Paralegal Test 1 Study Guide questions & answers graded A+ 2023

Paralegal Test 1 Study GuideWhat is a paralegal? - correct answer A person who is qualified through education, training, or work experience and is employed by a lawyer, law office, governmental agency, or other entity to work under the direction of an attorney in a capacity that involves the performance of substantive legal work that usually requires sufficient knowledge of legal concepts and would be performed by the attorney in the absence of the paralegal. quid pro quo sexual harassment (Intro Pg. 147) - correct answer a form of sexual harassment in which employment outcomes, such as hiring, promotion, or simply keeping one's job, depending on whether an individual submits to sexual harassment hostile environment sexual harassment(Intro Pg. 147) - correct answer Pervasive unwelcome sexual conduct or sex-based ridicule that unreasonably interferes with an individual's job performance or that creates an intimidating hostile, or offensive working environment, even if no tangible or economic consequences result. 6 ways paralegals can be regulated: - correct answer (1)Criminal liability for violating the statutes on unauthorized practice of law (UPL) (2) Special authorization rules on practice before administrative agencies and other tribunals (3)Licensing (4)Certification (5)Labor laws (6)Tort Laws Respondeat Superior - correct answer "Let the master answer" an employer is vicariously liable for the behavior of an employee working within his or her scope of employment Vicarious Liability - correct answer The legal doctrine under which a party can be held liable for the wrongful actions of another party. Fair Labor Standards Act - correct answer The federal statute regulates conditions of employment such as when overtime compensation must be paid. Torts - correct answer wrongful acts for which an injured party has the right to sue Certification - correct answer A voluntary program run by a nongovernmental organization to recognize individuals meeting the qualifications of the organization. -Formal acknowledgment by a nongovernmental organization that someone has met designated qualifications such as: (1) Graduating from a school or training program. (2) Passing an examination. (3) Completing a designated period of work expeirence. jail house lawyer - correct answer an inmate trained in law or otherwise educated who helps other inmates prepare legal briefs/ services and appeals if the institution does not provide adequate alternatives to such services. -Also called "writ writer". license - correct answer Government permission to do something that would otherwise be unlawful. -A license serves as a measure of assurance (although not a guarantee) that license holders are competent to perform their specialized and often technical services. Negligence - correct answer The failure to use reasonable care that an ordinary prudent person would have used in a similar situation, resulting in injury or other loss. Statute of Limitations - correct answer a law that restricts the period of time within which an action may be brought to court Malicious Prosecution - correct answer A tort in which one person wrongfully subjects another to criminal or civil litigation for the sole purpose of causing problems for that other person, often in retaliation for previous litigation between the two.