× Didn't find what you were looking for? Ask a question
Top Posters
Since Sunday
a
5
k
5
c
5
B
5
l
5
C
4
s
4
a
4
t
4
i
4
r
4
r
4
New Topic  
PRiiNNCE PRiiNNCE
wrote...
Posts: 316
Rep: 0 0
6 years ago
In the legal field, you should always use texting acronyms when sending a text message to a client.
 
  Indicate whether the statement is true or false

Q. 2

Which secondary source is an academic or scholarly work on one specific topic or subject found in a single or multi-volume set?
 
  A) American Law Reports
  B) Restatements of Law
  C) a legal encyclopedia
  D) a legal treatise

Q. 3

Describe the role of the attorney in arbitration.
 
  What will be an ideal response?

Q. 4

Legal precedent mostly comes from trial court decisions rather than appellate court decisions.
 
  Indicate whether the statement is true or false

Q. 5

Identify at least four ways in which an arbitrator's power differs from that of a civil trial judge.
 
  What will be an ideal response?

Q. 6

A paralegal will most likely use which two primary sources of law on a daily basis?
 
  A) constitutions and statutes
  B) statutes and regulations
  C) statutes and cases
  D) cases and regulations

Q. 7

In which way can a secondary source not be used?
 
  A) Introduce new concepts and legal terminology so you can gain a better understanding of the law.
  B) Provide key legal terminology for an index or digest search.
  C) Direct you to the primary sources of law through the use of numerous citations.
  D) Cite as a binding authority in a brief filed with the court.
Read 42 times
1 Reply

Related Topics

Replies
wrote...
6 years ago
(Answer to #1)  FALSE

(Answer to #2)  D

(Answer to #3)  The attorney plays a critical role in arbitration, which usually involves parties who are
business persons, and a case with complex issues and a significant amount of money and
property at stake. An attorney's role begins with making sure that the client's business
contracts contain well-drafted, enforceable ADR clauses. When presented with a dispute, an
attorney should determine if it is subject to an ADR clause and, if so, to prepare a written
demand. If not, the attorney should determine if arbitration is appropriate and, if so, propose
it to the other side. If they agree, the attorney should prepare a submission. Conversely, an
attorney may want to help a client resist a demand based on legal grounds, such as fraud in the
inducement of the contract.
The attorney assists the client to select an arbitrator, prepares statements of the client's case
in order to influence the arbitrator, and to persuade the arbitrator to admit favorable evidence
and deny admission of unfavorable evidence. The attorney also prepares and transmits
discovery, conducts depositions and evaluates evidence from the other side. At the conclusion
of discovery, the attorney prepares hearing exhibits, briefs witnesses, drafts an opening
statement, and generally prepares for the hearing. At the hearing the attorney will present
the evidence, examine and cross-examine witnesses and puts on the client's case. After the
award, the attorney will counsel the client regarding whether to appeal and, if so, will prepare
the appeal. Conversely, the attorney may counsel the client to ask a court to enter the award
as a judgment in order to give the client more power to enforce it and, if so, will facilitate the
request.

(Answer to #4)  FALSE

(Answer to #5)   An arbitrator's decision is not as appealable and when appealed, is subject to a less
stringent standard than that applied to civil trial verdicts.
 An arbitrator can retain jurisdiction over a dispute after the award, at the request of the
parties, whereas a civil trial judge loses jurisdiction once judgment is entered.
 An arbitrator, at least in some states, is restricted in the extent, if any, to which he or she
can award punitive damages.
 Despite restrictions on the granting of punitive damages, an arbitrator has a much wider
range of remedies available than a civil trial judge or jury in that he or she can fashion an
equitable remedy to suit the situation.
 An arbitrator can accept or decline to hear a dispute, whereas a judge must hear cases
assigned to his or her court and can be excused only for cause.
 An arbitrator's power comes not from the state but from the agreement of the parties.
 An arbitrator's power is supported by laws favoring settlement rather than resort to the
court.
 An arbitrator's power is based in his or her expertise in the subject matter of the dispute
which enables the arbitrator to shape how the case is presented. A civil judge can shape a
case only through the rules of procedure.
 An arbitrator can render an award tailored to the case whereas a civil judge must always
consider precedence or face being overturned on appeal.

(Answer to #6)  C

(Answer to #7)  D
New Topic      
Explore
Post your homework questions and get free online help from our incredible volunteers
  1291 People Browsing
 126 Signed Up Today
Related Images
  
 157
  
 826
  
 341
Your Opinion