Exam Review

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Author:
kikicutler
ID:
31847
Filename:
Exam Review
Updated:
2010-08-30 10:11:45
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Ortega
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Description:
Civil litigation
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  1. billable hours
    the time spent on a client's case that can be billed
  2. civil litigation
    the process whereby on e person sues another person in a court of law to enforce a right
  3. domicile
    a person's true, permanent home
  4. electronic billing
    the posting of billing information by the law office
  5. jurisdictional amount
    specific dollar amount
  6. legal advice
    independent professional judgment based on knowledge
  7. litigation system
    a detailed procedure manual that is a chronological collection
  8. professional ethics
    for attorney's
  9. venue
    neighborhood
  10. substantive law
    law that defines the duties owed by one person to another
  11. statute of limitations
    law stating the time limit in which an action must be filed
  12. duty
    in tort law, due care owed by one person to another
  13. proximate clause
    in tort law, the cause-and-effect relationship
  14. contingent fee
    legal fee for representative based n a percentage of the award won nby the plaintiff
  15. procedural law
    law that defines the rule annd steps that must be followed in a lawsuit
  16. leading question
    question phrased in such a manner as to suggest the desired answer
  17. admissable evidence
    evidence that maybe presented in court cuz it complies w the rules of evidence
  18. affirmative defense
    defense showing that the defendant is not liable
  19. best evidence rule
    rule that allows ony the original document or item to be admitted
  20. material
    of consequences to the determination of the action
  21. presponderance of the evidence
    evidence that is more convincing to the trier than the opposing evidence
  22. relevant
    admissable in court, of consequences to the determination for the action
  23. testimonial evidence
    spoken or signed
  24. proof beyond reasonable doubt
    proof that is strong
  25. real evidence
    the thing itself
  26. judicial notice
    admission of evidence w out authentication
  27. a good review form
    requires specific info on damages
  28. a paralegal should not rely entirely on model interview forms because they
    do not always allow for the uniqueness of the individual case
  29. a good source for researching the elements of a cause of action or defense
    state or federal jury instruction book
  30. in regard to scheduling the initial interview, it is best to
    leave it open ended to provide flexibility and an unhurried environment
  31. fee agreements
    require the client's signature
  32. doctors or others holding confidential information are authorized
    release forms
  33. example of good interview question
    how long did it take you to cross road?
  34. professional ethics require the paralegal
    to keep client info confidential
  35. typically, at the initial interview the client should sign a
    medical information release
  36. the interview sumamry is helpful for
    quick review of facts
  37. statute of limitations on a personal injurycase
    2 yrs
  38. what is an authorization for Release of Info form
    form that the client sign for all doctors or hospitals, provide care and are involved in the accident
  39. an incedent of food poisoning might lead to a
    products liability case
  40. a paralegal is valuable to a law firm because
    paralegal can help the law firm effeciently deliver legal services to more people
  41. task based billing
    a set fee for a particular task
  42. retainer fee
    fee paid upfront to secure legal services
  43. unbundling legal services
    the limitation of legal representation to one step in a multi-step process is
  44. professional telephone use includes
    repetition of facts
  45. litigation is least helpful to paralegal in
    preparing for the job
  46. disclosure of confidential information is always unethical when the
    disclosure is necessary to prevent financial injury by fraud
  47. a court of general jurisdiction
    is common to the state court system
  48. a court has personal jurisdiction
    when a summons and complaint are served
  49. jurisdictional amout
    can determine in which court a case can be tried

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