Deck 8: Law and Legal Professionals

Question 1

According to the pluralist paradigm:

A)those who control major social institutions determine how crime is defined.
B)law arises from interest groups but coalitions and shared interests may shift the balance of power.
C)law serves as a tool of unification.
D)law contributes to the collective conscience by providing an example of deviance.

Answer 1

B

Question 2

The belief that loyalty to one's client surpasses individual and private morality is characteristic of:

A)the legal agent position on the attorney-client relationship.
B)the moral agent position on the attorney-client relationship.
C)the special relationship position on the attorney-client relationship.
D)none of these is correct.

Answer 2

A

Question 3

Emile Durkheim is associated with which paradigm of law?

A)consensus paradigm
B)pluralism
C)conflict paradigm
D)utilitarian paradigm

Answer 3

A

Question 4

Legal paternalism refers to:

A)laws that protect children against their parents.
B)laws that protect societal morals.
C)laws that protect individual from hurting themselves.
D)laws that guarantee the rights of the father.

Question 5

Which of the following is not a rule of legal paternalism?

A)Laws should protect children and other people whose decision-making ability is impaired.
B)Laws should restrict freedom only to the extent that is necessary to protect.
C)Laws should restrict only actions that can produce serious and irreversible harm.
D)Laws should allow private individuals to make decisions about private matters.

Question 6

Criminal law is also called:

A)natural law.
B)positivist law.
C)corrective law.
D)human contract law.

Question 7

According to the conflict paradigm:

A)those who control major social institutions determine how crime is defined.
B)law arises from minority interest groups but coalitions and shared interests may shift the balance of power.
C)law serves as a tool of unification.
D)law contributes to the collective conscience by providing an example of deviance.

Question 8

Lawrence v. Texas dealt with:

A)​​ prostitution.
B)pornography. ​
C)sodomy.
D)pedophilia.

Question 9

The Sarbanes-Oxley Act: 

A)outlines responsibilities for public defenders.
B)holds CEOs responsible for their companies' financial crimes.
C)requires DNA re-testing for offenders serving life sentences.
D)limits the number of years that judges can serve in criminal courts, to prevent burnout.

Question 10

The idea that most people have similar beliefs, values, and goals and that societal laws reflect the majority view is most consistent with:

A)the pluralist paradigm.
B)the conflict paradigm.
C)the consensus paradigm.
D)the repressive paradigm.

Question 11

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

A)limit their behavior to that which is not harmful to any living thing.
B)be controlled by social institutions at all times to limit his/her ability to do harm.
C)be imprisoned for life if they harm others or themselves.
D)have the utmost freedom over their own actions unless they harm others.

Question 12

Which of the following is not consistent with the consensus paradigm?

A)Law unifies society.
B)Crime is objectively defined.
C)Law resolves conflicts fairly.
D)Law is representative of the ruling classes only.

Question 13

Legal moralism is used to justify laws against:

A)prostitution.
B)speeding
C)loitering.
D)driving without a license.

Question 14

The idea that groups in society have fundamental differences and that those in power control societal elements, including law, is most consistent with:

A)the pluralist paradigm.
B)the conflict paradigm.
C)the consensus paradigm.
D)the repressive paradigm.

Question 15

Legal moralism refers to:

A)laws that protect children against their parents.
B)laws that protect societal morals.
C)laws that protect individual from hurting themselves.
D)laws that guarantee the rights of the father.

Question 16

The concept that there are many groups in society and that they form allegiances and coalitions in a dynamic exchange of power is most consistent with:

A)the pluralist paradigm.
B)the conflict paradigm.
C)the consensus paradigm.
D)the repressive paradigm.

Question 17

Positivist law refers to:

A)those laws written and enforced by society.
B)the idea that principles of morals are inherent in nature.
C)the idea that laws are not human-made and are discovered by reason.
D)those laws that regulate natural rights.

Question 18

According to ________________  theory, each individual gives up some liberties and, in return, is protected from others who have their liberties restricted as well.

A)natural law
B)social control
C)social contract
D)reciprocity

Question 19

Natural law refers to:

A)those laws written and enforced by society.
B)the idea that principles of morals and rights are inherent in nature.
C)the idea that law is human- made.
D)those laws that regulate innate but undesirable behavior.

Question 20

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

A)the individual and God.
B)the individual and society.
C)the individual and mother earth. ​
D)the individual and the generalized others.

Question 21

In Shaffer and Cochran's typology, the hired gun :

A)engages the client in moral dialogue and tries to convince client of proper course of action.
B)controls the client with his own moral compass as guide.
C)promotes clients' interest above all others.
D)does what the client wants.

Question 22

Pro bono legal services means:

A)services one provides for one's self (serving as one's own lawyer).
B)services provided for the benefit of society rather than one person.
C)services provided free of charge.
D)services provided by someone who is not a bar-approved attorney.

Question 23

In Shaffer and Cochran's typology, the godfather :

A)engages the client in moral dialogue and tries to convince client of proper course of action.
B)controls the client with his own moral compass as guide.
C)promotes clients' interest above all others.
D)does what the client wants.

Question 24

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 scenario, the new leadership re-writes the rules so that the ethnic minorities in the country no longer have the right to vote. They also remove any restrictions against discriminatory practices, which will allow employers and landlords to refuse jobs and housing to members of minorities. This scenario describes:

A)the conflict paradigm.
B)the consensus paradigm.
C)the pluralist paradigm.
D)the Marxist paradigm.

Question 25

You are a state legislator and you have sponsored a bill requiring that all passengers in cars must wear seat belts at all times, even in a rear seat. Opponents feel that this proposed law is over-reaching and is too restrictive of personal freedom.
You try to convince opponents to support your proposed law by pointing out that sometimes it is the job of government and the law to do what is best for people, even if they may not want to do it for themselves. Your description is an example of:

A)ethical formalism.
B)utilitarianism. ​
C)legal moralism.
D)legal paternalism.

Question 26

Which paradigm of law highlights the inequity of a capitalist system?

A)consensus paradigm
B)pluralism
C)conflict paradigm
D)utilitarian paradigm

Question 27

Cohen suggests some principles attorneys must follow to be considered moral. Which of the following is not one of these principles?

A)Treat others as ends in themselves and not as mere means to winning cases.
B)Treat clients and other professional relations who are relatively similar in a similar fashion.
C)Do not deliberately engage in behavior that is apt to deceive the court as to the truth.
D)Share your clients' information with your associates so they can help you make decisions.

Question 28

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.
Despite your client's insistence that he is innocent, you urge him to accept a plea bargain. You are motivated largely by a desire to dispose of the case as quickly and efficiently as possible. Your actions embody the notion of :

A)consensus paradigm.
B)bureaucratic justice.
C)"Model Rules."
D)division of labo r

Question 29

The model of justice in which the largest portion of criminal cases forms the bottom layers and the few serious cases form the top layer is called:

A)assembly line justice.
B)bureaucratic justice.
C)rational justice.
D)wedding-cake illustration justice.

Question 30

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:

A)legal agent.
B)moral agent.
C)confidant.
D)paternal guide.

Question 31

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:

A)the conflict paradigm.
B)the consensus paradigm.
C)the pluralist paradigm.
D)the Marxist paradigm.

Question 32

You are a state legislator and you have sponsored a bill requiring that all passengers in cars must wear seat belts at all times, even in a rear seat. Opponents feel that this proposed law is over-reaching and is too restrictive of personal freedom.
The ethical system that justifies passing a law for the purpose of protecting people from harm is:

A)ethical formalism.
B)ethics of care.
C)legal moralism.
D)utilitarianism.

Question 33

The approach in which each case is treated as one of many is called:

A)assembly line justice.
B)bureaucratic justice.
C)rational justice.
D)wedding-cake illustration justice.

Question 34

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.
The country's main industries are tourism and petroleum. A group representing the hospitality industry is participating in the law review process, as are groups representing the oil companies and military. The result of the process is that new laws allow the country's hotels to add casinos (but only to be patronized by foreign visitors). Other new laws remove workplace restrictions for the oil companies and impose a requirement for all able-bodies males to serve in the military for two years. This scenario describes:

A)the conflict paradigm.
B)the consensus paradigm.
C)the pluralist paradigm.
D)the Marxist paradigm.

Question 35

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:

A)report the information to the prosecution.
B)call your defendant to the witness stand and let him decide for himself whether he will reveal the fact that there was a weapon.
C)maintain the confidentiality of your communications with your client.
D)the Model Rules do not address this situation.

Question 36

The Model Code of Judicial Conduct is organized into four canons including all of the following except:

A)a judge shall uphold and promote the independence, integrity, and impartiality of the judiciary.
B)a judge shall perform the duties of judicial office impartially, competently, and diligently.
C)a judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.
D)a judge or candidate for judicial shall engage in political or campaign activity that is consistent with his/her personal views.

Question 37

You are a state legislator and you have sponsored a bill requiring that all passengers in cars must wear seat belts at all times, even in a rear seat. Opponents feel that this proposed law is over-reaching and is too restrictive of personal freedom.
Opponents to your bill would cite John Stuart Mill and would say that your proposed law is a bad idea since violators aren't actually harming anyone. Your proposed law would violate Mill's :

A)harm principle
B)noble cause ​
C)natural law
D)conflict paradigm

Question 38

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.
It occurs to you that the victim will not be able to testify if the trial takes place quickly, due to his injuries. Accordingly, you do not agree to waive your client's "speedy trial" rights. This action would indicate your view that you are serving as your client's:

A)legal agent.
B)moral agent.
C)confidant.
D)paternal guide.

Question 39

Which of the following is not a true statement about the pluralism paradigm?

A)Law is representative of the ruling classes only.
B)Interest groups influence law.
C)Powerful groups in society define law.
D)Power changes hands over time in a society.

Question 40

In Shaffer and Cochran's typology, the guru :

A)engages the client in moral dialogue and tries to convince client of proper course of action.
B)controls the client with his own moral compass as guide.
C)promotes clients' interest above all others.
D)does what the client wants.

Question 41

Legal paternalism is consistent with the ethical system of ethics of care.

Question 42

The pluralist paradigm says the definition of crime may change, depending on which interest groups are in power.

Question 43

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

Question 44

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.

Question 45

The conflict paradigm states that law is not value-neutral; it is bent toward the interests of the powerful.

Question 46

Natural law refers to man-made law.

Question 47

____________________ refers to laws that protect individuals from hurting themselves.

Question 48

A ________________  refers to the process of organizing knowledge; a way of seeing the world.

Question 49

________________ are the most important actors in preventing miscarriages of justice, yet there is pressure on them to cooperate with the system of moving cases along efficiently.

Question 50

The presumption of guilt and the desire to achieve the most expeditious resolution of the case are the basic rationale behind _____________________ .

Question 51

Prosecutors are required to pursue a conviction above all other goals.

Question 52

An act must be considered harmful to individuals in order for legal moralism to be a valid justification for laws against it.

Question 53

The Supreme Court has held that defendants do not have a constitutional right to post-conviction DNA testing.

Question 54

More than half of the presidents of the United States have been lawyers.

Question 55

Law can be seen as a tool of behavior change.

Question 56

The idea that people agree on how serious punishments should be supports the pluralist paradigm of law.

Question 57

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.

Question 58

Lawyers who perceive themselves as legal agents would break rules for their clients.

Question 59

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

Question 60

The "Model Rules" for lawyers only refer to a lawyer's professional conduct and say nothing about how one must behave in his or her personal affairs.

Question 61

Compare and contrast pluralism and conflict theory as they relate to law and justice.

Question 62

Discuss some types of laws that are justified by legal moralism. What are the major arguments for and against such laws?

Question 63

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

Question 64

Describe how the social contract influences the development of criminal laws.

Question 65

Summarize the ABA's requirements regarding ethical behavior for attorneys.

Question 66

A sense that all defendants are ________________ leads to cynicism even on the part of public defenders.

Question 67

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

Question 68

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

Question 69

The ideal of the justice system is that two advocates of equal ability will engage in a pursuit of truth, guided by a ________________  judge.

Question 70

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

Question 71

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

Question 72

What is Cohen's position regarding the lawyer's role? How do Memory and Rose criticize this position?

Question 73

The Model Rules prohibit attorneys from communicating with the ________________________ except through their attorney.

Question 74

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

Question 75

What are Good Samaritan laws? Give examples.

Question 76

The idea that most people have similar beliefs, values, and goals and that societal laws reflect the majority view is called the  ________________ paradigm.

Question 77

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

Question 78

Compare and contrast natural law and positivist law.

Question 79

According to the ________________  paradigm, there are many groups in society and they form allegiances and coalitions in a dynamic exchange of power.

Question 80

Discuss some laws justified by legal paternalism - provide the rationale for such laws as well as opposing  arguments.