Federal Rules of Evidence April 03‚ 2011 (1) In determining testimony‚ documents‚ and tangible objects‚ the judge or jury will rely on the Federal Rules of Evidence and/or applicable state rules of evidence. There are eleven specific functions‚ qualifications‚ and categories of evidence that make up the Federal Rules of Evidence. These eleven sections cover the following: 1. General provisions 2. Judicial notice 3. Presumptions in civil actions and proceedings 4. Relevancy
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- Involving new hire paralegal Carl and the law firm Dewey‚ Dewey and Howe. MONDAY--- The Violation committed by the attorney on that day was ABA Model Rule 1.3 Diligence and Promptness for lawyers--this occurred in the manner that the lawyer did not act with reasonable diligence and promptness in representing a client‚ as the lawyer was not even present or aware of the case in that matter. The Violations committed by the paralegal on that day are; The Paralegal failed to present Him/Herself
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Law: The paralegal and UPL Polly Paralegal finds himself in an ethical dilemma when Mr. Stan Smith asks him “Do the grounds for divorce in North Carolina include adultery?” A day later‚ the wife of Stan Smith asks if she has grounds for divorce in the same state because her husband has committed adultery. If Polly Paralegal answers that question for either one of his friends he will be committing UPL or Unauthorized Practice of Law. The consequences for UPL can be devastating to a paralegal and the
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other services. It is outside the paralegal’s scope of practice to deal with matters involving wills or family law‚ including divorce. This was a direct violation of the Paralegal Rules of Conduct‚ “A paralegal shall not advertise services that are beyond the permissible scope of practice of a paralegal” (Rule 8.02(3). As a paralegal‚ it would be important for Jane Jones to avoid misleading any potential clients so that they do not assume that she is a lawyer. Jane Jones’ business name would have also
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where to sign a legal document. As simple of a question as it seems‚ this has a lot of responsibility pertaining to the lawyer and not the paralegal. The main reason why is because the legal rights of a client may be affected since the client may have to indicate representative capacity (Goldman and Cheeseman 44) 5. How can the paralegal avoid UPL? The paralegal can avoid UPL by informing clients and other parties that they are not lawyers (Goldman and Cheeseman 45). Most notably the
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matter. A client check off list will assist the paralegal as a guide while meeting with the client. At the initial client meeting‚ it would be helpful for the paralegal to get the following information: 1. Obtain the clients story in detail. 2. Evaluate the truths of the client’s story. (Is this a viable case?) 3. Get contact information for any potential witnesses or anyone that has more information that can help the case.
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whereas the associate are usually on salary as an employee‚ not being an owner in the firm. The supervising attorney in a large firm is responsible for the actions and work of the lawyers under him/her. The paralegal is responsible for the litigation process. Some of the responsibilities of the paralegal are preparing casework‚ investigations‚ preparing briefings‚ conducting interviews and scheduling and maintaining client contacts. The support staff are those individuals within the firm that work collectively
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Running Head: FINAL Final Essay Exam Ricardo Alvarado Kaplan University CJ 140-02 Introduction to Constitutional Law Professor‚ Ryan McNeal June 21‚ 2011 Knowing and just being aware of ones right could be essential for the public. One has to know the basic differences between a probable cause and reasonable suspicion. An encounter with an officer and a possible violation of the law it helps to know the cause so one can be prepared for a possible defense strategy. Warrants have certain
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engaged in her work? Monique need to quit worrying about what her lawyers or getting paid and focus on her job so she can be more productive at work. I think Monique needs to set some short term and long term goals on what she wants to do as a paralegal and what her hopes are from the company. Monique needs to do a plan of action to set up small individual goals to improve her attitude and enthusiasm at work. 2. What can Monique do to overcome the reputation of being a zombie on the job? Monique
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(wife)‚ (identified herein as a “party” or “parties”) and the Kaplan Center of Resolution of Disputes LLC (hereafter “Kaplan”) and Professor J. Berube (mediator). David and Angela Doe have come to an agreement to seek dissolution of marriage. Both parties have agreed and signed an agreement with Kaplan Center of Resolution of Disputes LLC for the purpose of settling all issues that might be the subject of a contested litigation. Kaplan and both parties have agreed and have an understanding that
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