Sources of Law
What is the “supreme law of the land” in the United States?
U.S. Constitution.
Trial courts of general jurisdiction are called what?
Superior Courts
The document that starts a civil lawsuit is the ________.
Complaint
What is the paralegal’s role regarding giving legal advice?
Paralegals may not give legal advice.
What is the purpose of a case brief?
To summarize a judicial opinion and identify its key components (facts, issue, rule, reasoning, holding).
Name two primary sources of law.
Constitution, statutes, regulations, case law.
What court has limited jurisdiction and handles small claims and misdemeanors?
Courts of limited jurisdiction (e.g., district/municipal courts).
What is “service of process”?
Providing legal notice to the defendant.
Name two tasks paralegals can perform that attorneys can delegate.
Drafting documents, legal research, interviewing clients, discovery preparation (cannot sign pleadings or represent in court unless permitted).
What is a “primary source” in legal research?
Law that is binding or authoritative—such as statutes, regulations, or case law.
What is the difference between “statutory law” and “common law”?
Statutory law is enacted by a legislature; common law is created by judicial decisions.
What is the difference between “original” and “appellate” jurisdiction?
Original = first to hear the case; appellate = reviews for legal error.
Name one form of discovery.
Interrogatories, requests for production, depositions, etc.
What is the ethical duty to keep client information private?
Duty of confidentiality.
What is a parallel citation?
A citation showing the same case published in multiple reporters.
An agency rule is an example of what type of law?
Administrative law.
What federal courts are directly below the U.S. Supreme Court?
U.S. Courts of Appeals (Circuit Courts).
What document does a defendant file to formally respond to the allegations in a civil lawsuit?
Answer
What is the role of a court interpreter?
To accurately and completely interpret everything said in court between English and the non-English-speaking party without adding, omitting, summarizing, or explaining.
What is the function of secondary sources in legal research?
To explain, interpret, or summarize the law and guide researchers to primary authority (e.g., treatises, legal encyclopedias).
What doctrine requires courts to follow previous judicial decisions?
Stare decisis.
What does subject-matter jurisdiction mean?
A court’s authority to hear a specific type of case.
What standard of proof applies in a civil case?
Preponderance of the evidence.
What duty requires attorneys and paralegals to avoid conflicts between their personal interests and their clients’ interests?
The duty to avoid conflicts of interest.
What is the difference between mandatory and persuasive authority?
Mandatory = court must follow; persuasive = court may consider but not required.