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Exam (elaborations)

Final Intro to Paralegal Exam

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True - ANSWER-To avoid a charge of engaging in the unauthorized practice of law, you need a license to practice law or special authorization. True - ANSWER-A code is a set of rules that regulates conduct. False - ANSWER-There is no difference between giving legal advice and providing legal information. True - ANSWER-The main authorization for what traditional paralegals do comes from the supervision they receive from their attorney-supervisions. True - ANSWER-In some inferior courts in some states, non-attorneys are allowed to represent clients. False - ANSWER-A pro se party never uses the legal help of non-attorneys. True - ANSWER-Jailhouse lawyers are non-attorneys who have limited right to practice law if alternatives are not provided by the institution. False - ANSWER-A federal agency's authorization of non-attorney practice before the federal agency is invalid if a state declares such practice to be the unauthorized practice of law. False - ANSWER-No state imposes restrictions on who can call themselves paralegals or legal assistants. False - ANSWER-Whether a paralegal is entitled to overtime compensation is dependent on the title given the paralegal by his or her own employer. True - ANSWER-Employers are liable for the torts committed by their paralegals within the scope of employment. True - ANSWER-Paralegals are personally liable for the torts they commit on the job. True - ANSWER-A claims-made policy covers only malpractice claims filed during the period in which the policy is in effect. False - ANSWER-CLE by paralegals is not required in any state. False - ANSWER-All ethical rules written by paralegal associations are enforced by meaningful sanctions. True - ANSWER-All national specialty bar associations of attorneys are voluntary. False - ANSWER-CLE is never mandatory. False - ANSWER-Large fees are inherently unethical. True - ANSWER-If the state allows MDP's, sharing fees with non-attorneys in the MDP would be allowed. False - ANSWER-It is always unethical for an attorney to hurt his or her own client by telling the court about a case or other authority that supports the client's opponent. False - ANSWER-There is no duty of confidentiality as to client facts that are not protected by the attorney-client privilege. False - ANSWER-Client consent cures all attorney conduct that would otherwise be unethical. False - ANSWER-An attorney's duty of loyalty to a client ends when the client's case is over. False - ANSWER-A Chinese Wall will always prevent imputed disqualification caused by a tainted paralegal. False - ANSWER-It is never ethical for an attorney to solicit a client in person. False - ANSWER-Every unethical act committed by a paralegal will subject his or her supervising attorney to discipline. True - ANSWER-Under Model Rule 5.3, all of the attorneys in a law office are not subject to the same standard when determining whether an attorney has acted unethically because of paralegal misconduct. False - ANSWER-Documents that contain legal advice cannot be drafted by a paralegal. False - ANSWER-Evidence is defined as proof of a fact. False - ANSWER-Intangible evidence can be seen or touched. False - ANSWER-A disinterested witness has a bias that distorts his or her testimony True - ANSWER-A deep pocket is often an attractive litigation target. False - ANSWER-If evidence is admissible, it must be accepted by the jury.

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Institution
Paralegal
Course
Paralegal

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Uploaded on
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Written in
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