Deck 8: Law and Legal Professionals

Question 1

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.

Answer 1

B

Question 2

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

A)Consensus paradigm
B)Pluralism
C)Conflict paradigm
D)Utilitarian paradigm

Answer 2

C

Question 3

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.

Answer 3

D

Question 4

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 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

Obergefell v. Hodges held that

A)sodomy can be considered illegal by a state.
B)same-sex marriage must be recognized by all states.
C)recreational marijuana use is a federal crime.
D)internet pornography is not obscene.

Question 7

Legal moralism has been used to justify laws for and against:

A)same-sex marriage.
B)child pornography
C)gambling.
D)gangs.

Question 8

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.

Question 9

The pluralist paradigm reflects the idea that

A)most people have similar beliefs, values, and goals and that societal laws reflect the majority view.
B)groups in society have fundamental differences and that those in power control societal elements, including law.
C)groups in society have fundamental differences and that those in power control societal elements, including law.
D)there are many groups in society and that they form allegiances and coalitions in a dynamic exchange of power.

Question 10

The consensus paradigm is most closely related with:

A)John Locke
B)Thomas Hobbes
C)Émile Durkheim
D)John Stuart Mill

Question 11

Under the theory the, law is a(n):

A)right.
B)option.
C)privilege.
D)contract.

Question 12

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 13

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 14

Good Samaritan laws __________ in the United States.

A)apply to all citizens
B)prohibit passing by an accident scene without rendering assistance
C)are the same in Europe as
D)protect medical professionals from being sued

Question 15

The conflict paradigm reflects the idea that

A)most people have similar beliefs, values, and goals and that societal laws reflect the majority view.
B)groups in society have fundamental differences and that those in power control societal elements, including law.
C)groups in society have fundamental differences and that those in power control societal elements, including law.
D)there are many groups in society and that they form allegiances and coalitions in a dynamic exchange of power.

Question 16

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 17

According to a 2016 Gallup Poll measuring trust, which of the following were rated by those questioned to have the highest standards of honesty and ethics?

A)Lawyers
B)Police
C)Used car salesmen
D)Members of Congress

Question 18

The consensus paradigm reflects the idea that

A)most people have similar beliefs, values, and goals and that societal laws reflect the majority view.
B)groups in society have fundamental differences and that those in power control societal elements, including law.
C)groups in society have fundamental differences and that those in power control societal elements, including law.
D)there are many groups in society and that they form allegiances and coalitions in a dynamic exchange of power.

Question 19

The belief that murder is inherently wrong is an example of:

A)natural law.
B)positivist law.
C)formal law.
D)Good Samaritan law.

Question 20

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 21

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 22

In Shaffer and Cochran's typology, what type of lawyer promotes clients' interests above all others?

A)The godfather
B)The hired gun.
C)The friend
D)The guru

Question 23

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 labor.

Question 24

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 25

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 26

The dictator of a small country has been removed and a new government is forming. Among the first task for the new country is the creation of the country'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 27

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 28

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 29

The dictator of a small country has been removed and a new government is forming. Among the first task for the new country is the creation of the country'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 30

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 31

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.

Question 32

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 33

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 34

The dictator of a small country has been removed and a new government is forming. Among the first task for the new country is the creation of the country'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 35

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 36

In Shaffer and Cochran's typology, what type of lawyer engages the client in moral dialogue and tries to convince the client of a moral action and only refuses if the client insists?

A)The godfather
B)The hired gun
C)The friend
D)The guru

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

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 39

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 40

In Shaffer and Cochran's typology, what type of lawyer controls the client with his own moral compass?

A)The godfather
B)The hired gun
C)The friend
D)The guru

Question 41

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

Question 42

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

Question 43

The major justification for corrective law is that it prevents harm.

Question 44

A law that prevented suicide would be an example of legal____________________.

Question 45

Judges who are elected are prohibited from soliciting campaign contributions.

Question 46

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 47

Positivist law refers to law made by human beings.

Question 48

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

Question 49

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

Question 50

Legal paternalism is consistent with utilitarianism.

Question 51

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

Question 52

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

Question 53

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 54

Shakespeare's anti-legal sentiment is reflected with his famous quote, "The first thing we do, let's kill all the lawyers."

Question 55

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

Question 56

Law can be seen as a tool of behavior change.

Question 57

Since the 1800s, the number of lawyers in Congress has steadily grown.

Question 58

A law that prevents drinking under the age of 21 is an example of legal _________.

Question 59

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

Question 60

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 61

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

Question 62

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

Question 63

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

Question 64

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

Question 65

Blumberg and Scheingold refer to the practice of criminal law as a ___________ because the prosecutor and the defense attorney conspire to appear as something they are not adversaries in a do-or-die situation.

Question 66

Describe and discuss the various types of ethical guidelines for judges.

Question 67

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

Question 68

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

Question 69

Discuss the criminalization of poverty and legal responses to it.

Question 70

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

Question 71

What does Alan Dershowitz have to say about the criminal justice system? Do you agree with him? Why or why not?

Question 72

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

Question 73

In ________________ the Supreme Court held that the Sixth Amendment guarantees that indigent criminal defendants receive legal representation.

Question 74

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

Question 75

Compare and contrast natural law and positivist law.

Question 76

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

Question 77

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 78

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

Question 79

What are Good Samaritan laws? Give examples.

Question 80

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