Exam 8: Law and Legal Professionals

________________ rights conflict with the government's right to enforce morality.

According to Hobbes, Rousseau, and Locke, a social contract is between:

Plea bargaining is consistent with the ___________________  justice system because it is the most efficient way of getting maximum punishment with minimum work.

Lawyers who perceive themselves as moral agents may refuse to pursue a client's wish to pursue a particular legal tactic if they didn't believe in it.

According to research cited in the text, only about half the people surveyed indicated that attorneys possessed "high" or "very high" standards of honesty and ethics.

The  dictator  of  a  small  country  has  been  removed  and  a  new  government  is  forming.  Among  the  first  task  for  the  new  government  is  to  review  and  revise  the c ountry's  laws. Instead of the above scenarios, the new government institutes a policy that allows all adult citizens to vote for representatives who will make new laws and serve in government. This describes:

You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, and the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon. Your client tells you that he has a friend that you can call as a witness. Even though this friend was not actually present at the incident, he is willing to claim that he saw the altercation and will testify that the defendant acted in self-defense, and without a weapon. You refuse to call a witness that you know will not tell the truth. This action would indicate your view that you are serving as your client's:

In Shaffer and Cochran's typology, the guru :

The idea that groups in society have fundamental differences and that those in power control societal elements, including law, is called the ______________ paradigm .

According to the conflict paradigm:

John Stuart Mill proposed the "harm principle," which basically is the idea that every individual should:

Describe the moral agent, legal agent, and special relationship views of the attorney-client relationship.

Legal moralism is used to justify laws against:

Legal paternalism refers to:

The ABA's rules prohibit attorneys from using ___________________ , which are non-attorneys who follow up on  accidents in order to obtain clients.

List and discuss the major justifications for law presented in the text.

According to the text, the major justification for criminal law is the prevention of ____________.

Research indicates that the role adopted by lawyers (either legal agent or moral agent)depends partially on whom they represent.

You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, and the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon. Your client tells you that there really was a weapon and that the police missed it at the crime scene. According to  the ABA's Model Rules of Professional Conduct, your duty is to:

The term ____________________  refers to the justification for law that allows for protection and enforcement of societal morals.