INTRODUCTION TO PARALEGALISM-
FINAL EXAM
"subject matter jurisdiction"
- answers-"federal question jurisdiction"
"diversity jurisdiction"
"supplemental jurisdiction"
ACTUS REUS
- answers-Conduct
The action or conduct that is a constituent element of a crime, as opposed to the mental
state of the accused.
ATTORNEY IN FACT
- answers-One authorized to act in place of or for another, often in a business
transaction
BEST EVIDENCE RULE
- answers-To prove the contents of a private (nonofficial) writing, the original writing
should be produced unless it is unavailable
A rule of evidence requiring the "best" evidence of something be admitted at trial. In
most cases, this means the original of a document or object (or a verifiably accurate
copy) must be the one used in court, unless it has been lost or destroyed
COMPARATIVE NEGLIGENCE
- answers-A partial legal defense that reduces the amount of damages a plaintiff can
recover based on the degree to which the plaintiff's own negligence contributed to
causing the injury
COUNTERCLAIM
- answers-A claim that is filed in response to a claim asserted by the opponent
COURT CLERK
- answers-Asks all witnesses to rise, raise their right hand, and take the witness oath
CROSS-CLAIM
- answers-A claim brought by one defendant against another defendant or by one
plaintiff against another plaintiff in the same action
, DEFAULT JUDGMENT
- answers-A judgment against a party for failure to file a required pleading or otherwise
respond to an opponent's claim
DEFINITION OF MURDER
- answers-The unlawful premeditated killing of one human being by another
DIRECT QUESTIONS
- answers-Narratives
Who
What
When
Where
DIVERSITY JURISDICTION
- answers-A form of subject-matter jurisdiction in which a U. S. district court has the
power to hear a civil case where the parties are "diverse" in citizenship, which generally
indicates that they are citizens of different states or non-U.S. citizens. (Corporations, as
legal persons, may also be included.)
In diversity cases, the federal court provides a fair forum where citizens of different
states can have their cases heard.
Also, the minimum amount in controversy must be $75,000
DUTIES ATTORNEYS PROVIDE
- answers-Provide competent representation to clients
Diligence/unwarranted delay
Fees for legal services must be reasonable
Must not engage in criminal or fraudulent conduct
Must not advise client to engage in criminal or fraudulent conduct
Must not bring frivolous claims or frivolous defenses
Shall hold client property separate from attorney's own (no co-mingling)
Must not knowingly make false statements of important or material facts
Must withdraw from a case if client fires the attorney, etc
Must not disclose information relating to representation of a client
FAILURE TO STATE A CAUSE OF ACTION
- answers-Referred to as
a DEMURRER or
a FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED
Failure of a party to allege enough facts that, if proved, would entitle the party to judicial
relief.
FINAL EXAM
"subject matter jurisdiction"
- answers-"federal question jurisdiction"
"diversity jurisdiction"
"supplemental jurisdiction"
ACTUS REUS
- answers-Conduct
The action or conduct that is a constituent element of a crime, as opposed to the mental
state of the accused.
ATTORNEY IN FACT
- answers-One authorized to act in place of or for another, often in a business
transaction
BEST EVIDENCE RULE
- answers-To prove the contents of a private (nonofficial) writing, the original writing
should be produced unless it is unavailable
A rule of evidence requiring the "best" evidence of something be admitted at trial. In
most cases, this means the original of a document or object (or a verifiably accurate
copy) must be the one used in court, unless it has been lost or destroyed
COMPARATIVE NEGLIGENCE
- answers-A partial legal defense that reduces the amount of damages a plaintiff can
recover based on the degree to which the plaintiff's own negligence contributed to
causing the injury
COUNTERCLAIM
- answers-A claim that is filed in response to a claim asserted by the opponent
COURT CLERK
- answers-Asks all witnesses to rise, raise their right hand, and take the witness oath
CROSS-CLAIM
- answers-A claim brought by one defendant against another defendant or by one
plaintiff against another plaintiff in the same action
, DEFAULT JUDGMENT
- answers-A judgment against a party for failure to file a required pleading or otherwise
respond to an opponent's claim
DEFINITION OF MURDER
- answers-The unlawful premeditated killing of one human being by another
DIRECT QUESTIONS
- answers-Narratives
Who
What
When
Where
DIVERSITY JURISDICTION
- answers-A form of subject-matter jurisdiction in which a U. S. district court has the
power to hear a civil case where the parties are "diverse" in citizenship, which generally
indicates that they are citizens of different states or non-U.S. citizens. (Corporations, as
legal persons, may also be included.)
In diversity cases, the federal court provides a fair forum where citizens of different
states can have their cases heard.
Also, the minimum amount in controversy must be $75,000
DUTIES ATTORNEYS PROVIDE
- answers-Provide competent representation to clients
Diligence/unwarranted delay
Fees for legal services must be reasonable
Must not engage in criminal or fraudulent conduct
Must not advise client to engage in criminal or fraudulent conduct
Must not bring frivolous claims or frivolous defenses
Shall hold client property separate from attorney's own (no co-mingling)
Must not knowingly make false statements of important or material facts
Must withdraw from a case if client fires the attorney, etc
Must not disclose information relating to representation of a client
FAILURE TO STATE A CAUSE OF ACTION
- answers-Referred to as
a DEMURRER or
a FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED
Failure of a party to allege enough facts that, if proved, would entitle the party to judicial
relief.
