Which statements applies to the judicial process

Assignment Help Business Law and Ethics

Reference no: EM13772730

1. If an attorney knows his client has lied on the stand, that attorney is ethically required to

A. notify the court.

B. recall his client to the stand and re-ask the question.

C. do nothing.

D. recuse himself from the case.

2. If an attorney wants to write a book about a case he or she is involved in, that attorney

A. may not negotiate with a publisher until he or she no longer represents the affected client.

B. may only use a ghostwriter.

C. must include his client as co-author.

D. is prohibited from doing so.

3. Ensuring that a defendant receives a fair trial and retains his or her constitutional rights is the primary ethical responsibility of the

A. prosecutor.

B. advocate.

C. defense attorney.

D. judge.

4. An attorney's membership in the American Bar Association

A. is required before taking the bar exam.

B. is required only if he or she is a prosecutor.

C. isn't required for him/her to practice law.

D. automatically makes him or her a member of his state's bar association.

5. Which of the following statements applies to the judicial process?

A. Specific rules exist concerning when a prosecutor and a judge can discuss an ongoing case without the presence of a defense attorney.

B. A prosecutor should never take steps to avoid allowing false testimony on the stand.

C. If the defense files a motion requesting pertinent evidence, a prosecutor must hand it over.

D. A prosecutor can communicate with a defendant outside the presence of the defendant's attorney.

6. Not representing a co-defendant in a burglary charge is part of which ethical consideration?

A. Perjury

B. Conflict of interest

C. Zealous representation of client

D. Lawyer-client confidentiality

7. Burying an opposing counsel in frivolous discovery paperwork is a violation of ABA Model Rule

A. 1.4 Communication.

B. 3.4 Fairness to Opposing Party and Counsel.

C. 3.3 Candor Toward the Tribunal.

D. 1.3 Due Diligence.

8. Judges attain office via three methods in the United States. They include all the following except

A. election.

B. merit promotion.

C. seniority.

D. appointment.

9. Which of the following statements regarding the action of prosecutors is true?

A. A prosecutor must seek justice, not merely a conviction.

B. A prosecutor has no duty to the public as a representative of the state.

C. A prosecutor is allowed much less discretion than other criminal justice professionals.

D. A prosecutor is allowed to pursue charges when there's no probable cause.

10. Extrajudicial commentary by attorneys is ethically prohibited because it

A. tips off opposing counsel as to the legal strategy being used.

B. can prejudice the jury or jury pool.

C. is rarely anything less than slanderous.

D. violate client confidentiality.

11. The American Bar Association recommends all attorneys provide at least hours of pro bono representation each year.

A. 140

B. 40

C. 100

D. 50

12. Which of the following statements applies to lawyer-client confidentiality?

A. A lawyer can't ethically reveal client confidences for self-defense against an accusation of wrongful conduct.

B. A lawyer can't ethically reveal client confidences even if the client consents.

C. A lawyer can ethically reveal client confidences when disclosure is required by law or court order.

D. A lawyer can ethically reveal client confidences when learning, after the fact, that the client lied on previous testimony to the court.

13. During a court case, it was determined that both the litigants and their attorneys had made contributions to the judge's election campaign. It was therefore ethically essential that the

A. attorney resign from the case.

B. attorneys for the litigants demand the judge recuse himself.

C. judge recuse himself no matter what.

D. judge recuse himself if he found that the donations hindered his ability to be impartial.

14. Frivolous legal claims are those that

A. call for the reversal of existing law.

B. aren't winnable.

C. don't have merit.

D. have a great amount of arguable issues.

15. The primary theme of ethics is impartiality.

A. utilitarian

B. prosecutorial

C. defense-lawyer

D. judicial

16. Procrastinating on a legal case violates ABA Model Rule for

A. due diligence.

B. meritorious claims.

C. communication.

D. fairness to opposing party.

17. Ethics rules prohibit an attorney from representing a client at a trial when the attorney

A. will be called as a witness.

B. has other clients with similar issues.

C. has a financial stake in the outcome of the trial.

D. is related to the client.

18. Which of the following statements is true regarding conflict of interest?

A. As long as attorneys can handle themselves professionally, they can represent clients who may have interests that conflict with their own.

B. Defense attorneys can't represent co-defendants in criminal actions.

C. Lawyers can accept clients with conflicting interests as long as they follow the Model Rules.

D. Lawyers have no conflict-of-interest rules.

19. With regard to the ethical code of lawyers, the ABA Model Rules

A. aren't concerned with behavior.

B. are concerned with a lawyer's conduct toward the client and the court.

C. are an aspirational code of ethics.

D. have few similarities with the law enforcement code of ethics.

20. If an attorney believes that he or she isn't competent to handle a case, he or she may ethically do all of the following except

A. accept the case and try to get up to speed on the material.

B. accept the case but work with another attorney.

C. decline the case.

D. accept the case on behalf of another attorney.

Reference no: EM13772730

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