Study Guide and Workbook to Accompany - …

1 Study Guide and Workbook to AccompanyINTRODUCTION TO PARALEGALISMP erspectives, Problems, and SkillsSeventh EditionWilliam P. Statsky08-262_StudyGuide_p001-331 i08-262_StudyGuide_p001-331 i7/24/08 10:10:36 AM7/24/08 10:10:36 AMCONTENTSPart I: Chapter Review Questions 1 How to Study Law 2 Chapter 1: Introduction to a New Career in Law 4 Chapter 2: Paralegal Employment 8 Chapter 3: On-the-Job Realities: Assertiveness Training for Paralegals 13 Chapter 4: The Regulation of Paralegals 15 Chapter 5: Attorney Ethics and Paralegal Ethics 22 Chapter 6: Introduction to the Legal System 29 Chapter 7: Introduction to Legal Analysis 33 Chapter 8: Legal Interviewing 37 Chapter 9: Investigation in a Law Offi ce 40 Chapter 10: Litigation Assistantship 46 Chapter 11: Legal Research 56 Chapter 12: Legal Writing 90 Chapter 13: Introduction to the Use of Computers in a Law Offi ce 93 Chapter 14.

2 Introduction to Law Offi ce Administration 100 Chapter 15: Informal and Formal Administrative Advocacy 104 Answers to Chapter Review Questions 106 Part II: Writing Fundamentals: Rules, Guidelines, and Exercises 274 Ten Important Writing Topics 274 1. Comma 275 2. Semicolon 276 3. Colon 276 4. Dash 277 5. Parallelism 277 6. Spelling 278 7. Possessive 279 8. Numerals 280 9.

3 Subject-Verb Agreement 281 10. Pronoun-Noun Agreement 282 Usage Rules and Guidelines 283 Writing Exercises 320 2009 Delmar Cengage Learning. All Rights Reserved. 08-262_StudyGuide_p001-331 ii08-262_StudyGuide_p001-331 ii7/24/08 10:10:36 AM7/24/08 10:10:36 AM 2009 Delmar Cengage Learning. All Rights Reserved. 1 PART ICHAPTER REVIEW QUESTIONS08-262_StudyGuide_p001-331 108-262_StudyGuide_p001-331 17/24/08 10:10:36 AM7/24/08 10:10:36 AM 2009 Delmar Cengage Learning. All Rights Reserved. 2 How to Study LawReview QuestionsNOTE: Check your own answers to these Review Questions. The answers are included in this Study to Study 1. Why must your legal education be a lifelong endeavor?

4 How to Study 2. Defi ne substantive to Study 3. Defi ne procedural to Study 4. Give examples of legal to Study 5. Describe several inaccurate portrayals of the law in the to Study 6. Since you cannot add hours to the clock, how can you increase the amount of available Study time?How to Study 7. What is active learning?How to Study 8. You cannot function in a law offi ce without a grasp of the basics of , , and to Study 9. An easy way to obtain grammar help on the Internet is to type in any major search to Study 10. A formula may help you cut down the length of your to Study 11. Use skills to help obtain an understanding of class material that is diffi to Study 12. What is one of the most sophisticated questions an attorney or paralegal can ask?08-262_StudyGuide_p001-331 208-262_StudyGuide_p001-331 27/24/08 10:10:36 AM7/24/08 10:10:36 AM 2009 Delmar Cengage Learning.

5 All Rights Reserved. 3 How to Study 13. Name fi ve places where you can try to obtain defi nitions of words you are to Study 14. The Study of law is in large measure an examination of that is identifi ed, dissected, and to Study 15. Give six examples of where paralegals may need note-taking to Study 16. Give the abbreviations for the following words: burden of proof common law tort owner statute of limitations contract third partyHow to Study 17. When receiving an assignment, what should you include in your instructions notebook, diary, or journal?How to Study 18. For each assignment, ask for a and a of .How to Study 19. Where can you fi nd a model to use as a Guide for what you are asked to do?How to Study 20. Try to obtain on an assignment before it is to Study 21.

6 Why are employee evaluations often unhelpful or not given?How to Study 22. How can you overcome these diffi culties in order to receive meaningful evaluations?08-262_StudyGuide_p001-331 308-262_StudyGuide_p001-331 37/24/08 10:10:37 AM7/24/08 10:10:37 AM 2009 Delmar Cengage Learning. All Rights Reserved. 4 Chapter 1: Introduction to a New Career in LawReview QuestionsNOTE: Check your own answers to these Review Questions. The answers are included in this Study How many lawsuits are fi led every year? Name the fi ve major players in the development of What is CLE? What do the following abbreviations mean?(a) NFPA(b) NALA(c) SCOP(d) NALS(e) AAPI(f ) IPMA(g) What is the World Wide Web address of:(a) NFPA(b) NALA(c) What is the name of the primary certifi cation examinations of NFPA and NALA?

7 Which exam is entry-level and which is advanced?(a) NFPA(b) Name fourteen categories of paralegal Why is there no uniformity in the country on the use of titles for this career in law?08-262_StudyGuide_p001-331 408-262_StudyGuide_p001-331 47/24/08 10:10:37 AM7/24/08 10:10:37 AM 2009 Delmar Cengage Learning. All Rights Reserved. What are the two broad categories of paralegals? What are the two main categories of independent contractors in the fi eld. Of the two, which is the larger and more controversial category? Are the titles paralegal and legal assistant synonymous? Defi ne:(a) confl icts specialist(b) depo summarizer(c) transactional paralegal(d) nurse Under what two circumstances might you fi nd an attorney working as a paralegal? What are some of the titles used by independent contractors who sell their services to attorneys?

8 What are some of the titles used by independent contractors who sell their services to the public without attorney supervision? Defi ne independent Name three sources of controversy over independent contractors who sell their services to the public without attorney Name six entities that have written defi nitions of a paralegal. Which are the most important? Name three common characteristics of paralegal defi nitions in most states?08-262_StudyGuide_p001-331 508-262_StudyGuide_p001-331 57/24/08 10:10:37 AM7/24/08 10:10:37 AM 2009 Delmar Cengage Learning. All Rights Reserved. What is substantive legal work? What is a major requirement for using the titles paralegal and legal assistant in California? Distinguish between hourly fees and contingent Distinguish between the American rule and the English rule on What is a statutory-fee case?

9 The process of forcing one party to pay another s attorney fees and costs in litigation is called fee . What is the method of calculating attorney fees to the winning party in a statutory-fee case? What are paralegal fees and who receives them? Give an example of what a court might require an attorney to demonstrate in order to receive paralegal What are some of the reasons courts have reduced or disallowed fees in statutory-fee cases? Missouri v. Jenkins held that when paralegal fees must be paid by the losing side, they are calculated by the rate for In an important statement in Missouri v. Jenkins, the Court said: Of course, purely or tasks should not be billed at a paralegal rate, regardless of who performs them. After Missouri v. Jenkins, paralegal fees are to be calculated at the prevailing market rate in every case.

10 True or false? 608-262_StudyGuide_p001-331 67/24/08 10:10:37 AM7/24/08 10:10:37 AM 2009 Delmar Cengage Learning. All Rights Reserved. Name the six categories of job titles proposed by IPLA for a large law offi What factors infl uence a paralegal s salary in addition to his or her competence? Defi ne The requirement to bill a minimum number of hours is called a . When a law fi rm bills for paralegal time, the paralegal becomes a in the fi rm, as opposed to simply being part of the fi rm s Under the Rule of Three, how much does a fi rm have to charge clients for paralegal time if the fi rm wants $40,000 in profi t from a paralegal who makes $30,000 a year and bills 1,200 hours a year? What are some of the factors that can affect the profi tability of paralegals to a fi rm and offset the Rule of Three?