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INSTRUCTOR RESOURCES TO TESTBANK for The Litigation Paralegal A Systems Approach , McCord 7th Edition - Instant Download TESTBANK

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INSTRUCTOR RESOURCES TO TESTBANK for The Litigation Paralegal A Systems Approach , McCord 7th Edition - Instant Download TESTBANK

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,TESTBANK for The Litigation Paralegal A Systems
Approach, 7th Edition James W. H. McCord
Notes
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,Name: Class: Date:

Chapter 01 Welcome to the Law Office
Foundations for Litigation
1. The partners who have been with the firm the longest and often have the greatest ownership share are the
a. senior associates.
b. associates.
c. senior partners.
d. counselors.
ANSWER: c
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:07 AM
DATE MODIFIED: 1/23/2023 8:25 PM

2. A lawyer who works for a firm and is salaried, but is not yet a partner in the firm is a(n)
a. associate.
b. paralegal.
c. law clerk.
d. legal aide.
ANSWER: a
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:08 AM
DATE MODIFIED: 1/23/2023 8:25 PM

3. The process whereby one person sues another person in a court of law to enforce a right or to seek a remedy such as
financial compensation is
a. malpractice coverage.
b. civil litigation.
c. criminal litigation.
d. tort law.
ANSWER: b
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:09 AM
DATE MODIFIED: 1/23/2023 8:26 PM

4. An intellectual property case is likely to deal with issues related to
a. negligence
b. civil rights
c. products liability
d. copyright

Copyright Cengage Learning. Powered by Cognero. Page 1

,Name: Class: Date:

Chapter 01 Welcome to the Law Office
Foundations for Litigation

ANSWER: d
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:10 AM
DATE MODIFIED: 1/23/2023 8:26 PM

5. An incident of a seatbelt not restraining a passenger during a car crash because of faulty parts might lead to a
a. contract case.
b. civil rights case.
c. corporation case.
d. product liability case.
ANSWER: d
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:11 AM
DATE MODIFIED: 1/23/2023 8:26 PM

6. A paralegal is valuable to a law firm because a
a. paralegal will make a good partner.
b. paralegal’s time is billed at the same rate as an attorney’s.
c. paralegal is not bound by ethical standards.
d. paralegal can help the law firm efficiently deliver legal services to more people.
ANSWER: d
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:12 AM
DATE MODIFIED: 1/23/2023 8:26 PM

7. Keeping track of how you spend your time in the law office
a. is called docket control.
b. is called disbursement entry.
c. may be done online.
d. is the responsibility of your supervising attorney.
ANSWER: c
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:13 AM
DATE MODIFIED: 1/23/2023 8:27 PM
Copyright Cengage Learning. Powered by Cognero. Page 2

,Name: Class: Date:

Chapter 01 Welcome to the Law Office
Foundations for Litigation


8. Under task-based billing, clients are charged
a. for the number of hours required by a task.
b. a set fee for a particular task.
c. only if the case is won.
d. for the attorney’s work, but not the paralegal’s work.
ANSWER: b
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:41 AM
DATE MODIFIED: 1/23/2023 8:27 PM

9. A fee paid upfront to secure legal services is called
a. a contingency fee.
b. value billing.
c. flat-fee billing.
d. a retainer fee.
ANSWER: d
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:41 AM
DATE MODIFIED: 1/23/2023 8:27 PM

10. Electronic billing
a. provides instant client access to billing information.
b. is the cost of a firm’s Internet access.
c. helps the firm cut costs.
d. only involves attaching a bill to e-mail.
ANSWER: a
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:43 AM
DATE MODIFIED: 1/23/2023 8:28 PM

11. The limitation of legal representation to one step in a multiple-step process is
a. multijurisdictional practice.
b. always unethical.
c. unbundling legal services.
d. task-based billing.

Copyright Cengage Learning. Powered by Cognero. Page 3

,Name: Class: Date:

Chapter 01 Welcome to the Law Office
Foundations for Litigation

ANSWER: c
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:44 AM
DATE MODIFIED: 1/23/2023 8:28 PM

12. The benefit of a client portal is that
a. it is subject to discovery in the course of litigation.
b. it enables lawyer and client to securely exchange information online.
c. it has become the standard way to store legal files remotely on servers that are accessed through the Internet.
d. it allows the public to easily access information about the firm’s cases.
ANSWER: b
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:45 AM
DATE MODIFIED: 1/23/2023 8:28 PM

13. A litigation system binder is least helpful to the paralegal in
a. saving time.
b. assisting with unique and irregular tasks.
c. preparing for the job.
d. saving effort.
ANSWER: b
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:45 AM
DATE MODIFIED: 1/23/2023 8:28 PM

14. Paralegals may
a. give legal advice to a friend.
b. accept cases for the firm.
c. represent clients at federal administrative hearings.
d. split fees with an attorney.
ANSWER: c
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:46 AM
DATE MODIFIED: 1/23/2023 8:29 PM
Copyright Cengage Learning. Powered by Cognero. Page 4

,Name: Class: Date:

Chapter 01 Welcome to the Law Office
Foundations for Litigation


15. Ethical responsibility in a law firm rests with
a. attorneys only.
b. the senior partner only.
c. paralegals only.
d. all employees.
ANSWER: d
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:47 AM
DATE MODIFIED: 1/23/2023 8:29 PM

16. To avoid the unauthorized practice of law, the paralegal’s work
a. must be delegated by an attorney.
b. must not include drafting documents.
c. must not involve the client.
d. must be kept separate from the attorney’s work.
ANSWER: a
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:48 AM
DATE MODIFIED: 1/23/2023 8:29 PM

17. A conflict of interest occurs when a paralegal assists
a. on a case for a bank where the paralegal has an account.
b. an attorney representing his or her family.
c. on a case against a store in which the paralegal occasionally shops.
d. on a case against a good friend.
ANSWER: d
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:49 AM
DATE MODIFIED: 1/23/2023 8:39 PM

18. Conflicts of interest are unethical because they
a. diminish the professional’s allegiance to the client.
b. cause clients to put too much trust in professionals.
c. are the main cause of double billing.
d. pit stronger corporate clients against weaker private ones.

Copyright Cengage Learning. Powered by Cognero. Page 5

,Name: Class: Date:

Chapter 01 Welcome to the Law Office
Foundations for Litigation

ANSWER: a
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:50 AM
DATE MODIFIED: 1/23/2023 8:39 PM

19. Confidentiality would be at risk in the
a. office reception area with the paralegal, client, and the client’s mother-in-law present.
b. paralegal’s office with the paralegal and the client alone.
c. paralegal’s office with the paralegal, client, and supervising attorney present.
d. client’s home with the client and paralegal alone.
ANSWER: a
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:51 AM
DATE MODIFIED: 1/23/2023 8:39 PM

20. Disclosure of confidential information is always unethical when the
a. client consents in writing.
b. disclosure is necessary to prevent death.
c. disclosure is to an attorney not involved in the case.
d. disclosure is necessary to prevent financial injury by fraud.
ANSWER: c
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:52 AM
DATE MODIFIED: 1/23/2023 8:40 PM

21. An intermediate appellate court
a. is the court of final review.
b. has original jurisdiction.
c. stands between the trial court and the court of final review.
d. does not have subject matter jurisdiction.
ANSWER: c
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:53 AM
DATE MODIFIED: 1/23/2023 8:40 PM
Copyright Cengage Learning. Powered by Cognero. Page 6

,Name: Class: Date:

Chapter 01 Welcome to the Law Office
Foundations for Litigation


22. Most court cases are resolved in the
a. trial court.
b. intermediate appellate court.
c. highest appellate court.
d. U.S. Supreme Court.
ANSWER: a
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:54 AM
DATE MODIFIED: 1/23/2023 8:40 PM

23. A court of general jurisdiction
a. hears military cases only.
b. usually has appellate jurisdiction only.
c. is common to the federal court system.
d. is common to the state court system.
ANSWER: d
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:55 AM
DATE MODIFIED: 1/23/2023 8:40 PM

24. When a judge or jury attempts to answer the question “what happened?” it is trying to answer a question of
a. law.
b. fact.
c. venue.
d. jurisdiction.
ANSWER: b
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:56 AM
DATE MODIFIED: 1/23/2023 8:41 PM

25. A U.S. district court can have _____ jurisdiction.
a. general
b. diversity
c. appellate
d. unlimited subject matter

Copyright Cengage Learning. Powered by Cognero. Page 7

, Name: Class: Date:

Chapter 01 Welcome to the Law Office
Foundations for Litigation

ANSWER: b
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 4:59 AM
DATE MODIFIED: 1/23/2023 8:41 PM

26. A court has personal jurisdiction
a. when a summons and complaint are served.
b. when a warrant is served.
c. over everyone in its district.
d. over everyone named in an action brought in its district.
ANSWER: a
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 5:01 AM
DATE MODIFIED: 1/23/2023 8:41 PM

27. The jurisdictional amount
a. can determine in which court a case can be tried.
b. is the attorney’s fee.
c. is the same in all courts.
d. can be waived for indigents.
ANSWER: a
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 5:01 AM
DATE MODIFIED: 1/23/2023 8:41 PM

28. Sovereign immunity
a. protects foreign leaders from prosecution when they visit the United States.
b. protects government employees from being sued for exercising their constitutional duties.
c. is an out-of-date concept that American courts have abandoned.
d. is the power of one state to protect property from lawsuits arising in another state.
ANSWER: b
POINTS: 1
QUESTION TYPE: Multiple Choice
HAS VARIABLES: False
DATE CREATED: 1/18/2023 5:02 AM
DATE MODIFIED: 1/23/2023 8:42 PM
Copyright Cengage Learning. Powered by Cognero. Page 8

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