Questions and Answers of Business Its Legal Ethical

Describe the juror selection process. What is the dif ference between a peremptory challenge and a chal lenge for cause?
What are the goals of a pretrial conference? Who attends a pretrial conference?
What role does the paralegal play in pretrial prepara tion of witnesses, exhibits, and displays for trial? How are the trial notebooks prepared?
Assume that a witness is being questioned about statements she heard a third party make. Which of the following statements would qualify as excep tions to the hearsay rule? Identify the reason for
Kirsten works as an in-house paralegal for a debt collection agency. She has been given a list of people who have defaulted on their car loans and cannot be located. Kirsten has been told by her
Determine whether each of the following statements is a statement of fact or a statement of opinion, and explain why:a. “I am sure that the driver was drunk because he pulled up next to me at the
Paralegal Malik is assigned to do a follow-up interview with a client to get details about the client’s employ ment-discrimination claim. Malik is instructed to record the interview so that the
Using the information in this chapter on questioning skills, identify the following types of questions:a. “Did you go on a cruise in the Bahamas with a woman who was not your wife, Mr.
Review the Baranski-Peretto hypothetical case dis cussed in Chapter 10. Write sample questions that you would ask when interviewing eyewitnesses to the accident. Phrase at least one question in each
Paralegal Leah’s boss has asked her to arrange for a private investigator to place a GPS tracking device, the size of a deck of cards, on the company car of a salesperson of one of the firm’s
What should be included in an investigative report?
Define and give examples of the following types of evi dence: direct evidence, circumstantial evidence, rel evant evidence, authenticated evidence, and hearsay.
Describe how you would locate a witness. Give five sources you would consult. Which would be the most useful? Which would be the least useful? Explain why.
List the various types of witnesses discussed in the chapter. Describe the type of testimony each witness might give. Do any of these categories overlap—that is, could one witness fall into more
What types of interviews are described in this chap ter? What is the purpose of each? What is the parale gal’s role in each type of interview?
What types of questions described in the chapter can be used in an interview? Explain when you would use each type.
Open a saved Word document. Find the properties tab and open it. The document properties contain the document's metadata. Find and write down the document's author, its creation date, the date it was
In an employment discrimination lawsuit, the plain tiff printed more than 400 e-mail messages related to her discrimination claim. Her former employer produced only 120 e-mail messages in response to
Review Exhibit 10.7, Sample Interrogatories. Draft the first ten questions for a set of interrogatories to be directed to the plaintiff, Sandra Nelson, based on the facts given in Question 1 above.
Using Exhibit 10.3, A Summons in a Civil Action, draft a summons to accompany the complaint against David Namisch. David's address is 1000 Main Street, Apartment 63, New York, New York 10009. The
Assume that you work for attorney Tara Jolans of Adams & Tate, 1000 Town Center, Suite 500, White Tower, Michigan. Jolans has decided to rep resent Sandra Nelson in her lawsuit against David Namisch.
A client who is suing her employer for employment discrimination calls paralegal DeShawn from her employer-issued smartphone to discuss her case against her employer. Later, from her office computer,
What pretrial motions are discussed in this chapter?What is the purpose of each motion?
What is risk control? Why is it important in elec tronic discovery?
What is the duty to disclose under FRCP 26? What happens if there is a failure to disclose?
When does discovery take place, and what does it involve? List three traditional discovery devices that can be used to obtain information prior to trial. Is electronic evidence discoverable?
What is service of process? What are the methods of serving a complaint on a defendant in a federal court lawsuit? What happens if the defendant is not properly served?
Describe the pleadings in a civil lawsuit. How does each type of pleading affect the litigation?If a defendant fails to respond to the plaintiff’s complaint within a specified time period, what can
Describe what takes place during the initial client interview. Who conducts this interview, the attorney or the paralegal? Why?
What rules govern civil trials in federal court? Who are the parties to a lawsuit?
If you did the research required by the Practice Ques tions and Assignments at the end of Chapter 7, prepare a legal memorandum summarizing Ms. Consumer’s legal problem and her options for
Summarize the following hypothetical by applying the IRAC method:Mr. Damien was a teacher at the Wabash Academy, a private boarding school. He had a twenty-one-year old son, Dave, with bipolar
Prepare an informative letter to a client using the following facts:The client, Dr. Brown, is being sued for medical malpractice and is going to be deposed on January 15, 2022, at 1:00 p.m. The
Proofread the following paragraph, circling all of the mistakes. Then rewrite the paragraph.The defendent was arested and charge with drunk driving. Blood alcohol level of .15. He refused to take a
A lawyer filed a badly drafted complaint with a court. After giving the lawyer an additional oppor tunity to correct and refile it, the court dismissed the complaint with prejudice (meaning that the
Should documents submitted to the court be objec tive or persuasive? Explain your answer.
Should a memorandum be objective or persuasive?Explain your answer.
How is a legal memorandum organized? List and describe its components. What is the IRAC method?How is it used in a legal memorandum?
List the components of a typical legal letter. What are the four types of letters discussed in this chapter?What is each letter’s purpose?
Why is it important for paralegals to have good writ ing skills? What is the active voice? What is the pas sive voice? Why is it better to use the active voice in your legal writing?
What are the three things you should consider when receiving a legal writing assignment?
Visit the Martindale-Hubbell website (martindale.com).Search for an attorney in your city who does personal injury law. How many results did you find?
You are working as a paralegal for a probate and estate planning law firm. One of the firm’s clients died, and now you have to locate all of the heirs. One is a twenty-eight-year-old nephew, whose
Do a Google Scholar search for articles about tobacco products manufacturers’ liability when cancer results from the use of their products. How many items did your search retrieve? Print the first
If you did one of the research assignments in the Chapter 7 Practice Questions and Assignments(Question 6 or Question 7), Shepardize one of the cases that you found, using Shepard’s in print. Is
Go to usa.gov and locate the website for the Federal Trade Commission (FTC). Click on the link to the FTC site. Answer the following questions:a. What is the URL for the Federal Trade Commission?b.
Tony is doing research for his supervising attorney to include in a brief that has to be filed with the court of appeals by 5 p.m. today. He finds a case that is on point and provides the exact
List and briefly describe the dominant fee-based online legal research database services. Do the same for the alternative online legal research databases.
What is KeyCite? How can Westlaw be used to stay current on the law? Does Lexis have an online citator?Describe two ways in which you can search databases on Lexis and Westlaw.
What kinds of legal resources can be accessed at various government sites?
List five free legal resources that can be accessed via the Internet.
What questions should you ask yourself before going online to perform legal research?
If you concluded that Ms. Consumer should pursue a state law remedy, research the answer to Ms. Consum er’s problem in your state’s law. Provide the citations to the relevant state statute
Using the annotated version of the federal statutes, look for relevant case law annotations on Ms. Consum er’s legal problem in the notes of decisions following the relevant statutory section. If
After you have analyzed the facts of Ms. Consumer’s legal dilemma, made a list of legally and factually rel evant terms, and reviewed a secondary source, can you find a citation to the federal law
Ms. Consumer bought a weight-loss tea, advertised as“the dieter’s secret weapon,” that guaranteed weight loss of seventeen pounds in just twelve weeks without diet or exercise. This offer was
Ana returns home from a business trip to find that her house has been ransacked. Her former boyfriend, Jason, had a key, but when they broke up he returned it. Ana’s neighbors tell her that someone
Identify the title number, code abbreviation, and sec tion number for the following statutory citations:a. 42 U.S.C. § 1161(a).b. 20 C.F.R. § 404.101(a).
Identify the case name, volume number, reporter abbreviation, page number, and year of decision for each of the following case citations, including the parallel citations:a. Towe v. Sacagawea, Inc.,
Krystee Connolly, a paralegal in a litigation firm, has finished reading a brief that the opposing side submitted to the court in support of a motion for summary judgment. In the brief, she notices a
Where are administrative agency regulations first published? Where are they codified? Where can you find these sources online?
What are principles of statutory interpretation? List four principles of statutory interpretation. What is the plain meaning rule?
Describe how statutes are published. What is the name of the official code containing the statutes of the U.S. government? What are the parts of a stat ute’s citation?
List and briefly describe the components of a reported case. Which part should you focus on when analyzing a case? How do you brief a case? What is the purpose of briefing a case? What should be
List and identify the various parts of a case citation.How do citations help you locate a case?
What is the definition of a primary source of law? A secondary source of law? How are these sources of law used in legal research?
What is the difference between a case on point and a case on “all fours”? Why is finding either of these important when researching case law?
What is binding authority? Persuasive authority?
Using the materials presented in the chapter, iden tify the following methods of alternative dispute resolution:a. The parties to a divorce meet with a neutral third party who emphasizes points of
Marcella, who is from Toledo, Ohio, drives to Troy, Michigan, and shops at a popular mall. When leaving the parking lot, Marcella runs a red light while texting and causes an accident resulting in
Look at Exhibit 6.4 and answer these questions:• How many federal circuits are there?• In which federal circuit is your state located?• How many federal judicial districts are located in your
Identify each of the following courts. If not indicated, specify whether it is a state or federal court.a. This state court has general jurisdiction over civil and criminal cases and takes testimony
Aaron is a paralegal with a law firm that specializes in intellectual property law. Aaron’s supervising attorney asks him to e-mail a letter to the client that the attorney has prepared. The letter
Describe the various methods of alternative dispute resolution.
Describe the procedure for cases to reach the United States Supreme Court.
How do the functions of a trial court differ from the functions of an appellate court?
How do original and appellate jurisdictions differ?The relationship between state and federal jurisdic tion is an example of what type of jurisdiction?
Describe the types of cases over which federal courts exercise jurisdiction.
Define jurisdiction. Define venue. What is the dif ference between personal jurisdiction and subject-matter jurisdiction? What is a long arm statute?
Unhappy with her attorney’s services, Ashley decided to sue him. The Arkansas Supreme Court issued an opinion in the case, and the citation to that opinion is Ashley v. Eisele, 247 Ark. 281 (1969).
Identify the constitutional amendment being vio lated in the following hypothetical situations:a. A state imposes the death penalty on a seventeen-year-old.b. The federal government suppresses
Look at the U.S. Constitution in Appendix F of this text. Identify the amendment and quote the relevant language in the Bill of Rights that gives U.S. citizens the following rights and protections:a.
Identify the type of law (common law, constitutional law, statutory law, or administrative law) that applies in each of the following scenarios:a. LaToya strongly disagrees with the U.S. govern
In the following hypothetical situations, identify the remedy being sought and whether it is a remedy at law or a remedy in equity:a. Brianna files a petition with the court. She is seeking
Paralegal Carlos is asked by his supervising attorney to do some research. Carlos is to review a new state statute exempting ill persons certified to use medical marijuana from prosecution. His job
What is national law? What is international law?Explain the three types of legal systems that most countries have.
What is the supremacy clause, and where is it located?Briefly summarize each article of the Constitution.What is the Bill of Rights?
What is a statute? How is statutory law created? What is the difference between a statute and an ordinance?What happens when a state statute conflicts with a federal statute?
What remedies were originally available from courts of law? Courts of equity? How did courts of equity evolve? Are the courts of law and equity still separate?
Why is the doctrine of stare decisis the cornerstone of American common law, and what is its relationship to binding authority? May courts depart from prec edent? What is a case of first impression?
Define law. What are the primary sources of American law?
According to this chapter’s text, which of the follow ing tasks can a paralegal legally perform?a. Provide legal advice to clients in the course of helping them prepare divorce pleadings.b.
A paralegal experienced in employment discrimi nation law was hired by an attorney to develop a practice requiring appearances before both the state discrimination agency and the Equal Employment
Matthew Hinson is a legal technician. He provides divorce forms and typing and filing services to the pub lic at very low rates. Samantha Eggleston uses his ser vices. She presents him with her
Which of the following actions should you take as a paralegal to avoid charges of engaging in the practice of law?a. Include the title “paralegal” when signing letters and e-mails.b. Introduce
Using the material presented in the chapter on con flicts of interest, determine which type of conflict of interest is presented in the following situations:a. A lawyer has a case pending before the
In which of the following instances may confidential client information be disclosed?a. The client in a divorce case threatens to hire a hit man to kill her husband because she believes that killing
The law firm of Dover, Cleary, and Harper decides to store all of its data in the cloud and enters into a contract with Cloud Service Provider for data storage. The firm does not mention its conver
Norma Sollers works as a paralegal for a small law firm.She is a trusted, experienced employee who has worked for the firm for twelve years. One morning, Linda Low enstein, one of the attorneys,
Explain the difference between licensing and certifi cation. What are the positions of the NFPA, NALA, and the AAfPE on the issue of licensing for parale gals? Do you think paralegals should be

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