Quiz 2 Study Guide Purpose of a study guide is to organize your notes from the readings and the notes you take in class, so you can demonstrate your understanding and ability to critically analyze and apply your knowledge. • You must not only know the definition and/or concept but the application within the context of the law, your role as a paralegal, and the ability to explain to your colleagues with an example– if you can do this you have learned the material. • Learning is movement of information from your short-term memory to long-term memory. o You should write out, yes by hand, the answers to the guide. Research shows this supports learning. o You should try to draw diagrams/concept maps once you have successfully completed the study guide by paraphrasing what you know and have learned in class and from your reading. o Know your learning style! Find out here www.vark-learn.com and use the tip sheets to study new material. Key Terms: 1) Consideration a) Definition b) Application c) Explain in your own words with an example: 2) Execution a) Definition b) Application c) Explain in your own words with an example: 3) Breach a) Definition b) Application c) Explain in your own words with an example: 4) Remedies a) Definition b) Application c) Explain in your own words with an example: 5) Paralegal a) Definition b) Application c) Explain in your own words with an example: 6) Legal assistant a) Definition b) Application c) Explain in your own words with an example: 7) Certified a) Definition b) Application c) Explain in your own words with an example: 8) Certificated a) Definition b) Application c) Explain in your own words with an example: 9) FLSA a) Definition b) Application c) Explain in your own words with an example: 10) UPL a) Definition b) Application c) Explain in your own words with an example: 11) Pleading a) Definition b) Application c) Explain in your own words with an example: 12) Statute of limitations a) Definition b) Application c) Explain in your own words with an example: 13) Attorney-client privilege a) Definition b) Application c) Explain in your own words with an example: 14) Subpoena duces tecum a) Definition b) Application c) Explain in your own words with an example: 15) Canons a) Definition b) Application c) Explain in your own words with an example: 16) Ethics a) Definition b) Application c) Explain in your own words with an example: 17) CLE a) Definition b) Application c) Explain in your own words with an example: 18) Respondeat superior a) Definition b) Application c) Explain in your own words with an example: 19) Signposts a) Definition b) Application c) Explain in your own words with an example: 20) Attorney Work-Product Rule a) Definition b) Application c) Explain in your own words with an example: Key Concepts: What states do formalize the regulation of Paralegals? Describe the six ways paralegals are regulated. List the activities paralegals CAN engage in and those a paralegal CANNOT engage in. Compare and contrast legal information and legal advice. Why is UPL a crime? What are the three main national paralegal organizations offering certifications? Compare and contrast each. Compare and contrast felonies and misdemeanors. Compare and contrast intentional and negligent torts. Compare and contrast the types of negligence. What are the elements of a valid contract? Give an example in your own words. What are the 5 questions to ask in contract evaluation? Summarize each of the NALA canons in your own words. Are there any of the NFPA and NALS matches/similarities to the NALA canons? Which ones? Draw a concept map. Compare and contrast pleadings, motions, and discovery. Draw a concept map for each type and is it pre-trial, trial, post-trial. What are the key points of legal writing? Describe the key sanctions an attorney may face for unethical conduct. What are reasonable fees? Is comingling accounts, ok? Give an example of each fee type. Can an attorney “break up” with a client? If yes, under what circumstances? Can an attorney break confidentiality? If yes, under what circumstances?