PA205 - Introduction to Law

Professor Louis P. Violanti, Esq.

Instructions True or False: Legibly PRINT True or False in the space provided on the answer sheet.

1. Attorneys who are admitted to the bar in one state are automatically

admitted to the bar in all states?

2. The Plaintiff's Burden of Proof in a civil Trial is Preponderance of

the evidence?

3. The government's burden of proof in a criminal trial is Preponderance of

the evidence?

4. The Judge is always the trier of law?

5. At trial, it is the quantity of evidence presented that must be persuasive, not the quality of the evidence.

6. A Bench Trial is always held before a Jury Trial?

7. New York State Supreme Court is the highest court in NY?

8. To be a paralegal in NY you must pass the NY bar exam?

9. With regard to the "unauthorized practice of law", as long as a paralegal is working under the guidance of an attorney, most potential problems are avoided?

10. The New York court of Appeals does NOT "re-try" the case?

11. Attorneys communication with their clients are privileged?

12. To be an attorney in NY, you must pass the NY bar exam?

13. Stare Decises mandates that prior precedents be followed?

14. If a paralegal acts unethically, their supervising attorney may be subject

to punishment as well?

15. The State and Federal Crt. Systems in NY are "three-tier" court systems?

16. InordertopracticelawinNewYorkStateapersonmustbelicensed?

17. InNewYorkStateanattorneycanbedisciplinedifheactsunethically?

18. NYSrequiresaparalegalmusthavea2-yearParalegaldegreetoworkfor

a law firm?

19. Anattorneyshouldnotrepresenta clientwhileimpairedbyalcohol?

20. ParalegalsinNewYorkareallowedtorepresentclientswithoutbeing

supervisedbyanattorneyinexceptionalcircumstances?

21. Anattorneyis neverallowedtorepresentaclientwithoutbeingpaidafee?

22. Anattorneycanbepunishedforassistinga non-attorneyinpracticinglaw?

23. Apersonisallowedtorepresenthimselfinanylegalmatter?

24. Aparalegalworkingforanattorneyis notallowedtotalkaboutclient

matterstopersonsoutsidethelawoffice?

25. Aclientis notavailabletosignanaffidavit.Itis OKfortheattorneyto

ask his paralegaltosigntheClient'snameontheAffidavit?

26. A lawfirmwassupposedtosendpleadingstoanotherlawfirmbyJanuary15.OnJanuary17,aparalegalsetsthepostagemeterbacktoJanuary15so it lookslikethepleadingsweremailedontime.No realharmcausedsothereisnoethicalproblemwiththis?

27. AParalegal'sclientworkproductforhis/herSupervisingAttorneyis not protectedfromdisclosure,onlytheAttorney'sworkis protected?

28. AParalegalcanacceptagiftfromtheClientaftertheClientmatterhas

been completed.SuchagiftisatokenofClient'sappreciation?

29. AParalegalcanbeprosecutedfor theUnauthorizedPracticeofLawif

she/heappearsinCourtmerelyto requesta clientadjournment?

30. An attorney can urge a judge to dismiss a case because the defendant is the

attorney's brother-in-law?

Instructions Fill-in the Blank: Legibly PRINT the correct word(s) in the space provided on the answer sheet.

Word Bank:

Judicial Review Stare Decises

Jury Trial ` Substantive

Res Ipsa Court Order

US Supreme Court Bench Trial

Pro Se Jury Instructions

Justice Court City Court

Common Law Court of Appeals

31. When an individual represents himself, he is acting in this capacity ______________?

32. The law that defines our legal rights and responsibilities is known as ______________ law.

33. The power of the Federal Courts to declare acts that are contrary to the constitution "null and

void" is known as ______________?

34. Judge made law is known as ______________?

35. Prior decisions of the same court, or higher court, which a judge must follow in deciding a subsequent case presenting similar facts and the same legal problem is known as ______________?

36. A ______________ takes place in front of the judge only?

37. A ______________ takes place in front of the judge and jury?

38. The judge reads ______________ to the jury to inform them what the law is and guide them in their deliberations?

39. A decision of the US Court of Appeals may be appeal to the ______________?

40. A decision of the NY State Appellate Division, 4^th Department, may be appealed to the New York State ______________?