Legal Office Procedures (BPA)

137 Terms

Which of the following job duties would you NOT be expected to preform as a lawyer's assistant?

Give legal advice

Which of the following would be the best way to keep a list of the firm's clients with their contact information, case matters, and other personal information

Database

Which of the following sets of words is usually keyed in all capital letters?

Ordered and Judged

Lawyers use legal research for which of the following?

To answer clients questions

A(n) __________ is a written notation that refers to legal authorities such as statutes and case law and printed documentation

Citation

Which of the following best describes the difference between civil law and criminal law?

Civil law usually involves an individual who is seeking damages, and criminal law usually involves prosecution of someone accused of committing a crime.

The authority of a court to hear and adjudge a case is referred to as the court's __________?

jurisdiction 1

The legal practice of preparing client matters that are handled in the courts is referred to as

Litigation

In litigated cases, the documents lawyers create to ask the other party questions are called?

interrogatories

People or companies who are involved in a lawsuit are referred to

Litigants

Which if the following sentences contains an error that **spell check will fail to find**?

Our firm hired two new trail attorneys last month

Which of the following is an online legal research tool?

Westlaw

When an attorney represents a client who is **too poor** to pay for legal services, it is referred to as a _________ representation?

Pro se

Probate Courts handle what types of matters?

Administration of wills

Which computer application software would a lawyer's assistant be expected to know and use?

Word Processing, Spreadsheets, and Calendaring

A capital case is one where where the maximum penalty is a death sentance

True

Client confidentiality is critical in a legal office; however, it is generally acceptable for an attorney's assistant to discuss confidential information with his or her spouse.

False

It is the job of the office IT employee(s) to ensure network and computers security, so document security is not a concern for the lawyers assistant

False

Attorneys are required to uphold the ABA Code of Professional Responsibility

True

A notary public is a person who files documents with the court

False

Every private practice attorney or law firm is required to have a separate bank account to keep clients money in trust

True

Federal courts decide civil actions but not criminal actions

False

Motions are prepared by judges and orders are prepared by lawyers

False

Grand juries are convened for both civil and criminal actions

False

Corporations can own only real estate, but individuals can own personal property and real estate

False

Leave of court is the permission the court grants to preform an action

True

Court documents are typically single spaced

False

Sole proprietorships are small businesses owned by only one corporation

False

A writ is an order of the court

True

Courts make divorce decisions based on state law

True

When a person signs a will or trust, the document is said to be executed

True

System of filing that uses a persons or a company's name as the indicator and where files are stored in alphabetical order

Alphabetic

System of filing that uses assigned numbers in a strait sequential order. Each new file opened is given next to the number

Numeric

System of filing that uses an main number plus an extension. Each new file opened for an existing client uses the assigned client number plus the extension number

Terminal Digit

Keep track of appointments, deadlines, and projects on this system that can be shared electronically with others

Electronic Calendar

to prepare a slide show for illustrating and showing information to clients, use this software program

Presentation Software

Input attorney billable hours to compile into accurate fee statements for clients using these types of software programs

Time and billing software

Use this software feature to edit all instances of a client's misspelled name to the correct spelling

Find and Replace

Use this software feature to change from portrait to landscape

Page Orientation

Use this software feature to include information on each page, such as a page number

Header and Footer

what term describes a log containing chronological case entries of court proceedings?

Docket

What term describes representing oneself rather than hiring an attorney

pro se

What term describes a person authorized by law to administer oaths, collect statements, at witness signatues

Notary Public

An attorney's trust account holds funds that?

belong to someone else

What term describes a person or an entity named in a will to administer the estate?

Personal Representaive

In criminal law, the guarantee that the accused will receive a fair and impartial trial is?

Due Process

Someone involved in a lawsuit is called

Litigant

Which error will not be found with spell check FAIL

The the filed lawsuit

What is an order by the court that stops an individual or individuals from taking actions?

Injunction

What is the term for a jury that is kept separated from outside influences during a trial?

Sequester

When a witness repeat information that they were told by someone, that is they were not personally present to hear it, the second-hand information is called?

hearsay

What is the term for an individual who sues on behalf of an entire group? For this to occur, the court must find that all members have certain facts in common.

Class Action

What is certified mail?

A piece of first-class mail which provides proof of mailing and delivery without indemnity for loss or damage

What does document management software do?

Helps with the naming of law and office documents as well as, creates unique document numbers to help locate documents while following some standardized programming instructions.

What term describes an action taken in a case upon the application of one party alone?

Ex Parte

What term describes law that has evolved from custom and judicial precedent?

Common Law

What is the correct citation abbreviation for the American Jurisprudence, Second Series?

Am. Jur. 2d

The Federal Communications Commissions (FCC) licences and regulates?

Interstate and foreign communications

What is the citation abbrivation for the United States Code?

U.S.C.

Evidence is defined as?

Testimony, writings, or material objects offered as proof of an alleged fact or proposition

Which of the following is NOT a pleading

E-Mails pertinent to the case

A deposition can be defined as?

Testimony of a witness or a party taken under oath outside the courtroom

A response to a complaint is called?

An Answer

What us the term for an intentional false verbal communication that injuries another's reputation or good name?

Slander

What term describes the formal giving or pronouncing of a judgement or decree in a cause

Adjudication

What term describes when a lawyer's judgement is affected by influence other than the clients best interests?

Conflict of Interests

What is the term describes work for legal services done or preformed free of charge?

Pro Bono

Your attorney, Mr. Johnson handed your client check and asked you to deposit in the firm's operating account. You know that the client does not have a bill outstanding with your firm. You should?

Remind Mr. Johnson that the client does not yet have a bill outstanding and ask if he meant the client trust account

What is an affirmation?

A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain instances

What computer programs are used by an law office?

Automated Calendaring Systems, Database Programs, Word Processing Programs W

What are the 3 different styles of pleading paper?

Blank Format, California Format (line numbering), an Left and Right ruled margins

What kind of errors will spell check find?

Double occurrences of a word, misspelled words, irregular case

What are the two most common computer assisted legal research tools?

Lexis and Westlaw

The family and Medical Leave Act applies to?

Companies with 50 or more employees

Megan was employed by a large company, Her supervisor told her to falsify government reports. She refused and was fired. She sued for wrongful discharge, Her employer claimed that, since Morgan was an at-will employee, she had no legal right to claim the company was liable for damages. Is the employer right?

No. Though at-will employees do not have extensive rights relative to job security, they may not be legally fired for refusing to preform an illegal act.

What is a decision by a higher court finding that a lower court decision was an error?

Overrule

What is an action brought by one private party against another to resolve a controversy?

Civil Action

What is the term for the power of a court to hear and try a case or the geographic area in which a court has power of the types of cases it has the power to hear?

Jurisdiction

What term describes an order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal?

Writ of Certiorari

What term describes law that has evolved from earlier decisions of courts?

Common Law

Typically, what are the four parts of the complaint?

Caption, opening paragraph, allegations and claims, prayer and verification

The reference of a dispute to an impartial (third) person chosen by the parties who agrees in advance to abide by the arbitrator's award issued after hearing at which both parties have an opportunity to be heard is referred to a/am?

Arbitration

A command to appear at a certain time and place to give testimony and to bring items specified therein is referred to as a?

Subpoena duces tecum

What is the term for an intention false communication published that injures another's reputation or a good name?

Defamation

What is NOT a defense to an intentional tort?

Risk

Which pleading does not start a criminal proceeding?

Interrogatory

A person who is appointed by a court to represent a minor or incapacitated person in a legal proceeding is a/an

Guardian ad Iitem

What term describes a formal written contract effectuating the sale and conveyance of property by the seller to the buyer for a price?

Deed

An intrusion on the property of another is referred to as a/an

Encroachment

What term describes such items as curbs, gutters, sidewalks, street lights, and sewer systems constructed to enhance development of real estate?

Improvement

A written instrument that grants and interest in real property to provide security for the repayment of debt is referred to as a?

Mortgage

What term describes land and what ever is attached or affixed to it? Generally, this term is synonymous with the words "real property" or "immovable Property'

Real Estate

This term represents a form of ownership by which property is held by two or more persons, each with an undivided ownership with a right of survivorship. The owner's interest passes to the heirs upon their death.

Tenancy in Common

What is the name of the witness clause in a will

Attestation Clause

An amendment either to add or delete provisions of a will that is executed with all formalities of a will is referred to as a/an

Codicil

The person designated in a will or appointed by the court to manage the affairs and/or care for the needs of a minor or disabled person is referred to

A guardian

A strait or liquidated bankruptcy is referred to as a

Chapter 7

Meryle Ann's mother recently died and did not leave any type if will for her estate. In order to properly divide her mother's estate among her and her brothers, Meryle Ann will hire a lawyer to handle this case. In which specialty area should she seek to find a lawyer?

Civil Case law Probate

PLS stands for

Professional Legal Secretary

Another term for used "signing" a document is

Executing the document