Deck 3: Preliminary Considerations and Procedures

Question 1

Litigation paralegals need not be concerned with ethical problems because various canons of ethics and rules of professional conduct apply only to attorneys.

Answer 1

False

Question 2

The ultimate source for the elements of a cause of action is ________.

A) primary law (case law and statutory law)
B) secondary sources of law
C) form books
D) All of these choices.

Answer 2

A

Question 3

The doctrine known as laches requires plaintiffs to present written claims to defendants prior to filing lawsuits.

Answer 3

False

Question 4

Paralegals should never give factual information to clients as it may violate ethical rules.

Question 5

Statutes of limitation are generally found in ________.

A) codes
B) cases
C) constitutions
D) All of these choices.

Question 6

An attorney can commingle his own personal assets with property belonging to a client as long as the attorney keeps accurate records.

Question 7

Fenton works as a paralegal in a law firm that represents Kramer in a claim for damages resulting from an automobile accident. Kramer was a passenger in a car driven by DiSalvo. The accident occurred when DiSalvo negligently ran a stop sign. DiSalvo is represented by the law firm of Ogawa and Robles.
Assume that Fenton's brother-in-law once worked for DiSalvo. This would create a conflict of interest and the law firm should refer Kramer to another attorney.

Question 8

An efficient tickler system is essential for keeping track of time limitations on cases.

Question 9

Fenton works as a paralegal in a law firm that represents Kramer in a claim for damages resulting from an automobile accident. Kramer was a passenger in a car driven by DiSalvo. The accident occurred when DiSalvo negligently ran a stop sign. DiSalvo is represented by the law firm of Ogawa and Robles.
Assume that Fenton once worked for the law firm of Ogawa and Robles, although he never worked on any cases involving DiSalvo. This would create a conflict of interest, and Fenton should not be allowed to work on the Kramer case.

Question 10

All federal lawsuits must be filed within one year of the date the cause of action arises.

Question 11

An attorney or paralegal should not make direct contact with an opposing party who is represented by an attorney.

Question 12

A cause of action is a legally recognized right to relief.

Question 13

If a case is not filed within the appropriate statute of limitations, the case will be dismissed regardless of the merits of the case.

Question 14

Fenton works as a paralegal in a law firm that represents Kramer in a claim for damages resulting from an automobile accident. Kramer was a passenger in a car driven by DiSalvo. The accident occurred when DiSalvo negligently ran a stop sign. DiSalvo is represented by the law firm of Ogawa and Robles.
Fenton is asked to do some investigation regarding this case. Fenton telephones DiSalvo, without the knowledge or consent of DiSalvo's attorneys, and he asks DiSalvo questions about the case. As long as Fenton is properly identified as a paralegal working for Kramer, this conduct on the part of Fenton is permissible.

Question 15

Cloud computing creates ethical questions related to client confidentiality.

Question 16

Claim statutes commonly apply when ________.

A) a lawsuit results from an automobile accident
B) the defendant in a lawsuit is a governmental entity
C) the plaintiff in a lawsuit is a governmental entity
D) Both b and c are present.

Question 17

Knowing the elements of a cause of action in a case enables the paralegal to ________.

A) gather appropriate evidence
B) assist in conducting relevant discovery
C) draft and review pleadings
D) All of these choices.

Question 18

Ogawa and Robles are most likely handling this case on a contingent fee basis.

Question 19

Which of the following never starts the running of a statute of limitations?

A) The date a wrongful act occurs
B) The date the plaintiff discovers a wrongful act
C) The date the plaintiff retains an attorney
D) All of these choices.

Question 20

Fenton works as a paralegal in a law firm that represents Kramer in a claim for damages resulting from an automobile accident. Kramer was a passenger in a car driven by DiSalvo. The accident occurred when DiSalvo negligently ran a stop sign. DiSalvo is represented by the law firm of Ogawa and Robles.
Fenton discusses with Steele, a close friend who is a paralegal working for a different law firm, the case in great detail, including mentioning names. Steele promises not to repeat anything. Fenton has nevertheless breached a duty of confidentiality.

Question 21

Paralegals who discuss cases with others risk violating the ethical rule dealing with ________.

Question 22

Written fee agreements are often called ________ agreements.

Question 23

A tickler system is ________.

A) a computerized system to keep track of potential conflicts of interest
B) a calendaring system
C) a complete list of current and past defendants
D) Both a and c.

Question 24

A contingent fee arrangement means that the attorney ________.

A) bills for each hour spent on the case
B) has accepted a fixed sum to handle the case
C) will take a percentage of the recovery as the fee
D) will recover the fee from the defendant

Question 25

Each element of a(n) ________ must be proven at trial in order for plaintiff to prevail.

Question 26

Time and billing software programs allow users to ________.

A) keep track of time and expenses for billing purposes
B) manage a "to-do" list
C) maintain an address book
D) All of these choices.

Question 27

Paralegals who provide legal advice to clients violate the ethical rule prohibiting the ________.

Question 28

In lieu of statutes of limitations, lawsuits against governmental entities must meet time requirements found in ________ statutes.

Question 29

Client funds must always be kept in the attorney's ________ account.

Question 30

The American Bar Association has adopted ethical standards for attorneys known as Model ________.

Question 31

Funds belonging to a client should be kept in ________.

A) the law firm's general account
B) the attorney's personal account
C) the law firm's trust account
D) Either a or c.

Question 32

Time limitations in equitable cases are often affected by the principle of ________, which is based on the concept of fairness.

Question 33

In professional malpractice cases, statutes of limitations often begin to run on the date of ________ of the wrongdoing.

Question 34

Both NALA and NFPA have developed ethical guidelines to govern ________.

Question 35

If an attorney decides not to take a case, that attorney should always ________.

A) clearly communicate that fact to the concerned individual
B) fully explain the reasons for turning down the case
C) refer the individual to another attorney for a second opinion
D) All of these choices.