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Paralegal Today The Legal Team At Work 7th Edition Roger LeRoy Miller Mary Meinzinger - Solutions

3. Does the case law you located in Question 2 have any effect on the applicability of the statute? Does it provide precedent that might be used by Ms. Consumer?
2. Does the search retrieve case law on deceptive trade practices? If not, how do you locate case law from the U.S. district courts and courts of appeals for this statute?From the United States Supreme Court?
1. Are you able to locate a similar version of a state statute that provides legal protection similar to that of the Federal Trade Commission? If so, what remedy does it offer to Ms. Consumer?
4. You are working as a paralegal for a probate and estate planning law firm. One of the firm’s clients died and now you have to locate all of the heirs. One is a 28-year-old nephew, whose last known address is a college dorm, according to the records that you have. This nephew was orphaned at
3. Do a Google Scholar search for articles about tobaccoproducts manufacturers’ liability when cancer results from the use of their products. How many items did your search retrieve? Print the first two pages of your result to submit to your instructor.
2. If you did the research assignment in the Chapter 7 Practice Questions and Assignments question 6 or 7, Shepardize one of the cases that you found, using Shepard’s in print. Is the case still good law, or has it been reversed or overruled? How can you tell? How many citing cases are there? If
1. Go to usa.gov and locate the website for the Federal Trade Commission (FTC). Click on the link to the FTC site. Answer the following questions about weight-loss products:a. Where would you go to file an online complaint with the FTC about a weight-loss product? Paste the Web link to the
1. Tony is doing research for his supervising attorney to include in a brief that has to be filed with the court of appeals by 5 p.m. today. He finds a case that is on point and provides the exact support needed for their argument.In his haste to summarize the case and get it into the brief, Tony
5. List and briefly describe the dominant fee-based online legal research database services. Do the same for the alternative online legal research databases.
4. What is KeyCite? How can Westlaw be used to stay current on the law? Does Lexis have an online citator?Describe two ways in which you can search databases on Lexis and Westlaw.
3. What kinds of legal resources can be accessed at various government sites?
2. List five free legal resources that can be accessed via the Internet.
1. What questions should you ask yourself before going online to perform legal research?
2. Go to the Cornell University Law School’s Legal Information Institute website at www.law.cornell.edu.Browse through the page that opens, and then answer the following questions:a. Scroll down to “Legal Resources.” What types of primary sources can you access? Are there any secondary
1. Run a Google search for law libraries in your area that are open to the public. Make arrangements to visit a law library. If tours of the library are offered, try to take a tour.
7. If you concluded that Ms. Consumer should pursue a state law remedy, research the answer to Ms. Consumer’s problem in your state’s law. Provide the citations to the relevant state statute sections and no more than three cases explaining Ms. Consumer’s legal rights and the action she should
6. Using the annotated version of the federal statutes, look for relevant case law annotations on Ms. Consumer’s legal problem in the notes of decisions following the relevant statutory section. If there is not an annotated version of the federal statutes in your library, if no cases appear
5. After you have analyzed the facts of Ms. Consumer’s legal dilemma, made a list of legally and factually relevant terms, and reviewed a secondary source as described in the preceding question, can you find a citation to the federal law governing this topic? If so, locate the volume needed in
4. Ms. Consumer bought a weight-loss tea, advertised as“the dieter’s secret weapon,” that guaranteed weight loss of 17 pounds and 16 percent of body fat in just 12 weeks without diet or exercise. This offer was appealing because Ms. Consumer’s job and family commitments left her with no
3. Ana returns home from a business trip to find that her house has been ransacked. Her former boyfriend, Jason, had a key, but when they broke up he returned it.Ana’s neighbors tell her that someone matching Jason’s description stayed at Ana’s house while she was away and had a loud party
2. Identify the title number, code abbreviation, and section number for the following statutory citations:a. 42 U.S.C. Section 1161(a).b. 20 C.F.R. 404.101(a).
1. Identify the case name, volume number, reporter abbreviation, page number, and year of decision for each of the following case citations, including the parallel citations:a. Towe v. Sacagawea, Inc., 246 Or.App. 26, 264 P.3d 184 (2011).b. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16
6. Describe how statutes are published. What is the name of the official code containing the statutes of the U.S.government? What are the parts of a statute’s citiation?
5. List and briefly describe the components of a reported case. Which part should you focus on when analyzing a case? How do you brief a case? What is the purpose of briefing a case? What should be included in a case brief?
4. List and identify the various parts of a case citation.How do citations help you locate a case?
3. What is the definition of a primary source of law? A secondary source of law? How are these sources used in legal research?
2. What is the difference between a case on point and a case on “all fours”? Why is finding either of these important when researching case law?
1. What is binding authority? Persuasive authority?
1. The American Arbitration Association (AAA) is the largest provider of alternative dispute resolution services in the country. To learn more about ADR procedures, go to www.adr.org, the home page for the American Arbitration Association. Browse through the site’s offerings and find the answers
4. Using the materials presented in the chapter, identify the following methods of alternative dispute resolution:a. The parties to a divorce meet with a neutral third party who emphasizes points of agreement and proposes solutions to resolve their dispute. After several hours, the parties reach a
3. Marcella, who is from Toledo, Ohio, drives to Troy, Michigan, and shops at a popular mall. When leaving the parking lot, Marcella runs a red light while texting and causes an accident resulting in personal injuries to the driver of the other vehicle. On what basis could a Michigan court obtain
2. Look at Exhibit 6.4 on page 157 and answer these questions:• How many federal circuits are there?• In which federal circuit is your state located?• How many federal judicial districts are located in your state? In which federal district is your community located?
1. Identify each of the following courts. If not indicated, specify whether it is a state or federal court.a. This state court has general jurisdiction over civil and criminal cases and takes testimony from witnesses and receives evidence.b. This court has appellate jurisdiction and is part of a
6. Describe the various methods of alternative dispute resolution.
5. Describe the procedure for cases to reach the United States Supreme Court.
4. How do the functions of a trial court differ from the functions of an appellate court?
3. How do original and appellate jurisdictions differ? The relationship between state and federal jurisdiction is an example of what type of jurisdiction?
2. Describe the types of cases over which federal courts exercise jurisdiction.
1. Define jurisdiction. Define venue. What is the difference between personal jurisdiction and subject-matter jurisdiction?What is a long arm statute?
1. Go to Google Scholar at www.scholar.google.com.Search for the United States Supreme Court case Riley v. California in the search box. Select “case law” right below the search box. Click on the opinion and answer these questions:a. What is the citation to the case? What does each item in the
4. Identify the constitutional amendment being violated in the following bypothetical situationsa. A state imposes the death penalty on a 17-year-oldb. The federal government apprcases political specch based on the speaker's identity as a corporation C. The police decide that became a home is
3. they were racing and not watching where they were going As a scale of the teenagers' sondnet, Mes Sams broke her hip, and according to her doctor, she will never walk normally again. Mrs. Sam's attoract files it against the teenagers for damages.d. Joseph Barnce a uncated and charged with the
2. Identify the type of law (common law, constitional law, statutory law, or administrative lam) that applics in cach of the following sonariosa. LaToya strongly disagrees with the US go ment's decision to declare war on a foreig She place an antiwa siga in the window of bes home. The city passes
1. In the following hypothetical situations, identify the semedy being sought and whether it is a remedy at law or a remedy in equitya. Brianna files a petition with the const. She is seeking compcanation from Tiera, who failed to deliver new forniture as promised. D. Joan sacs Bob, accking to be
5. What is the supremacy clause and where is it located?Briefly summarize each article of the Constitution.What is the Bill of Rights?
4. What is a statute? How is statutory law created? What is the difference between a statute and an ordinance?What happens when a state statute conflicts with a federal statute?
3. What remedies were originally available from courts of law? Courts of equity? How did courts of equity evolve?Are the courts of law and equity still separate?
2. Why is the doctrine of stare decisis the cornerstone of American common law, and what is its relationship to binding authority? May courts depart from precedent?What is a case of first impression?
1. Define law. What are the primary sources of American law?
2. Go to www.legalzoom.com and click on “LLC.”Generally, what product(s) and guarantee(s) does LegalZoom provide?a. What legal services are offered at the three different pricing options?b. Describe how an LLC is created by LegalZoom. Is any information given about whether an attorney files the
1. Access your state’s rules online to learn the requirements for becoming licensed to practice law in your state. In addition, find out how your state defines the unauthorized practice of law. Do your state’s rules differ from the requirements mentioned in the text? If so, how?
6. According to this chapter’s text, which of the following tasks can a paralegal legally perform?a. Provide legal advice to clients in the course of helping them prepare divorce pleadings.b. Interview a witness to a car accident.c. Represent a client in court.d. Set legal fees.e. Work as a
5. A paralegal experienced in employment discrimination law was hired by an attorney to develop a practice requiring appearances before both the state discrimination agency and the EEOC. The paralegal had previously advocated for clients before this state agency as permitted by state law. The
4. Matthew Hinson is a legal technician. He provides divorce forms and typing and filing services to the public at very low rates. Samantha Eggleston uses his services.She presents him with her completed forms, but she has one question: How much will she be entitled to receive in monthly
3. Which of the following actions should you take as a paralegal to avoid charges of engaging in the practice of law?a. Include the title “paralegal” when signing letters and e-mails.b. Introduce yourself without using your title in meetings with clients.c. Include the title “paralegal” on
2. Using the material presented in the chapter on conflicts of interest, determine which type of conflict of interest is presented in the situations below:a. A lawyer has a case pending before the state supreme court, advocating that divorced parents must obtain court permission for their children
1. In which of the following instances may confidential client information be disclosed?a. The client in a divorce case threatens to hire a hit man to kill her husband because she believes that killing her husband is the only way that she can stop him from stalking her. It is clear that the client
2. The law firm of Dover, Cleary and Harper decides to store all of its data in the cloud and enters into a contract with Cloud Service Provider for data storage. The firm does not mention its conversion to cloud storage to any of its clients. Six months later an employee of the Cloud Service
1. Norma Sollers works as a paralegal for a small law firm.She is a trusted, experienced employee who has worked for the firm for twelve years. One morning, Linda Lowenstein, one of the attorneys, calls from her home and asks Norma to sign Linda’s name to a document that must be filed with the
5. How is the practice of law defined? The unauthorized practice of law (UPL)? How might paralegals violate state statutes prohibiting UPL? What types of tasks can legally be performed by paralegals?
4. What is the duty of confidentiality? What is the attorney-client privilege? What is the relationship between the duty of confidentiality and the attorneyclient privilege? What are some potential consequences of violating the confidentiality rule?
3. What does the duty of competence involve? How can violations of the duty of competence be avoided?
2. How is the paralegal profession regulated by attorney ethical codes? How is it regulated by paralegal codes of ethics?
1. Why is the legal profession regulated? Who are the regulators? How is regulation accomplished?
3. Research time-and-billing software on the Internet by going to the following website: www.sagetimeslips.com. Click on Overview to read about the latest version of Timeslips. Click on Features. Is Timeslips limited to one type of billing arrangement or is it flexible? Can it create reports? What
2. Find legal forms on the Internet by going to the following website: www.legaldocs.com. List the eight types of forms that are available. Which documents are offered at no charge? Choose five of the forms that are for sale and record their price. What do you see as the advantages and
1. Go to the American Bar Association Legal Technology Resource Center website at www.americanbar.org/groups/departments_offices/legal_technology_ resources.html. Locate cloud-computing ethics opinions.Is there one from your state? If so, review it and write a one-paragraph summary of it in your
6. Jose Hernandez hires Maria Alvarez, an attorney with the law firm of Alvarez, Banderos & Sedillo, located at 1000 Canyon Road, Phoenix, Arizona, to represent him in a divorce. He agrees to pay attorney Alvarez at a rate of $350 per hour and to pay a paralegal $150 per hour. He also agrees to pay
5. A lawyer representing indigent defendants as a courtappointed attorney billed the county courts for more than 24 hours a day on three different days and more than 20 hours a day five other times. On other occasions, she billed between 14 and 19 hours a day. The attorney did not keep detailed
4. A law firm hired to represent a client in a paternity action withdrew from representation of the client while the case was pending, citing irreconcilable differences.In the retainer agreement the client had agreed to pay hourly fees of $475 for the senior attorney, $425 for the junior attorney,
3. Using the material in the chapter on fee arrangements, identify the type of billing that is being used in each of the following examples:a. The client is billed $200 per hour for a partner’s time, $150 per hour for an associate attorney’s time, and $125 per hour for a paralegal’s time.b.
2. Using the material in the chapter, identify the following law office personnel:a. LaToya works as a paralegal in a large law firm. After twelve years with the firm, she was promoted and now oversees paralegal staffing, assignments, and professional development.b. Ani was hired by the partners of
1. Using the material presented in the chapter on the organizational structures of law firms, identify the kind of law practices involved:a. Rosa Suefentes practices immigration law. She owns her legal practice, the building, and the office furniture. She leases some office equipment. Rosa employs
2. James Johnson is a sole practitioner. His office is about an hour’s drive from the federal district court at which he files many lawsuits. He used to talk on his cell phone to clients as he travelled the two hours to and from the courthouse. He would bill the client on whose behalf he was
1. Sam Martin, an attorney, receives a settlement check for a client’s case. It is made out jointly to Sam and his client. Sam endorses the check and instructs his paralegal to deposit it into his law firm’s bank account, instead of the client’s trust account, because he wants to take out his
5. How do lawyers and legal assistants keep track of their time? What is the difference between billable and nonbillable hours? What is a client trust account?
4. List and define the different ways law firms bill their clients. What ethical obligations do attorneys have with respect to legal fees?
3. What kinds of files do law firms maintain? What general procedures are typically followed in regard to client files?
2. What is the difference between an associate and a partner? Are there attorneys in other roles in law firms?If so, what are their roles? Who supervises the work performed by paralegals?
1. List and define the basic organizational structures of law firms discussed in the chapter. What is personal liability?
2. Do an Internet search to see if you can determine which social media site may be most relevant for your career.a. Provide links to three websites and write two to three paragraphs discussing which results are the best and why. Include your opinion of which site you would choose to promote your
1. Go to the American Bar Association’s Web pages for paralegals at www.americanbar.org/groups/paralegals/resources/career_information.html and review the career and salary information for paralegals.a. Are jobs posted on the site? If so, click on a job that interests you and make a list of the
6. Draft a résumé for yourself using the samples in this chapter for guidance. Think of your strong suits that should be highlighted. Also, write a cover letter that introduces you in a favorable manner.
5. Using the material in the chapter, determine which of the following are illegal questions that an interviewer might ask during a job interview:a. Are you married?b. How many children do you have?c. How do you think that your prior work experience as a social worker will help you in this job as a
4. Using the material in the chapter, identify each of the following types of questions (close-ended, open-ended, hypothetical, pressure) that an interviewer might ask during an interview:a. Are you available to travel on weekends?b. Please explain your work history.c. What would you do in the
3. What is the difference between a freelance paralegal and a legal technician (also called an independent paralegal)? How would working as a freelance paralegal compare to working for a law firm, or other paralegal employer? How would working as a freelance paralegal compare to working as a legal
2. Using the material in the chapter, identify which kind of employer the paralegals in the following scenarios work for:a. Isabella works on a team of one attorney, three paralegals, and two secretaries. They defend product liability cases brought against their employer, a medical-device
1. Where do most paralegals work? What are some advantages and disadvantages of working for a small law firm? For a large law firm? Which would you prefer to do? Why?
3. How can paralegals locate potential employers? How does networking help paralegals find jobs?
2. List and briefly describe each of the paralegal specialties discussed in this chapter. Which specialty area or areas interest you the most? Why?
1. List and describe the five types of organizations that hire paralegals. Where do most paralegals work?
2. Review the AAfPE website at www.aafpe.org, and the American Bar Association website for paralegals at www.americanbar.org/groups/paralegals.html.Answer the following questions:a. What role does each of these organizations play in paralegal education?b. Click on the link to education on the AAfPE
1. Browse through the materials on the websites of the National Association of Legal Assistants, or NALA (at www.nala.org), and the National Federation of Paralegal Associations, or NFPA (at www.paralegals.org). Answer the questions below:a. Is there an affiliate of the National Association of
4. Tom and Sandy are having coffee after their paralegal class. The instructor discussed the debate within the profession about whether to use the term paralegal or legal assistant. Tom says he agrees with NFPA that the term paralegal is preferable because no one will confuse paralegals with legal
3. Which national paralegal organizations offer paralegal certification exams and what are the certifications called? Do states offer certifications for paralegals? Is a state certification a license to practice law? Explain your answer.
2. Using the material in the chapter, identify which of the following laws are substantive laws and which are procedural laws:a. A law requiring a person to be 16 years old to obtain a driver’s license.b. A court rule requiring that an answer to a complaint be filed within 21 days of receipt of
1. Using the material found in the chapter, identify which of the following employees are paralegals:a. Graciela works in the file room of a major law firm checking out and returning files as they are needed by attorneys.b. Maria does all of the typing, filing, and answering phones for two
5. List and describe the skills that are useful in paralegal practice. Do you have these skills?
4. What does certification mean?
3. What role does the American Bar Association play in paralegal education?

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