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Under________ law, one who is injured by another's wrongful or careless act can bring a civil lawsuit against the wrongdoer for damages.


A) civil
B) tort
C) criminal
D) damages

E) C) and D)
F) None of the above

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Mrs. Topp contacts your supervising attorney about representing her in a divorce case. She ultimately decides that she does not want to divorce Mr. Topp and does not hire your supervising attorney. You then mention to a friend that Mrs. Topp was considering a divorce, but has decided against it. You are


A) guilty of violation of the attorney-client privilege.
B) not guilty of violation of the attorney-client privilege because Mrs. Topp never actually hired the attorney.
C) not guilty of violation of the attorney-client privilege because Mrs. Topp did not go through with the divorce.
D) None of these choices is correct.

E) A) and C)
F) None of the above

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Statutes prohibiting the unauthorized practice of law apply to


A) real estate agents.
B) bankers.
C) paralegals.
D) All of these choices are correct.

E) B) and D)
F) A) and B)

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Damages in a civil lawsuit are


A) compensation in the form of money.
B) compensation in the form of services.
C) payments for the lawyer representing the plaintiff.
D) None of these choices is correct.

E) A) and D)
F) B) and D)

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To violate a legal duty by an act or a failure to act is called


A) damage.
B) harm.
C) breach.
D) incompetence.

E) All of the above
F) A) and B)

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What ethical codes and rules regulate the conduct of attorneys, and what are their origins?

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The legal profession is regulated throug...

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________are involved in determining what rules should govern attorneys.


A) Bar associations
B) State supreme courts
C) State legislatures
D) All of these choices are correct.

E) A) and D)
F) B) and C)

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The NALA's Model Standards and Guidelines for the Utilization of Paralegals


A) lists the minimum qualifications that paralegals should have.
B) indicates what paralegals may do.
C) indicates what paralegals may not do.
D) All of these choices are correct.

E) All of the above
F) A) and B)

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In many states, the ultimate regulatory authority is the state


A) trial court.
B) bar association.
C) supreme court.
D) legislature.

E) A) and D)
F) A) and C)

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Attorney-client privilege lasts


A) for one year.
B) for ten years.
C) for five to twenty years, depending on the state.
D) forever.

E) A) and B)
F) A) and C)

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If the___________ rule is violated, information that otherwise might have been protected by the Attorney-client privilege can be used in court, which may be harmful to the client's interests.


A) supervision
B) confidentiality
C) conflicts of interest
D) ethical

E) A) and B)
F) A) and C)

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An attorney should not represent a client if doing so would be directly adverse to another client due to the rule of


A) conflict of confidentiality.
B) conflict of interest.
C) duty of competence.
D) duty of confidentiality.

E) A) and B)
F) B) and C)

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B

Mrs. Jones comes to attorney Nelson's office and asks him to represent her in a divorce. Before leaving the office, Mrs. Jones tells attorney Nelson that if her husband calls to find out if she is divorcing him, attorney Nelson is to "go ahead and tell him that she is." This is an example of which of the following?


A) Client confidentiality
B) Client consenting to disclosure of confidential information
C) An impliedly authorized disclosure of confidential client information
D) All of these choices are correct.

E) B) and C)
F) A) and D)

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Which of the following might prevent a prospective attorney from being permitted to practice law?


A) An illegal act committed by the candidate in the past
B) A bad grade in an important course in law school
C) Marital status
D) Sexual orientation

E) A) and D)
F) B) and C)

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Describe the entities that have adopted guidelines for the utilization of paralegals and, briefly, the content of their guidelines.

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The NALA, the ABA, and many of the states have adopted guidelines for the utilization of paralegal services. These guidelines were created in response to questions concerning the role and function of paralegals within the legal arena that had arisen in earlier years, including the following: What are paralegals? What kinds of tasks do they perform? What are their professional responsibilities? How can attorneys best utilize paralegal services? What responsibilities should attorneys assume with respect to their assistants' work? The NALA's Model Standards and Guidelines for the Utilization of Paralegals provides guidance on several important issues. It begins by listing the minimum qualifications that legal assistants should have and then, in a series of guidelines, indicates what paralegals may and may not do. The ABA's Model Guidelines for the Utilization of Paralegal Services indicates, among other things, the types of tasks that a lawyer may not delegate to a paralegal and, generally, the responsibilities of attorneys with respect to paralegal performance and compensation. Most states have adopted some form of guidelines concerning the use of legal assistants by attorneys, the respective responsibilities of attorneys and legal assistants in performing legal work, the types of tasks paralegals may perform, and other ethically challenging areas of legal practice. Although the guidelines of some states reflect the influence of the NALA standards and guidelines, the state guidelines focus largely on state statutory definitions of the practice of law, state codes of ethics regulating the responsibilities of attorneys, and state court decisions. Paralegals should be sure to become familiar with their state's guidelines.

Paralegals must disclose their status as__________ at the outset of any professional relationship with a client, other attorneys, a court or administrative agency, or members of the general public.


A) paralegals
B) professionals
C) licensed
D) certified

E) A) and C)
F) None of the above

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New York still follows the


A) Model Code of Professional Responsibility.
B) Ethical Considerations.
C) Model Rules of Professional Conduct.
D) Disciplinary Rules.

E) B) and C)
F) A) and B)

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A

State bar examinations test knowledge of which of the following?


A) State law
B) Multistate law
C) Statistics
D) State law and multistate law

E) None of the above
F) B) and C)

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Which of the following tasks may a paralegal perform?


A) Interview clients
B) Interview witnesses
C) Draft legal documents for attorneys' signatures
D) All of these choices are correct.

E) B) and C)
F) All of the above

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Which of the following are paralegals allowed to do?


A) Engage in, encourage, or contribute to any act that could constitute the unauthorized practice of law
B) Establish attorney-client relationships
C) Give legal opinions or advice
D) None of these choices is correct.

E) A) and B)
F) None of the above

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