual cause of the one millionth domino fallingbut for the first
domino falling, the last one would not have fallen. Proximate cause, however, is the key
to liability. To say that the defendant is the proximate cause of the plaintiffs injury is to
make a legal judgment call, and determine that the defendant should be held liable for
the plaintiffs injury. One of the ways of looking at the doctrine of proximate cause is to
examine it in light of foreseeability. Defendants are liable for the injuries that are
foreseeable from their negligent actions. Foreseeability is a difficult concept to grasp,
but juries are asked to decide on a case-by-case basis whether a plaintiffs injuries were
foreseeable from the defendants conduct. The most famous case on foreseeability is
Palsgraf v. Long island Railroad Company (1928), and involves analyzing whether the
railroad company was liable for injuries sustained by a customer that were so random
and remote as to be unpreventable. Another way of looking at proximate cause is to
analyze whether something completely out of the ordinary has dramatically interfered
with the chain of event the defendants negligent conduct put into motion. Suppose the
defendant negligently injures someone in a car accident, and then the injured person is
being taken to the hospital in the ambulance. While on the way to the hospital, the
ambulance is struck by a meteor falling to earth. Would the defendant be liable for the
meteor-related injuries? No, because the meteor would be known as a superseding event,
or superseding cause.
2. Explain the concept of strict tort liability.

Generally, tort liability is predicated on faultthe defendant did something wrong. The
key exception to fault-based liability is the doctrine of strict liability, which applies to
product liability. Strict liability does not require the injured person to prove that the
defendant breached a duty of care. According to the Restatement (Second) of Torts, strict
liability applies to those who sell any product in a defective condition unreasonably
dangerous to the user or consumer or to his property, when the product causes injury, the
seller is engaged in the business of selling such a product, and it is expected to and does
reach the user or consumer without substantial change in the condition in which it was
sold. Strict liability applies only to products, not services, and all parties in the chain of
distribution of a defective product are strictly liable for the injuries caused by that
product. This would include all manufacturers, distributors, wholesalers, retailers,
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lessors, and subcomponent manufacturers. Under strict liability, sellers and lessors are
liable to the ultimate user or consumer, which could include the purchaser or renter,
family members, guests, employees, customers, persons who enjoy the benefits of the
product but dont use it (such as automobile passengers), and even bystanders.
Damages, including punitive damages, are recoverable in strict liability cases, but some
jurisdictions do not allow for economic loss damages.
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Chapter 12Contracts and Commercial Transactions
1. The one who accepts the contractual offer is known as the offeror. (F)
2. Every contract involves at least two parties. (T)
3. A valid offer has three requirements, which include that the offer must be definite. (T)
4. A counteroffer is made by the offeror and ends the negotiations. (F)
5. An option is actually a contract. (T)
6. A contract must have consideration. (T)
7. Minors can disaffirm any contracts they make. (F)
8. Contracts to perform an illegal act are voidable. (F)
9. Contracts that need to be in writing in order to be enforceable also must have the
signatures of both parties. (F)
10. Liquidated damages are what the parties agree in advance to pay in the event of breach of
contract. (T)
1. All of the following are requirements of a valid contract except:

A)* It must be in writing.
B) It must be supported by consideration.
C) It must be made by parties with contractual capacity.
D) It must involve the performance of something that is lawful.
2. A promise to make a gift is unenforceable because:

A)* It lacks consideration.
B) It isnt in writing.
C) It isnt covered by the statute of limitations.
D) It isnt an agreement.
3. The age of majority in most jurisdictions, which entitles one to make a binding contract,
is:
A) 16.
B)* 18.
C) 20.
D) 21.
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4. The statute of frauds requires certain contracts to be in writing in order to be:
A) Valid.
B)* Enforceable.
C) Executed.
D) Executory.
5. All of the following contracts need to be in writing except:
A) Real estate contracts.
B) Contracts for the sale of goods where the price is at least $500.
C)* Personal services contracts.
D) Contracts that, by their terms, cannot be performed within one year.
6. A covenant is:
A) A condition precedent.
B) A condition subsequent.
C)* An unconditional promise to pay.
D) An uncompleted performance.
7. An unconscionable contract is also known as:

A) A contract of unfavorability.
B) An executed contract.
C) A statute of frauds contract.
D)* A contract of adhesion.
8. When a contract has been breached, the nonbreaching party may:

A) Rescind the contract and seek restitution.
B) Sue the breaching party for damages.
C)* A or B.
D) A and B.
9. Damages that arise from circumstances outside the contract but are foreseeable from the
breaching partys breach are:
A)* Consequential damages.
B) Liquidated damages.
C) Compensatory damages.
D) Punitive damages.
10. What of the following qualifies as goods under Article 2 of the Uniform Commercial
Code?
A)* A watch.
B) A share of a companys stock.
C) A patent.
D) A piece of land.
Essay Questions
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1. Explain the purpose of the statute of frauds, and give an example of a contract that
would be covered by it.
Contracts are based upon mutually obligating promises that capable parties make to
each other, the breach of which leads to liability. Although it is nice to think that parties
would always remember what they agreed to do, it doesnt always work that way. In fact,
not only do parties forget what they agreed to do, but sometimes they lie about what the
terms of a contract were. One way to protect against these problems is by putting
contracts in writing. The statute of frauds is designed to do just that, although nothing
prohibits parties from putting all their contracts in writinga good but not always
feasible idea. Originating in England, the statute of frauds requires that certain
contracts be in writing in order for them to be enforceable. The common types of
contracts that most jurisdictions require to be in writing include real estate contracts,
contracts whose terms prevent the completion of the contract in less than a year,
prenuptial agreements, promises to pay the debts of someone else, and contracts for the
sale of goods where the purchase price is at least $500 dollars. Enforceable is different
from valid. For instance, a two-year contract that isnt in writing but is complete
(executed) cant be undone. But, a real estate contract that isnt in writing according to
the statute of frauds allows a party to get out of the contract before it is performed, since
this type of oral contract is unenforceable. And in order for a contract to be enforceable
under the statute of frauds, the contract must be signed by the party against whom the
enforcement is sought. Since at the time of contracting, neither party knows who would
end up being the defendant, both signatures would be obtained as a matter of course.
2. Explain the following: compensatory damages; consequential damages; and

liquidated damages.
Nonbreaching parties may sue for breach of contract, and the most common remedy is an
award of money damages, although there are occasions where equitable remedies, such
as specific performance, can be sought. Monetary damages are of three types:
compensatory, consequential, and liquidated. Compensatory damages are intended to
compensate a nonbreaching for the loss of the bargain. They place the nonbreaching
party in the same position as if the contract had been fully performed. This is commonly
known as the benefit of the bargain. Consequential damages are those that are
foreseeable damages that arise from circumstances outside the contract. In order to be
liable for consequential damages, the breaching party must know or have reason to know
that the breach will cause special damages to the other party. For example, if a
wholesaler fails to deliver widgets on time to the retailer, and the retailer loses business
by being unable to resell the widgets, the wholesaler will be liable for the lost profits of
the retailer. Liquidated damages refer to cash, or that which is liquid. Under certain
circumstances, the parties to a contract may agree in advance to the amount of damages
payable upon a breach of contract. To be lawful, the actual damages must be difficult or
impracticable to determine, and the liquidated amount must be reasonable under the
circumstances. An enforceable liquidated damage clause is an exclusive remedy even if
actual damages are later determined to be different (i.e. more). But, if a liquidated
damages provision is considered to be a penalty, rather than a reasonable measure of the
damages, the liquidated damages provision is unenforceable, and the nonbreaching party
may then recover actual damages.
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Chapter 13Property and the Environment
1. There are two kinds of property: personal; and real. (T)
2. A stock certificate is an example of tangible personal property. (F)
3. A bailment is a transfer of possession but not title. (T)
4. Furniture is a type of fixture. (F)
5. A fee simple is the highest form of ownership of real property. (T)
6. A remainder is a future interest in which the property returns to the grantor after the
expiration of a limited estate. (F)
7. Married couples are the only persons who can own real estate in the form of tenancy by
the entireties. (T)
8. Condominium owners do not get title to their individual units since they own the
common areas as tenants in common. (F)
9. An easement is an interest in property where the holder of the easement has the right to
limited use of someone elses property, such as a right-of-way. (T)
10. A tenancy for years must be terminated by the landlord or tenant before the term has run,
or else the tenancy will continue for the same term. (F)
1. All of the following are considered types of real estate except:

A) Minerals.
B)* Chattels.
C) Buildings.
D) Crops.
2. All of the following are considered types of intangible property except:

A)* Fixtures.
B) Copyrights.
C) Certificates of deposit.
D) Shares of stock.
3. When a person takes his or her watch to the jeweler for repair, that transaction is known
as a:
A) Fixture.
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B) Joint tenancy.
C) Future interest.
D)* Bailment.
4. The type of real estate ownership that allows the present owner to lose the property if a
specified condition isnt maintained is known as:
A)* Fee simple defeasible.
B) Fee simple absolute.
C) Remainder.
D) Life estate.
5. When property goes to a third person at the end of a life estate term, that form of future
interest is known as a:
A) Fee simple defeasible.
B) Fee simple absolute.
C)* Remainder.
D) Life estate.
6. All of the following are a type of co-ownership except:

A) Joint tenancy.
B) Tenancy in common.
C) Tenancy by the Entirety.
D)* Tenancy by the reversion.
7. Community property states require that upon the death of one spouse, the co-spouse is
entitled to:
A) Half of all the property of the dead spouse.
B) None of the property of the dead spouse.
C)* Half of all the marital property of the dead spouse.
D) None of all the marital property of the dead spouse.
8. Taking title to someone elses real estate by treating as your own for the required period
of time and under the other required statutory requirements is known as:
A)* Adverse possession.
B) Quiet title.
C) Quitclaim deed.
D) Squatters rights.
9. The following type of tenancy that is created when a tenant retains possession of the
property after the expiration of the term without the owners consent is called:
A) Periodic tenancy.
B)* Tenancy at sufferance.
C) Tenancy at will.
D) Tenancy for years.
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10. An owner who want to use his or her property in a way that isnt allowed by the current
property use laws needs to seek a:
A) Zoning ordinance.
B) Easement.
C)* Variance.
D) Warranty of habitability.
Essay Questions
1. Explain the four categories of real property.
Property can be classified in two classesreal estate and personal property. Personal
property includes tangible property, such as clothing, and intangible property, such as a
copyright. Real property includes the following categories: land and buildings; subsurface
rights; plant life and vegetation; and, fixtures. Land is the most common form of real
property. In a addition to the land, the landowner usually purchases the surface rights to the
land, which means the right to occupy the land. And, buildings are real property. Things such
as radio towers and bridges are considered real property. Subsurface rights, which might be
called mineral rights, includes that which is located beneath the surface of the owners land.
These can be valuable rights, and such subsurface rights may be sold separately from the
surface rights. Examples of subsurface rights include gold, uranium, and oil or natural gas.
Plant life and vegetation is that which is growing on the surface of land. This includes
natural plant life (e.g., trees) and cultivated plant life (e.g., crops). When land is sold, any
plant life growing on the land is included unless the parties agree otherwise. Plant life that is
severed from the land is considered personal property, such as when crops are cultivated to be
turned into commodity products. Fixtures are certain personal property associated so closely
with real property that it becomes part of the realty. Kitchen cabinets, carpeting, and
doorknobs are examples of fixtures. But, items such as throw rugs and furniture are personal
property, and not fixtures. Unless otherwise provided, fixtures are included when a building is
sold. One of the characteristics of fixtures is their permanent attachment to the land or
building.
2. Explain the following types of concurrent ownership: joint tenancy; tenancy in
common; tenancy by the entirety; and community property.
Two or more persons may own a piece of real estate. This is concurrent ownership. Joint
tenancy is a type of concurrent ownership where the co-owner has rights of survivorship,
which means that upon the death of one of the co-owners (or joint tenants), the deceased
persons interest in the property automatically passes to the surviving joint tenant(s). Any
contrary provision in the decedents will is void. To create a joint tenancy, words that clearly
show a persons interest to create a joint tenancy must be used. In a tenancy in common, the
interests of a surviving tenant in common pass to the deceased tenants estate, and not to the
co-tenants. A tenancy in common may be created by express words, such as A and B, as
tenants in common. If A dies before B, As share of the property becomes part of As estate
and passes to As heirs; B has no rights to As share because of As death. Tenancy by the
entirety is a form of co-ownership of real property that can be used only by married couples.
This type of tenancy must be created by express words, such as A Jones and B Jones,
husband and wife, as tenants by the entireties. A surviving spouse has the right of
survivorship. Tenancy by the entirety is distinguished from a joint tenancy in that neither
spouse may sell or transfer his or interest in the property without the other spouses consent.
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Community property is a method of co-ownership that is created by statute, and only nine
states recognize this form of marital ownership of property. Community property is based on
the notion that a husband and wife should share equally in the fruits of the marital
partnership. Under these laws, each spouse owns an equal one-half share of the income of
both spouses and the assets acquired during the marriage regardless of who earns the income.
When a spouse dies, the surviving spouse automatically receives one-half of the community
property. Property that is acquired through gift or inheritance either before or during
marriage remains separate property. During the marriage, neither spouse can sell, transfer,
or gift community property without the consent of the other spouse.
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Chapter 14Agency and Employment Law
1. The agent hires the principal to transact business with third persons. (F)
2. An employee is not an agent of the employer unless the employee has the power to enter
into contracts on behalf of the employer. (T)
3. An employee is a type of independent contractor. (F)
4. The most common form of agency is agency by estoppel. (F)
5. Agency by ratification occurs when the principal accepts the unauthorized act of the
agent. (T)
6. An agent is liable to a third party in a partially disclosed agency. (T)
7. An owner of a car who hires a car salesman to sell the car is liable to a buyer to whom the
seller intentionally misrepresents the facts about the car. (T)
8. Generally, principals are liable for the torts of their independent contractors. (F)
9. Workers compensation is an exclusive remedy, which means workers cannot sue their
employers for damages due to employment injuries. (T)
10. Title VII of the Civil Rights Act of 1964 prohibits job discrimination based on ones
sexuality (F)
1. All of the following are kinds of employment relationships except:

A) Employer-employee.
B) Principal-agent.
C) Principal-independent contractor.
D)* Partnership-partner.
2. One of the significant factors that helps distinguish the independent contractor from the
employee is:
A)* The control over the independent contractor.
B) The pay of the independent contractor.
C) The education of the independent contractor.
D) The skill of the independent contractor.
3. The type of agency that occurs when the principal and agent clearly agree to enter into an
agency agreement with each other is an:
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A) Apparent agency.
B) Implied agency.
C) Agency by ratification.
D)* Express agency.
4. An agent is not liable to a third party on a contract the third party makes with the agent
when the agency is a(n):
A) Partially disclosed agency.
B) Undisclosed agency.
C) Fully disclosed agency.
D) Estoppel agency.
5. The following are factors to determine whether an agents conduct occurred within the
scope of his or her employment:
A) Whether the act was requested or authorized by the principal.
B) Whether the agent was advancing the principals purpose when the act occurred.
6. All of the following are exceptions to the general rule that principals are not liable for the
torts of its independent contractors:
A) Nondelegable duties exception.
B) Special risks exception.
C) Negligence in the selection of an independent contractor exception.
7. In a workers compensation state, an employee who is injured by the negligent conduct of

a coworker who was ineffectively trained by management may sue:
A) The employer.
B)* The coworker.
8. Title VII of the 1964 Civil Rights Act prohibits employment discrimination based upon:
A) Sex.
B) Religion.
9. Allowing only women to be locker-room attendants in a womens gym would be:

A)* Discriminatory but allowed.
B) Discriminatory but not allowed.
C) Not discriminatory.
D) Good for business.
10. Under the Americans with Disabilities Act, employers are required to make:
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A)* Reasonable accommodations to disabled employees.
B) Complete accommodations to disabled employees.
C) Noticeable accommodations to disabled employees.
D) Minimal accommodations to disabled employees.
Essay Questions
1. Explain how the scope of employment doctrine affects employer liability.

The principal is not liable for all the wrongdoings of its employees, but the principle of
employer liability does cast a broad net, making the employer liable for the negligent
conduct of the employee that is within the scope of employment. This type of liability is
based on the common law doctrine of respondeat superior, which means let the
master answer, as well as the doctrine of vicarious liability. Under these doctrines, the
employer is liable because of his or her employment relationship with the negligent
employee, not because the employer was personally at fault. What is within the scope of
employment is decided on a case-by-case basis, but there are some general tests that help
determine employer liability. The frolic and detour principle recognizes that employees
dont always stay on the straight and narrow path of their employmentsometimes they
detour, and sometimes they frolic. Employees are still within the scope of employment if
they detour, but if the employees frolic and detour is substantial, then the principal wont
be liable. For example, a UPS driver who stops to see an afternoon movie at the
cinemaplex, and then hits a pedestrian in the theatre parking lot is likely to be considered
outside the scope of employment. The coming and going rule relates to the common
law idea that a principal is generally not liable for injuries caused by its agents and
employees while they are on their way to or from work. This rule applies even if the
principal supplies the agents automobile or pays for the gasoline or operating expenses.
Other factors that affect the scope of employment include whether the act was requested
or authorized by the principal, whether the act was the kind the agent was employed to
perform, whether the act occurred substantially within the time period of employment,
and whether the agent was advancing the principals purpose when the act occurred.
2. Compare and contrast an employee from an independent contractor.

Employees and independent contractors are similar in that both are appointed by a
principal to work for the principal. Both are paid by the principal, and their work is
subject the approval or endorsement of the principal. But, employees and independent
contractors are not alike. Perhaps the most important distinction between an employee
and an independent contractor is the control the principal exercises over them. The
employer controls both the process and outcome of the employees work, but such is not
the case with the independent contractor. An independent contractor is hired for an
outcome, but the process of reaching that outcome is generally left to the independent
contractors expertise. Examples of independent contractors would include lawyers,
doctors, dentists, accountants, plumbers, and construction contractors. Because an
independent contractor is liable for his or her own employment taxes, and because
principals are usually not liable for the torts of its independent contractors, some
employers try to classify their employees as independent contractors. Some of the factors
that determine whether one is an independent contractor include the following: whether
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the worker is engaged in a distinct occupation or an independently established business;
the length of time the agent has been employed by the principal; whether the principal
supplies the tools and equipment used in the work; the method of payment, whether by
time or by the job; whether the worker hires employees to assist him or her; and whether
the employer has the right to control the manner and means of accomplishing the desired
result.
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Chapter 15Business Organizations
1. Access to capital is not a disadvantage of a sole proprietorship. (F)
2. Liability is a disadvantage of a sole proprietorship. (T)
3. It is a requirement of partnerships that a partnership agreement be drafted and signed by

the partners. (F)
4. Partners have unlimited liability for the torts of the other partners carrying on partnership
business. (T)
5. Limited partners give up profits in exchange for limited liability. (F)
6. A limited partners liability is limited to the extent of that partners investment. (T)
7. Owners of a limited liability company are called members. (T)
8. A corporation is a separate entity from the shareholders. (T)
9. The articles of incorporation express the companys bylaws. (F)
10. The board members own the corporation. (F)
1. All of the following are advantages of a sole proprietorship except:

A) Ease and low cost of formation.
B) Autonomy.
C)* Liability.
D) Transferability.
2. The following is not included in the definition of a general partnership:

A) An association of two or more persons.
B)* carrying on a business or charity.
C) As co-owners.
D) For profit.
3. One of the following is prima facia evidence of a partnership:

A)* Sharing of profits.
B) Sharing of management.
C) Sharing of authority.
D) Sharing of the partnership checkbook.
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4. Partners have the following liability when another partner, or employee, commits a tort
while acting in furtherance of the partnership:
A) Joint liability.
B) Several liability.
C)* Joint and several liability.
5. A limited partnership must have at least one:

A) General partner.
B) Limited partner.
6. A limited liability partnership does not have to have a:

A)* General partner.
B) Limited partner.
7. A limited liability company is a(n):

A) Incorporated partnership.
B) Unincorporated partnership.
C) Incorporated business entity.
D)* Unincorporated business entity.
8. All of the following are unique characteristics of a corporation except:

A)* Individualized management.
B) Limited liability of shareholders.
C) Free transferability of shares.
D) Perpetual existence.
9. Shareholders have the right to vote on:

A) Dividends.
B)* The board of directors.
C) The bylaws.
D) The corporate officers.
10. An outside director on a corporate board is one:

A) Who works outside the companys headquarters.
B)* Who isnt an employee of the company.
C) Who isnt allowed into the board meetings.
D) Who doesnt own any shares of the companys stock.
Essay Questions
1. Explain the advantages and disadvantages of a partnership.
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General, or ordinary, partnerships have been recognized since ancient times. A partnership is a
voluntary association of two or more persons for carrying on a business as co-owners for profit.
The formation of a partnership creates certain rights and duties among partners and with third
parties. A partnership has some advantages over sole proprietorships and corporations. For
instance, a partnership provides credence to the maxim that two heads are better than one.
Unlike a proprietorship, a partnership can rely upon the expertise of more than one owner, and
those owners help defray the cost of doing business since partners share the costs and liabilities
of a partnership. And unlike a corporation, a partnership is subject to federal taxation only
once. Partnership profits are passed through to the partners, who then report their share of
profits on their personal income taxes. This single taxation is a strong advantage that partners
have over corporations because corporate income is subject to federal taxation twice. First, the
corporation pays taxes on its income at the corporate income tax rate. Then, if the corporation
takes any of what is left over and distributes it to the shareholders as dividends, those dividends
are taxable to the shareholders as ordinary income.
Partnerships do, however, have some disadvantages, particularly to that of corporations.
Corporations can live forever, theoretically, since the corporation is an entity that is legally
distinct from its ownersthe shareholders. Unlike corporations, partnerships generally do not
survive the death of an owner, and must be dissolved, unless the partnership agreement provides
otherwise. More critically, however, is the partnerships disadvantage as it concerns liability.
Shareholders in a corporation are only liable to the extent of their investment (capital
contribution), which is known as limited liability. Partners have unlimited liability, which
means that all that a partner hasinvested in the partnership or otherwisecan be taken to
satisfy a debt or judgment. When it comes to tort liability, partners have joint and several
liability, which means that a partner can be found liable for the full amount, even if another
partner committed the tort, and even if all the other partners have left the country and cant be
included in the lawsuit.
2. Explain the unique characteristics of a business corporation.
Corporations are the dominant form of business organization in the U.S., generating over 85%
of the countrys gross business receipts. A corporation is a separate legal entity (or legal
person) for most purposes. Corporations are treated as artificial persons created by the state
who can sue or be sued in their own names, enter into and enforce contracts, hold title to and
transfer property, and be found civilly and criminally liable for violations of law. Corporations
have certain unique characteristics, including limited liability of shareholders, free
transferability of shares, perpetual existence, and centralized management. As separate legal
entities, corporations are liable for their own contracts and debts. Generally, shareholders have
only limited liability. They are liable only to the extent of their capital. Corporate shares are
freely transferable by the shareholder, by sale, assignment, pledge, or gift, unless they are issued
pursuant to certain exemptions from securities registration. Corporations may exist in
perpetuity unless a specific duration is stated in the corporations articles of incorporation. This
is because the shares, which represent ownership, are intangible and distinct from the owners.
The death, insanity, or bankruptcy of a shareholder, a director, or an officer of the corporation
does not affect its existence. The board of directors makes policy decision concerning the
operation of the corporation. Members of the board of directors are elected by the
shareholders. The directors, in turn, appoint corporate officers to run the corporations day-to-
day operations. Together, the directors and the officers form the corporate management.
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Chapter 16Intellectual Property and Internet Law
1. A competitor can be liable for misappropriation of a trade secret for doing something like
taking apart a product to determine what it consists of. (F)
2. In the United States, the first one to file the patent takes priority over the first one to
invent the subject matter. (F)
3. For an invention to be granted a patent, the invention must be nonobvious. (T)
4. Generally, copyright protection lasts for the life of the author. (F)
5. The fair-use doctrine permits a student to reproduce someone elses protected work in
order to illustrate a lesson. (T)
6. Books and plays may be copyrighted, but jewelry and sermons may not be copyrighted.
(F)
7. Unlike copyrights, trademarks can only be registered if the mark is actually in use in
commerce, or the mark will be in use within six months of the registration. (T)
8. Coca-cola can be trademarked, but cola cannot. (T)
9. Once registered, a trademark never loses its federal protection, as long as the trademark is
renewed. (F)
10. Internet website names can be registered and given exclusive rights. (T)
1. If a competitor were to unfairly take Colonel Sanders recipe for Kentucky Fried Chicken,
that competitor would be stealing a:
A) Patent.
B) Copyright.
C)* Trade secret.
D) Trademark.
2. To be patented, the invention must be all of the following except:

A) Novel.
B)* Credible.
C) Useful.
D) Nonobvious.
3. The following could not be patented:
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A)* Scientific formulas.
B) Compositions of matter.
C) Improvements to existing machines.
D) All of the above could not be patented.
4. Copyright protection lasts:

A) The life of the author.
B) The life of the author plus a 10-year renewal period.
C) The life of the author plus 50 years.
D)* The life of the author plus 70 years.
5. Copyright protection does not apply to:

A) Artistic ideas.
B) Mechanical ideas.
6. The fair-use doctrine permits the following:

A) Limited use of someone elses patented invention.
B) Limited use of someone elses trademarked logo.
C)* Limited use of someone elses copyrighted material.
D) Limited use of someone elses trade secret.
7. Trademark protection lasts:

A) 10 years.
B) 10 years plus one 10-year renewal.
C)* 10 years plus an unlimited number of 10-year renewals.
D) Forever.
8. A mark that has acquired a secondary meaning is one that:

A) Has lost its initial value.
B)* Has a dual meaning, one of which is distinctive.
C) Has lost trademark protection.
D) Has been patented and trademarked.
9. All of the following are Internet domain names except:

A)* .www.
B) .edu.
C) .net.
D) .org.
10. The Internet was initiated by:

A)* The Department of Defense.
B) The Federal Communications Commission.
C) The computer department at MIT.
D) Al Gore.
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Essay Questions
1. Describe a patent, a copyright, and a trademark.

Patents, copyrights, and trademarks are known as intellectual property, meaning they are
types of property that are created through the ingenuity and creativity of the intellect.
These types of property are intangible; it is rights over the work, mark, or invention that
are owned, rather than simply a particular book, logo, or machine. All three types of
intellectual property are granted exclusive ownership rights due to federal (and in some
instances, international) law. A patent is a registration of an invention that is novel,
useful, and nonobvious. Patentable subject matter includes 1) machines, 2) processes, 3)
composition of matter, 4) improvements to existing machines, processes, or compositions
of matter, 5) designs for an article of manufacture, 6) asexually reproduced plants, and 7)
living material invented by a person. Abstractions and scientific principles cant be
patented. Patent applicants must file a patent application containing a written
description of the invention with the U.S. Patent and Trademark Office. Patent holders
own exclusive rights to use and exploit their patent, which includes suing someone for
the unauthorized use of anothers patent.
A copyright is the exclusive legal right to reproduce, publish, and sell a literary, musical,
or artistic work. Federal copyright law protects the work of authors and other creative
persons from the unauthorized use of their copyrighted materials. Only tangible writings
are subject to copyright registration and protection. This means that artistic or creative
ideas are not protected, but rather the tangible expression of those ideas is protected.
Works that are subject to copyright protection include books and periodicals, lectures,
sermons, addresses, musical compositions, plays and motion pictures, radio and
television productions, maps, works of art, and jewelry. To be protected under federal
copyright law, the work must be the original work of the author. Copyright registration
itself does not create the copyright. Copyright protection lasts the life of the author plus
70 years, and corporate copyrights lasts either 95 or 120 years. A copyright owner who
successfully sues one who is guilty of copyright infringement can recover profits made by
the infringer, damages suffered by the plaintiff, and an injunction preventing the infringer
from doing so in the future. But the fair-use doctrine allows for limited unauthorized use
of copyrighted work under certain conditions, including that which is used for teaching
purposes.
A trademark is exclusive ownership in a distinctive mark, symbol, name, word, motto, or

device that identifies the goods of a particular business. A trademark is registered with
the U.S. Patent and Trademark Office, and the original registration of a mark is valid for
10 years and can be renewed for an unlimited number of 10-year periods. An applicant
can register a mark if 1) it was in use in commerce or 2) the applicant verifies a bona
fide intention to use the mark in commerce and actually does so within six months of its
registration. The types of marks that can be trademarked include trademarks, service
marks, certification marks, and collective marks.
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2. What has been done to deal with intellectual property issues that arise in connection
with the Internet?
The growth of the Internet has led to extending intellectual property rights to aspects of
the World Wide Web. Information provided on websites can be protected under copyright
law, assuming that the material meets the qualifications of copyright eligibility. Domain
names can be owned and sold, such that cheeseman.com can be registered for a few
dollars, and then used as a website name or sold to the highest bidder. However, the
curious registering of Internet domain names has become more difficult by the passage of
the Anticybersquatting Consumer Protection Act, passed in 1999. The Act was
specifically aimed at cybersquatters who register Internet domain names of famous
companies and people and hold them hostage by demanding ransom payments from
the famous company or person. Prior to the Act, trademark law was of little help. The
Act has two fundamental requirements: 1) the name must be famous, and 2) the domain
name must have been registered in bad faith. Thus, the law prohibits the act of
cybersquatting itself it if is done in bad faith. The Act provides for the issuance of cease-
and-desist orders and injunctions by the court. In addition, the law adds monetary
penalties: a plaintiff has the option of seeking statutory damages of between $1,000 and
$300,000 in lieu of proving damages.
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Chapter 17Family Law, Wills, and Estates
1. Marriage is regulated at the state level. (T)
2. Common law marriage is no longer recognized in the United States. (F)
3. A no-fault divorce can be obtained without having to go to court. (F)
4. In a community property state, all property obtained during the marriage is split evenly
during a divorce, regardless of which spouse earned the property during the marriage. (T)
5. Child support guidelines are usually based upon the paying parents income. (T)
6. A person who makes a will is called a beneficiary. (F)
7. All wills, including holographic wills, must be attested by mentally competent witnesses.
(F)
8. A testators signature must generally be at the beginning of a will. (F)
9. If a testators estate is not large enough to pay all of the devises and bequests, the
doctrine of abatement applies, and at least some of the gifts will be proportionately
reduced. (T)
10. Trusts may be created expressly, but they also may be imposed by law, or even by the
conduct of the parties. (T)
1. A common-law marriage is one:

A) That is not recognized in all states.
B) That does not involve a marriage license.
2. Residency requirements:
A)* Are generally required for all divorces.
B) Are generally required for no-fault divorces.
C) Are generally not required for all divorces.
D) Are generally not required for no-fault divorces.
3. All of the following are requirements for a valid will except:

A) The testator must have testamentary capacity.
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B) The will must be in writing.
C) The testator must sign the will.
D)* The will must be prepared by an attorney.
4. That which changes a will is a(n):

A) Abatement.
B)* Codicil.
C) Attestation.
D) Revocation.
5. If a testator were to leave a BMW for someone in the will, but by the time the testator
dies, the BMW has been sold, the doctrine of ademption requires that:
A)* The beneficiary gets nothing.
B) The beneficiary gets the cash equivalent.
C) The beneficiary gets a car, if one is in the residuary clause.
6. If two or more testators execute the same instrument as their will, the will is called a:
A) Holographic will.
B) Nuncupative will.
C) Mutual will.
D)* Joint will.
7. Is someone dies without a will, the person is said to have died:

A) Escheat.
B)* Intestate.
C) Nuncupative.
D) Nonprobate.
8. The type of document that stipulates a persons desires to not have life-prolonging
medical treatment under certain conditions is a:
A) Nuncupative will.
B) Holographic will.
C)* Living will.
D) Living trust.
9. The person who transfers his or her property into a trust is the:
A)* Settlor.
B) Trustee.
C) Beneficiary.
D) Remainderman.
10. The type of trust that is created while the person creating the trust is still alive is known
as a(n):
A) Testamentary trust.
B) Implied trust.
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C) Totten trust.
D)* Inter vivos trust.
Essay Questions
1. Explain the process how one creates a will and changes his or her will.
A will is a declaration of how a person wants his or her property to be distributed upon his or
her death. The person making the will is called the testator (or testatrix, if a female), and the
persons designated in the will to receive the testators property are called beneficiaries. Every
state has a statute of wills establishing the requirements for making a valid will in that state.
Those requirements include the following: A testator must have testamentary capacity, which
means that the testator must have been of legal age and sound mind when the will was made.
Sound mind generally means one understands he or she is making a will, and understands the
plan of the will. Also, wills must be in writing to be valid, except for certain oral wills
(nuncupative) that the law allows under limited circumstances. However, the will doesnt have
to be drafted in a certain way, or even typed, for that matter. Wills also must be signed by the
testatorusually at the end of the willand must be attested. Attestation is the process where
mentally competent and disinterested witnesses (usually two or three) witness the testator
signing the will, and then the witnesses sign the will, in the presence of each other. Wills can be
changed up until the death of the testator. The most complete way to change a will is to revoke
the will and then draft and attest a new will. Revocation may be done by obliterating the will,
but a subsequent will can also serve to revoke a prior will. Wills can also be changed by the use
of a codicil, which is a separate document that must be executed with the same formalities as a
will. Additionally, it must incorporate by reference the will it is amending.
2. Explain what a trust is, and then define a charitable trust, a spendthrift trust, and a totten
trust.
A trust is a legal arrangement under which one personthe settlor or trustordelivers and
transfers legal title to property to another person, the trustee, to be held and used for the benefit
of a third person, the beneficiary. The property held in trust is called the trust corpus. The
trustee has legal title to the corpus, and the beneficiary has equitable title. Unlike wills, trusts
are not public documents, so property can be transferred in privacy. Trusts often provide that
any trust income is to be paid to a person called the income beneficiary. The person to receive
the trust corpus upon termination of the trust is called the Remainderman. The income
beneficiary and Remainderman can be the same person or different persons. A trustee can
allow the trust to invade or use the corpus for certain purposes that can be specifically named in
the trust document, such as to pay off a mortgage of a person after a number of years.
Generally, the trustee has broad management powers over the trust property. In addition to
being expressly created, trusts can be imposed by law, and those are known as implied trusts. A
constructive trust is an example of an equitable implied trust, and it is designed to prevent
someone from keeping what he or she shouldnt have taken or gotten in the first place. A
charitable trust is created for the benefit of a segment of society or society in general. An
example is a trust created for the benefit of a church organization. A spendthrift trust is
designed to prevent a beneficiarys personal creditors from reaching his or her trust interest. All
control over the trust is removed from the beneficiary. Personal creditors still can go after trust
income that is paid to the beneficiary, however. A totten trust is created when a person deposits
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money in a bank account in his or her own name and holds it as a trustee for the benefit of
another person. A totten trust is a tentative trust because (1) the trustee can add to or withdraw
funds from the account, and (2) the trust can be revoked at any time prior to the trustees death
or prior to completing delivery of the funds to the beneficiary. A totten trust is also known as a
poor persons trust because even a small bank account can be a totten trust.
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Chapter 18Interviewing and Investigation Skills
1. Most incidents giving rise to litigation have associated official reports. (T)
2. Photographs may not be entered as evidence at trial, but they are still important fact-
gathering devices in litigation. (F)
3. The starting point for following a timeline is the time of the alleged injury. (T)
4. The physical surroundings of an interview location does not have an effect on the tone for
the interview. (F)
5. Paralegals and legal assistants generally may not interview clients because of the
problems associated with the attorney-client privilege and the unauthorized practice of
law. (T)
6. Leading questions are those that suggest the answer to be given. (T)
7. Open-ended questions are very good to ask nervous or introverted clients who have a
hard time responding. (F)
8. The attorney-client privilege cannot be waived. (F)
9. An expert retained by a law firm to serve as a consultant has greater attorney-client

privilege protection than an expert retained to testify at trial. (T)
10. The Freedom of Information Act allows private citizens or law firms to obtain any
document that the federal government has in its possession. (F)
1. The investigation of a case includes obtaining the following:

A) Diagrams.
B) Photographs.
C) Witness statements.
2. In order to determine the proper penalty for spoliation of evidence, courts are most likely
to consider all of the following factors except:
A)* The extent to which the evidence has been spoiled.
B) The degree of fault of the party who altered or destroyed the evidence.
C) The degree of prejudice suffered by the opposing party.
D) The availability of a lesser sanction that will protect the opposing partys rights
and deter future similar conduct..
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3. The first step in preparing for an interview or conducting an investigation is:
A) Dress appropriately.
B)* Understand the desired outcome.
C) Understand the nonverbal cues.
4. You were driving under the speed limit, right? is a(n):

A) Open-ended question.
B) Narrative question.
C)* Leading question.
D) Double-barrel question.
5. Tell me what happened at the Home Depot after you walked into the forklift? is a(n):
A)* Open-ended question.
B) Stupid question.
C) Leading question.
D) Double-barrel question.
6. All of the following are a form of privileged communication except:

A) Doctor-patient communication.
B) Husband-wife communication.
C)* Parent-child communication.
D) Priest-penitent.
7. The paralegal or legal assistant is covered by the attorney-client privilege:

A) If the paralegal or legal assistant is also the client.
B) If the paralegal or legal assistant is acting on behalf of the attorney.
8. A party may depose an expert:

A) Under all circumstances.
B)* If the expert is listed as an intended witness.
C) Under no circumstances.
D) If the expert consents to the subpoena.
9. The Freedom of Information Act, which allows the public to obtain information the
federal government possesses, has certain exceptions, including all of the following:
A) Classified documents.
B) Law-enforcement investigatory files.
10. Martindale-Hubbell is:

A)* A legal directory.
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B) A law firm.
C) A space shuttle.
D) A martini.
Essay Questions
1. Explain key aspects to a successful interview, including different types of questions.

Paralegals and legal assistants may conduct interviews of prospective clients, clients, and
witnesses. The first step in preparing for an interview is to understand the outcome desired.
One of the desired outcomes in an initial interview with a new client is to instill the client with
confidence in the firm and its personnel. A checklist can be a valuable tool to be certain that all
the information required for a certain type of case or other legal matter is obtained during the
initial interview. Setting a client at ease is also a key component to conducting an effective
interview, and that can be accomplished through body language, building rapport, and
explaining how the interview is protected by confidentiality and the attorney-client privilege.
While conducting interviews, certain factors need to be kept in mind. In the first meeting, the
paralegal must make clear that he or she is a paralegal and not an attorney. During the first
few minutes of the interview, paralegals must build a relationship with the interview subjects, let
them understand the purpose of the interview, and eliminate any barriers that would prevent
obtaining the necessary information. Effective interviewers learn the verbal and nonverbal cues
that help them understand the reasons for interviewees reluctance to answer questions.
Leading and open-ended questions include the types of questions that can be asked in an
interview. Leading questions are those that suggest the desired answer, and are generally asked
by lawyers when conducting cross-examination. You filed your taxes by April 15, didnt you?
is a form of a leading question. Generally, leading questions should be avoided when
conducting witness or client interviews since the answers seem to be drawn out of the
respondent in the way the interviewer wants them. Open-ended questions are designed to give
interviewees an opportunity to tell their story without the limitation of yes-or-no answers.
Open-ended questions create a narrative opportunity for the witness. For example, How has
your health been since the accident? is an open-ended question. In fact interviews, the witness
should receive the opportunity for open-ended, narrative answers. Asking a question to solicit
an answer that the interviewer desires may cut off information essential to the case.
2. Explain the Freedom of Information Act, and how it might affect litigation.
The federal government is a good source of all kinds of information, some of which may be
relevant or helpful in litigation. The Freedom of Information act is a federal statute designed to
open to the public the information possessed by the federal government and its agencies. Many
of the documents required to be filed are available through the government, and frequently
online, such as corporate filings with the Securities and Exchange Commission. Other
information may be available by request, under the provisions of the Freedom of Information
Act, 5 U.S.C. 552. Some limitations apply to the information available. The general
exceptions, as found in the statute, include: 1) classified documents concerning national defense
and foreign policy; 2) internal personnel rules and practices; 3) exemptions under other laws
that require information to be withheld, such as income-tax returns; 4) confidential business
information and trade secrets; 5) intra-agency and inter-agency internal communications; 6)
protection of privacy of personnel and medical files and private lives of individuals; 7) law-
enforcement investigatory files; 8) documents of agencies responsible for the regulation and
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supervision of financial institutions; and, 9) geological and geophysical information and data.
For example, in a lawsuit where the plaintiff alleges that the U.S. government has been
targeting members of civil rights groups, and harassing them, the plaintiffs could use the
Freedom of Information Act to request documents from specific agencies (the FBI, for instance)
that might show if the government was investigating certain groups, and for what stated
reasons.
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Chapter 19Traditional and Computer Legal Research
1. Online legal research services have made law libraries irrelevant. (F)
2. Researchers must first understand the law that applies to the research project on which
they are working. (F)
3. A primary source is the actual law itself. (T)
4. The Code of Federal Regulations is a primary source. (T)
5. A legal encyclopedia is a primary source. (F)
6. A digest is a secondary source. (F)
7. Most legal references have an introduction that explains how to use the materials. (T)
8. Case law has pocket parts. (F)
9. Lexis, Loislaw, Westlaw, and VersusLaw provide full-service online legal research
services. (F)
10. Connectors are instructions to the search engine to look for documents containing
combinations of words. (T)
1. Before starting your research, it is important to obtain a copy of the current:

A) Federal Rules of Civil Procedure.
B) Corpus Juris Secundum.
C)* Local Rules of Court.
D) Blacks Law Dictionary.
2. Traditional law libraries are:

A)* Still relevant, even though electronic legal research is quicker.
B) Not relevant because electronic legal research source are available.
C) More relevant than electronic legal research sources.
D) Beautiful buildings.
3. The West Digest System has the following number of Digest Topics:
A) 50.
B) 300.
C)* 450.
D) 500.
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4. The law itself is known as a:
A)* Primary source.
B) Secondary source.
C) Finding Tool.
5. A rule of court is a:
A)* Primary source.
C) Finding tool.
6. A restatement of the law is a:

A) Primary source.
B)* Secondary source.
C) Finding tool.
7. A citator, such as Shepards Citations, is a:

A) Primary source.
C)* Finding tool.
8. One should check on the current status of their research by:

A) Checking the pocket part.
B) Shepardizing.
9. All of the following electronic legal research services are full-service except:
A) Westlaw.
B) Loislaw.
C) Lexis.
D)* VersusLaw.
10. One checks on updates to their legal research on Westlaw by using:

A) GlobalCite.
B) Shepardizing.
C) ParallelCite.
D)* KeyCite.
Essay Questions
1. Explain primary authority, secondary authority, and finding tools. Give examples of each.
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The world of legal research can be divided into three parts: primary authority; secondary
authority; and, finding tools. All three parts can be found in a traditional law library, and also
on the Internet, using the electronic legal research sources that are available. Primary
authority (also known as primary sources) is the law itself. That is to say, primary authority is
law made by government. Law is made by private citizens all the time, and a contract for the
lease of a car is an example of that type of law. But, the term, primary authority, refers to public
law, that made by the branches of government. Congress makes statutes, which are located in
statutory codes. Administrative agenciesusually part of the executive branch of government
make rules and regulations, which are located in administrative codes. The judiciary makes
case law, which is located in reporters. The judiciary also adopts court rules, which are located
in federal, state, and local rules of court. Constitutions, are also types of primary authority, as
are executive orders and opinions of attorneys general. Secondary authority is not the law
itself, but instead are writings about the law. Secondary authority can be cited in legal writing,
but it shouldnt be cited in place of applicable primary authority. Types of secondary authority
include legal dictionaries (Blacks), legal encyclopedias (C.J.S.), treatises (Wigmore on
Evidence), Law Reviews (Yale Law Review), Textbooks (Legal Ethics, by Kauffman), and legal
periodicals (ABA Journal). Finding tools are really important, but dont qualify as primary or
secondary authority. Finding tools allow a researcher to locate the law, or to update the status
of the law thats been found. A digest (Wests Indiana Digest) is an example of a finding tool,
allowing one to find case summaries, organized by Wests 450 digest topics. Shepards Citations
is another type of a finding tool. Shepards books allow a researcher to check to see if the law
that has been found is still good law.
2. Explain how one checks on the current status of the legal research that has been found.
Finding what youre looking for is a wonderful feeling, but that doesnt mean the job is done. In
fact, the job is only half-done, since one should never use, or give to a boss, any primary
authority without making sure it is still good law, which means that it hasnt been negatively
changed since the publication of the primary authority that was found. The doctrine of stare
decisis provides that we use prior case law as precendent, but precedent can be changed or
overruled occasionally. Thus, an essential part of legal research for paralegals is to verify that
they have the latest case or statute. Verifying that through the law library method does work,
but it is not as current as doing it electronically. The first and easiest method to check on the
current status of the law is a pocket part. A pocket part is a printed update on the law that is has
a cardboard backing, so that it can be placed in the slit in the back, inside cover of the volume
being researched. Pocket parts can be found in statutory codes, legal encyclopedias,
professional practice series, and digests. For instance, when looking up a statute, one shouldnt
put the volume back in the stacks until after checking the pocket part in the back of the volume.
In addition to pocket parts, annual (or cumulative supplements) are available, but are not
included as a pocket part. Long a standard tool of legal research in law libraries has been
Shepards Citations, a multivolume set of books listing cases and statutes by their respective
citations and giving the citation of every other case in which the listed case was mentioned.
Although one can Shepardize a statute, Shepardizing is most often thought of in relation to case
law. Shepards Citations volumes are in law libraries, but one can Shepardize electronically on
the Lexis legal research service. Other companies provide citation-checking services, similar to
Shepards: one can use Westlaws KeyCite service; and one can use Loislaws GlobalCite
service.
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Chapter 20Critical Legal Thinking and Writing
1. Critical legal thinking is the process of identifying legal issues, determining the relevant
facts, and applying the applicable law. (T)
2 A memorandum is a working document for the legal team to be used by delivering it to a

court. (F)
3. A brief is an advocacy document (T)
4. The duty of candor is the duty to do thorough legal research. (F)
5. The starting point for the legal researcher is to understand the specific assignment. (T)
6. A memorandum needs to present the strongest side of the issue. (F)
7. The most commonly used guide to citation form is The Bluebook. (T)
8. The Universal Citation Guide was created by the Association of Legal Writing Directors.
(F)
9. Sometimes, states adopt the citation format of the West Publishing Company as the states
official citation format. (T)
10. The Bluebook and the ALWD have identical citation rules. (F)
1. A memorandum is traditionally a(n):

A) External document.
B)* Internal document.
C) Both of above.
D) None of above.
2. A brief is traditionally:
A) Written for other lawyers.
B) Written for clients.
C)* Written for judges.
D) Written for all three.
3. The key to starting any legal research problem is to:

A)* Understand what is being asked.
B) Shepardize the case law.
C) Check the pocket part.
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D) Index the file.
4. The reference to the source of the information that allows someone else to find the case
or other material mentioned in a document is the:
A) Argument.
B) Issue.
C) Analysis.
D)* Citation.
5. The most commonly used guide to citation form is the publication:

A)* The Bluebook.
B) The Purplebook.
C) The Universal Citation Guide.
D) The ALWD Citation Manual.
6. In a case citation, the middle information is the:

A) Volume.
B)* Book or series.
C) Page.
D) Publisher.
7. The Universal Citation Format is designed to:

A) Provide the correct citation format in any jurisdiction.
B) Allow citations to be used internationally.
C)* Allow one to find the cited material regardless of the research tool being used.
D) Provide the researcher with the parallel citation.
8. The Bluebook and The ALWD Manual are:

A) Identical.
B) The same.
C) Very different.
D)* Slightly different.
9. In a research and writing context, U.S. means:

A) United States.
B) United States Constitution.
C) United States Congress.
D)* United States Supreme Court.
10. Cases in a case reporter and cases on an electronic legal research service appear:
A) Identically.
B)* Differently.
Essay Questions
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1. Explain what is needed to be done to write an effective memorandum.
In doing research and preparing the memorandum of law, the legal assistant must be
careful to include all the relevant applicable statutes and case law. The starting point for
the legal assistant is to understand the specific assignment. Any questions should be
resolved by asking the person for whom the memorandum is being prepared. Paralegals,
of course, must have a clear statement of the facts from which to work. The facts relied
upon in writing the memo must be part of the ultimate final memorandum, since other
people will read the memorandum and will need to understand the specific facts upon
which the analysis is based. A memorandum must present both sides of the issue, and in
that respect, be a neutral, unbiased, objective presentation of applicable laws as they
apply to the facts of the case. Issues that the opposing attorney or the judge may raise
should be considered and presented. A good analysis will include a discussion of how
the fact pattern may differ in cases that are not on point but may be used by opposing
counsel. The memorandum should be written in stages, with a rough draft being altered
upon reflection. The memorandums final version should be a consequence of careful
editing and rewriting, and should be focused towards the intended audience. The citation
style used should accurately reflect the law being cited, so the reader can check the
citations if desired.
2. Explain the Universal Citation Guide format.

Although the most common guide used for legal citations is the Bluebook, published by
the Harvard Law School, another citation guide with a new citation format, written by
the Association of Legal Writing Directors (ALWD), is provided in the ALWD Citation
Manual. One of the attributes of the ALWD is that it is a set of rules that reflects a
consensus in the legal profession about how citations should function. The Universal
Citation Guide represents an attempt by the American Association of Law Libraries
(AALL), Committee on Citation Formats, to create a set of universal citation rules for
American law that are publisher-neutral and medium-neutral. The various formats of
electronic distribution require a system of citations that can be applied consistently to
allow researchers to find the referenced authority regardless of the research tool used.
Whereas the traditional, paper or book-based, citation uses information based on
internal page numbers, the Universal Citation Format relies upon the courts to use
number paragraphs in their opinions. Any publisher of the case law then can preserve
the information provided by the court, including the citation references to the case and
paragraph. The Universal Citation Format is an attempt to solve the problem that the
page size and display of a case in a book are different than the same case online.
238
Chapter 21The Internet, the Computer, and the Paralegal
1. The paralegal is the member of the legal team who is most likely to spend time in the
office using the Web and the Internet for more than just pure legal research. (T)
2. The Internet is almost nothing more than a group of computers linked together with the
added ability to search all the connections for information. (T)
3. The LAN is the search tool that allows one to search the Internet, such as the web
browsers, Netscape or Internet Explorer. (F)
4. There are few Internet Service Providers. (F)
5. Modems modulate and demodulate electrical signals (T)
6. All web browsers basically provide two main screens one to display email, and one to
display content and Internet search results. (T)
7. The URL is made up of three parts: protocol; computer; and the ISP. (F)
8. The most popular format for the federal government to use in making its forms available
on the Internet is PCL. (F)
9. Norton and McAfee are two companies that sell programs that combat Internet viruses.
(T)
10. Encryption technology permits a computer user to basically put a lock around its
computer information to protect if from being discovered by others. (T)
1. The main control computer that controls the connections and how the requests from each
computer are handled and directed on the network is referred to as the:
A) Workstation.
B)* File server.
C) Firewall.
D) Intranet computer.
2. An Internet service provider:

A) Manages the files on the computer.
B)* Allows computers to get connected to the World Wide Web.
C) Provides Internet content.
D) Provides the Protocol.
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3. At the receiving end of the signal the modem sends is:
A) A protocol.
B) An Internet service provider.
C)* Another modem.
D) A gremlin.
4. Google is a(n):
A) Internet service provider.
B) Internet modem provider.
C)* Internet search engine.
D) Internet web site.
5. The URL is made up of three parts:

A)* Protocol; computer; path.
B) Computer; path; ISP.
C) Path; ISP; protocol.
D) ISP; protocol; GPS.
6. The extension of a domain name for a nonprofit group is:

A)* .org.
B) .edu.
C) .com.
D) .mil.
7. The extension of a domain name for an administrative agency, such as the IRS is:
A) .bus.
B) .org.
C) .edu.
D)* .gov.
8. The types of program files that are downloaded in a compressed form have the following
extension:
A) .edu.
B) .gif.
C) .exe.
D)* .zip.
9. A very popular file format, which allows an Internet user to download forms or other
paginated documents, is:
A)* PDF.
B) PCL.
C) PS.
D) SGML.
10. A computer program that attacks and destroys computer programs, internal computer-
operating systems, and even hard disk drives is known as a:
240
A) Hacker.
B)* Virus.
C) Burglar.
D) Worm.
Essay Questions
1. Explain how the Internet works.

In its most basic form, the Internet or the World Wide Web may be thought of as nothing
more than a group of computers linked together with the added ability to search all the
connections for information. If you think of your office network as being connected to
other similar office networks, and all the other offices together with many other
companies and government agencies around the world on some connecting line, you
have the World Wide Web. The connection is by some form of telephone line or wireless
connection using radio signals. The connection is usually to an Internet service provider
(ISP). ISPs provide local or tool-free access numbers that most people use to connect to
their service. A modem is the device used to translate the electrical signals for
transmission over these connections so the computers can talk to each other. One
accesses the Internet through a Web browser, which is a software program. Popular Web
browsers are Netscape and Internet Explorer. Once on the Internet, one can find
information by using an Internet search engine, which is a program designed to take a
word or set of words and search websites on the Internet. Some of the more popular
search engines are Google, Excite, Yahoo!, and Alta Vista.
2. Explain how a paralegal or legal assistant would use the Internet in a law office.
The Internet has become such a powerful tool in the law office in the last decade, and
paralegals and legal assistant use the Internet more than any other member in the law
firm. Paralegals communicate by using email, which is quicker and cheaper to send than
regular mail. Although there are legitimate concerns over the privacy (or lack thereof)
associated with email messages, they can be encrypted. Encryption technology permits a
computer user to basically put a lock around its computer information to protect it from
being discovered by others. Encryption software lets computer users scramble
information so only those who have the encryption code can enter the database and
discover the information. In addition to sending messages by email, documents can be
attached as files to email. Legal documents can be filed electronically. A number of
courts have established procedures for the electronic filing of pleadings. Each court is
free to set up its own rules and procedures and must be consulted before attempting to
use this service. The IRS and some states have combined in a joint effort to allow
electronic filing of both the federal and state individual income tax returns in one step.
Legal research can be done on the Internet, using services such as Westlaw or Lexis
(which are subscription services), or Findlaw (which is a free, legal search engine).
Other types of research that is needed to be done in a law office can be done through the
Internet. Governmental information and files can be accessed and downloaded, using
Adobe Acrobat Reader, for instance. As well, all kinds of information that might be
helpful to a clients case might be available on the World Wide Web, using search
241
engines, such as Google, Alta Vista, Yahoo!. In fact, one can access Internet versions of
the yellow pages and white pages, or reverse phone directories.
242

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3. The American Bar Association has expressed no opinions or viewpoints on legal

8. As it concerns educational requirements, the U.S. Attorneys Office requires that

Multiple Choice Questions

2. All of the following qualification-options are generally included in a paralegal or legal

3. Paralegals and legal assistants work in the following settings:

5. According to a 1998 ABA survey on the use of legal assistants:

2. Why is paralegal education an important component to being a paralegal or legal

1. The practice of law is regulated at a national level. (F)

3. The ABA believes there is no need to license paralegals. (T)

4. No state licenses paralegals and legal assistants. (T)

8. Conflicts of interest stem from the problem of divided loyalty. (T)

10. The attorney-client privilege applies to paralegals. (T)

Multiple Choice Questions

7. An ethical wall is needed to:

8. The attorney-client privilege is founded upon the doctrine of:

An example of a clear conflict of interest would be if a lawyer were asked to represent a

3. Resumes need to be reviewed and updated periodically. (T)

6. The general practice lawyer handles a wide range of cases. (T)

8. According to a survey by The Affiliates, a legal personnel staffing company,

Multiple Choice Questions

2. All of the following are important tools in job searches except:

4. During a job interview, a paralegal should:

8. Pro bono paralegals are those who:

9. Two of the main administrative functions are:

1. Why is it a good idea for a paralegal or legal assistant to create a portfolio?

1. Paralegals can engage in client interviews. (T)

4. Analytical skills are problem-solving skills. (T)

2. A judges administrative assistant is also known as the:

8. According to the text, if you are of European-American appearance, receivers of

9. According to the text, the Latino-American population:

2. Approximately 50% of all lawsuits are settled prior to trial. (F)

3. One of the disadvantages of American law is its lack of flexibility. (F)

4. Common law was developed by judges in England. (T)

5. The U. S. Constitution is equal in status to federal statutes. (F)

6. Ordinances are created by local government. (T)

7. Trial courts make precedent. (F)

Multiple Choice Questions

2. All of the following are constitutionally created branches of government except:

3. Stare Decisis is:

5. The doctrine of separation of powers:

6. The supremacy clause:

7. The Bill of Rights consists of:

8. The following type of speech is generally considered unprotected by the First

9. One type of fully protected speech is:

2. Explain the categories of protected speech under the Constitution.

1. A court of record is also known as a general-jurisdiction trial court. (T)

3. Federal judges, once elected, serve for life. (F)

4. There are 11 circuits in the federal court system. (F)

Multiple Choice Questions

1. An example of a limited-jurisdiction trial court is:

2. All of the following courts make precedent except:

4. How many justices are on the U.S. Supreme Court?

6. Standing to sue means:

8. All of the following are forms of alternative dispute resolution except:

1. Explain the structure of the federal court system.

2. Compare and contrast arbitration and mediation

Multiple Choice Questions

1. Administrative agencies are created with the primary goal of:

2. The delegation doctrine means that: