Test bank for walston dunham introduction to law 7th

Test Bank for Walston-Dunham Introduction to Law 7th

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Chapter 07 The Legal Professional 1. Who has the responsibility to apply the law and reach a conclusion regarding the outcome of a legal dispute? a. Attorney b. Witness c. Jury d. Paralegal ANSWER: c POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:27 AM DATE MODIFIED: 11/23/2018 2:28 AM 2. Which is the process of representing the legal interests of another with third parties? a. Advocacy b. Legal analysis c. Mentoring d. Appellancy ANSWER: a POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:28 AM DATE MODIFIED: 11/23/2018 2:28 AM 3. Who has the primary responsibility of applying federal regulations to individual situations? a. Appellate judge b. Congress c. Defense attorney d. Administrative law judge ANSWER: d POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:28 AM DATE MODIFIED: 11/23/2018 2:29 AM 4. What must a licensed attorney use to identify and evaluate all relevant legal principles in a given circumstance? a. Analytical ability b. Established precedent c. Paralegal d. Citations of authority ANSWER: a POINTS: 1 Copyright Cengage Learning. Powered by Cognero.

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Chapter 07 The Legal Professional QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:29 AM DATE MODIFIED: 11/23/2018 2:30 AM 5. Before they can receive a license to practice law, generally attorneys are required to do which of the following? a. Complete a four-year paralegal degree and pass a state bar exam. b. Complete a degree from an accredited law school and pass the NALA certification exam. c. Complete a degree from a graduate school program and pass a state bar exam. d. Complete a degree from an accredited law school and pass a state bar exam.

ANSWER: d POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:30 AM DATE MODIFIED: 11/23/2018 2:31 AM 6. On which of the following occasions does the judge usually not conclude with a verdict of guilt or culpability of a defendant? a. Bench trial b. Appellate review c. Jury trial d. Appellate trial ANSWER: b POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:31 AM DATE MODIFIED: 11/23/2018 2:32 AM 7. What are two of the commonly recognized methods of monitoring the level of skill of established paralegals? a. Education and Licensure b. Certification and Tort c. Licensure and Certification d. Tort and Licensure ANSWER: b POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:32 AM DATE MODIFIED: 11/23/2018 2:32 AM 8. Responsibility for a paralegal’s delivery of services when employed within the law firm ultimately rests with Copyright Cengage Learning. Powered by Cognero.

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Chapter 07 The Legal Professional a. the court system. b. the judge presiding over the case on which the paralegal works. c. the supervising attorney. d. the paralegal.

ANSWER: c POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:33 AM DATE MODIFIED: 11/23/2018 2:33 AM 9. Before an attorney can appear and represent clients in the U.S. circuit courts of appeals, the attorney must a. have licensure by that court. b. have knowledge of the local court rules. c. have a federal license to practice law. d. have been licensed in at least two states.

ANSWER: a POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:33 AM DATE MODIFIED: 11/23/2018 2:34 AM 10. Regarding occupational growth, what is the outlook for paralegals and legal investigators? a. They are declining fields. b. They are dying fields. c. They are growing fields. d. They are experiencing no significant growth or decline.

ANSWER: c POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:34 AM DATE MODIFIED: 11/23/2018 2:35 AM 11. Who is someone who is equipped with knowledge of the law and capable of performing most functions traditionally performed only by attorneys? a. Law clerk b. Paralegal c. Legal secretary d. Law office administrator ANSWER: b POINTS: 1 Copyright Cengage Learning. Powered by Cognero.

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Chapter 07 The Legal Professional QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:35 AM DATE MODIFIED: 11/23/2018 2:36 AM 12. Who issues an en banc opinion? a. Administrative law judge b. Defense attorney c. Entire appellate panel d. Trial judge ANSWER: c POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:36 AM DATE MODIFIED: 11/23/2018 2:37 AM 13. To be eligible for the National Association of Legal Assistants exam, the individual must demonstrate a background that would establish what type of paralegal knowledge? a. Degreed b. Basic and varied c. Highly advanced or properly degreed d. Practical ANSWER: c POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:37 AM DATE MODIFIED: 11/23/2018 2:38 AM 14. Appellate judges review cases that were previously ruled on in a. an appellate court. b. a circuit court. c. a district court. d. a trial court.

ANSWER: d POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:38 AM DATE MODIFIED: 11/23/2018 2:39 AM 15. In a fully staffed office, who oversees the management and daily operations of the law office or legal department?

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Chapter 07 The Legal Professional a. Law clerk b. Law office administrator c. Paralegal d. Senior attorney ANSWER: b POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:39 AM DATE MODIFIED: 11/23/2018 2:39 AM 16. What is the primary element for meeting the standard of knowledge for licensure as an attorney in most states? a. Be recommended by experienced attorney b. Write an extensive research paper to be reviewed by a judge c. Successfully complete a degree in law d. Pass a state licensing exam ANSWER: d POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:40 AM DATE MODIFIED: 11/23/2018 2:40 AM 17. Who appoints the majority of judges in the federal judicial system? a. Congress b. High-ranking federal judges c. The Supreme Court d. The President ANSWER: d POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:41 AM DATE MODIFIED: 11/23/2018 2:42 AM 18. Who has the responsibility to determine that the correct law was applied properly and fairly during trial? a. Appellate judge b. Attorneys in the case c. Jury d. Clerk of the court ANSWER: a POINTS: 1 QUESTION TYPE: Multiple Choice Copyright Cengage Learning. Powered by Cognero.

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Chapter 07 The Legal Professional HAS VARIABLES: False DATE CREATED: 11/23/2018 2:42 AM DATE MODIFIED: 11/23/2018 2:42 AM 19. Regardless of the cases presented to them, all judges, as officers of the court, have what essential duties? a. Apply and interpret law b. Uphold and enforce all statutory law c. Ignore personal belief system when considering law d. All of the above ANSWER: d POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:42 AM DATE MODIFIED: 11/23/2018 2:43 AM 20. A judge who disagrees with a decision but is in the minority may issue what type of opinion? a. Abstaining b. Concurring c. Dissenting d. Minority ANSWER: c POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False DATE CREATED: 11/23/2018 2:43 AM DATE MODIFIED: 11/23/2018 2:44 AM 21. The probability of a reversal declines as each subsequent level of appeal occurs and the original decision is affirmed. a. True b. False ANSWER: True POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/23/2018 2:44 AM DATE MODIFIED: 11/23/2018 2:44 AM 22. Because of the ever-increasing role of paralegals, it is highly probable there will be significant legislation in the near future concerning this profession. a. True b. False ANSWER: False Copyright Cengage Learning. Powered by Cognero.

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Chapter 07 The Legal Professional POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/23/2018 2:44 AM DATE MODIFIED: 11/23/2018 2:44 AM 23. There is a significant distinction between an individual with a certified legal assistant designation and someone who has received a certificate of completion from a paralegal education or training program. a. True b. False ANSWER: True POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/23/2018 2:45 AM DATE MODIFIED: 11/23/2018 2:45 AM 24. The model paralegal is able to perform many of the tasks traditionally performed by attorneys. a. True b. False ANSWER: True POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/23/2018 2:45 AM DATE MODIFIED: 11/23/2018 2:46 AM 25. The services of a paralegal may be billed to the client in most jurisdictions. a. True b. False ANSWER: True POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/23/2018 2:47 AM DATE MODIFIED: 11/23/2018 2:47 AM 26. Usually, administrative cases are initially filed with the courts rather than with the agency. a. True b. False ANSWER: False POINTS: 1 QUESTION TYPE: True / False Copyright Cengage Learning. Powered by Cognero.

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Chapter 07 The Legal Professional HAS VARIABLES: False DATE CREATED: 11/23/2018 2:47 AM DATE MODIFIED: 11/23/2018 2:47 AM 27. All four-year paralegal programs qualify for American Bar Association approval. a. True b. False ANSWER: False POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/23/2018 2:47 AM DATE MODIFIED: 11/23/2018 2:48 AM 28. The concept of the paralegal or legal assistant is not recognized as a federal government position in this country. a. True b. False ANSWER: False POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/23/2018 2:48 AM DATE MODIFIED: 11/23/2018 2:48 AM 29. Typically, a lawyer’s educational requirements consist of successful completion of what would be considered three years of full-time study in a traditional setting. a. True b. False ANSWER: True POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/23/2018 2:48 AM DATE MODIFIED: 11/23/2018 2:48 AM 30. The duties of administrative law judges are usually confined to hearing cases involving administrative agencies. a. True b. False ANSWER: True POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False DATE CREATED: 11/23/2018 2:49 AM Copyright Cengage Learning. Powered by Cognero.

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Chapter 07 The Legal Professional DATE MODIFIED: 11/23/2018 2:49 AM

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