Quiz Preview 10/ Legal Studies & Paralegal - Paralegal Studies

1

Agreements changing a court date are reflected by a ________ letter

2

Cases filed under ________ are sometimes referred to as the cross-border insolvency cases

3

Court transcripts are usually delivered to:

4

What can an employee do if the employee believes that he or she was unjustly fired?

5

Exhibit 1.1: "Paralegal Job Description" on page 6, describes the role of an entry-level family law paralegal

6

Why might you find it difficult to compute future lost earnings for a plaintiff who was employed sporadically as a waitress?

7

Office services management refers to internal systems and services, including ___________.

8

Original client documents:

9

Discuss the Gramm-Leach-Bliley Act of 1999 as if you were explaining it to a new paralegal or attorney who knows nothing about bankruptcy law

The Gramm-Leach-Bliley Act of 1999, also known as the Financial Services Modernization Act of 1999, 15 U.S.C. §§ 6801-6809, requires financial institutions to limit the disclosure of consumers' personal financial information, to advise consumers of the institution's privacy policies, and to allow consumers to opt out of sharing their personal financial information. Consumers see this law in action every time they receive a privacy notice or privacy policy insert in their bank or credit card statements. The financial institution may disclose such information to its business affiliates, and this provision in the statute is not affected if the consumer selects the opt-out provision. Although consumers may opt out of disclosures to third parties, limited financial information included in the bankruptcy petition and related documents is public record and, unfortunately, bypasses the opt-out provisions of the Gramm-Leach-Bliley Act.

10

A “no contest” clause or penalty clause is also known as:

11

What is the name of an individual hired by the parties to preside over a trial who is often a retired judge?

12

After a bar fight, Helen's father has to spend several weeks recovering; he is not able to work. If Helen sues her father's attackers, she'd have a claim for:

13

Many states allow for the disclosure of biological parents in an adoption

14

The plaintiff, Leandro Rizzuto, climbed a ladder manufactured by the named defendant, Ladders, Inc while shopping at a Buy-It-All store. The ladder collapsed suddenly and the plaintiff fell to the floor, incurring serious physical injuries. The plaintiff filed a product liability action against Ladders and the defendant, Buy-It-All, alleging that the ladder had been manufactured and designed

15

Which of the following is true about state constitutions?

16

If the judge thinks a party who lost the verdict is actually entitled to win as a matter of law, she will enter a(n) _________________

17

A __________ ____________ is a trust that is drafted as part of the testator's will and only becomes effective upon the testator's death

18

Which of the following is not true about foreclosures?

19

Paralegals who own their own businesses and perform specified types of legal work for attorneys on a contract basis are called _______ paralegals.

20

An unfavorable outcome does not necessarily equate with negligence.

21

How can a properly maintained database of client information be used for marketing the firm's services? Give two examples of marketing strategies that would employ the law firm's database

22

The U.S. Constitution is difficult to research because no one has prepared an index to it

23

The purpose of a subsequent client interview is to

24

In general, a professional corporation

25

A promissory note is an agreement by the borrower promising to repay the debt

26

What other elements must be shown by an inventor to obtain a U.S. patent?

27

Finders of lost property take title to the property

28

Maintenance of public records allows the chain of title to be traced to the original land owners

29

In some states, contingency fee percentages are regulated.

30

The current legal environment considers most administrative inspections as searches subject to Fourth Amendment requirements

31

Increasingly, the legal team must work with ____________ in order to use computers and electronic data effectively

32

Define Identity Theft – A computer-era crime.

33

A court reporter finds that by using a scopist, they may

34

Which of the following is something a lawyer may not tell a witness before a trial?

35

Commercial zoning is not as concerned with use intensity as it is with population density.

36

Quasi-judicial is a term applied to the ________ functions of an administrative agency

37

Discuss how OR can affect decisions regarding using cognitive ability tests and banding solutions (and/or other selection issues pertaining to diversity).

Varies. For example, consider the areas of test-score banding discussed in Chapter 8. The traditional approach to staffing decision-making is to use a strict top–down procedure in which selection is made based on who obtained the highest test score(s). However, those involved in staffing decisions face a paradoxical situation because using general cognitive abilities and other valid predictors of job performance leads to adverse impact (Aguinis & Smith, 2007). Consequently, users of selection instruments face what seems to be a catch-22: choosing to use general cognitive abilities tests and risk decreasing the diversity of an organization’s workforce, or choosing to use predictors that will not diminish diversity, but are not as valid as cognitive abilities tests. Based on this description, the situation seems the classical “win–lose” scenario of pitting social versus economic performance in a mutually exclusive manner. As discussed in Chapter 8, test-score banding was proposed as a method to solve this apparent dilemma because it is an alternative to the strict top–down selection strategy that often leads to adverse impact. Banding is based on the premise that an observed difference in the scores of two job applicants may be the result of measurement error instead of actual differences in the construct that is measured. Consequently, if it cannot be determined with a reasonable amount of certainty that two applicants differ on the construct underlying a predictor or criterion score, then there may be little reason to believe that they differ with respect to job performance. In other words, banding groups applicants who have “indistinguishable” scores. Consequently, job applicants who fall within the same band are considered equally qualified for the job in question. Therefore, choices can then be made among these “equivalent” applicants based on criteria other than test scores, such as diversity considerations. The case of test-score banding, although not labeled as such in the HRM literature, is an example of SRM in which the organization considers both economic and social interests.

38

What is the name of the power or authority that a court has to hear a case?

39

In which of the following states must a prospective attorney pass a state bar examination before being admitted to practice?

40

A letter used to try to initiate settlement between two parties is called:

41

What are some key ethical dilemmas facing HR managers in terms of using selection tests?

One of the key questions is “Should the test be used for that purpose?” There are few prescriptions for how to proceed here, but one recommendation is to contrast the potential social consequences of the proposed testing with the potential social consequences of alternative procedures and even of procedures antagonistic to testing (such as not testing at all). Such a strategy draws attention to vulnerabilities in the proposed use and exposes its value assumptions to open debate.
Should individuals be denied access to a test because prior knowledge of test items may decrease the test’s validity? Yes, if the results are used in making decisions about them; no, if the results do not affect them in any way. “Truth in testing” legislation in New York and California requires that college and graduate school entrance tests and correct answers be made public within 30 days after the results are distributed. It also requires testing services to provide a graded answer sheet to students who request it. Someday other laws may affect employment. While the Standards for Educational and Psychological Measurement (AERA, APA, & NCME, 2014) do not require that test items be made public, they do make clear that the individual whose future is affected by a career decision based on test results is among those with a “right to know” the test results used to make the decision. Such information should describe in simple language what the test covers, what the scores mean, common misinterpretations of test scores, and how the scores will be used.

42

Answer the following statements true (T) or false (F)

43

What is the base period for majority of the states?

44

When applying for the informal probate of a will, an applicant must affirm that he/ she is unaware of any instrument that revokes the will.

45

Which of the following law schools is mentioned in the text as having Web sites that provide comprehensive legal research links, resources, and information?

46

Paralegal Julia is drafting a complaint for one of her attorney's clients. She should use

47

According to 11 U.S.C. § 501, to be paid by the trustee in either a liquidation or reorganization bankruptcy, a creditor must file an Official Form B10 ________ form with the bankruptcy court where the case is pending

48

A keeper of a ____________________ animal is strictly liable for damages resulting from dangerous propensities typical of that particular species, while the keeper of a ____________________ animal is strictly liable for damages resulting from a vicious propensity of that particular animal.

49

When there are multiple facts, it is appropriate to condense the facts when stating the issue.

50

A safe-haven law protects a woman from prosecution if she abandons a baby at designated locations such as a hospital or doctor’s office where it can receive immediate medical care.

51

An agency relationship may be created by

52

The generally accepted definition of a(n) ________ is one in which there has been insufficient or incomplete performance of the contract, thus rendering a material breach by either party

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Quiz Preview 10/ Legal Studies & Paralegal - Paralegal Studies

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