Deck 5: Lawyers and Litigants

Question 1

In primitive legal systems, each side's case was presented by

A) Tribunals.
B) Councils.
C) Elders.
D) Orators.

Answer 1

D

Question 2

What method of legal representation is available to indigent defendants through law school programs?

A) Vouchers.
B) Legal clinics.
C) Legal aid societies.
D) Panel attorneys.

Answer 2

B

Question 3

Which of the following defense attorneys is paid on a salary?

A) Privately retained.
B) Public defender.
C) Assigned counsel.
D) Legal aid societies.

Answer 3

B

Question 4

In primitive legal systems, laws are created and administered by

A) Orators.
B) Judges.
C) Tribal elders.
D) Landowners.

Question 5

Which of the following was not a role that began to emerge in transitional legal systems?

A) Police.
B) Judges.
C) Corrections.
D) Attorneys.

Question 6

American legal training is based on the system that emerged in

A) England.
B) France.
C) Spain.
D) Italy.

Question 7

The majority of private criminal defense attorneys work in

A) Solo practitioner firms.
B) Small law firms.
C) Medium-size law firms.
D) Large law firms.

Question 8

The nationwide trend is for attorneys to work in

A) Solo firms.
B) Larger firms.
C) Government service.
D) Legal education.

Question 9

All of the following are titles for local prosecutors in the United States except

A) State's attorney.
B) Prosecuting attorney.
C) Corporate attorney.
D) Commonwealth attorney.

Question 10

State attorney generals are most often selected through

A) Partisan election.
B) Nonpartisan election.
C) Executive appointment.
D) Merit selection.

Question 11

The Department of Justice and the attorney general's office handle cases that come from the

A) Office of Special Counsel.
B) Office of Compliance.
C) Office of Civil Rights.
D) Office of Government Ethics.

Question 12

The majority of federal district court prosecutorial work is handled by

A) U.S. attorneys.
B) Department of Justice attorneys.
C) Attorney general's staff attorneys.
D) U.S. special counsel.

Question 13

A defense attorney's role as a mediator and negotiator is most important at what stage of criminal proceedings?

A) Plea bargaining.
B) Trial.
C) Sentencing.
D) Appeal.

Question 14

A criminal defendant's right to counsel is guaranteed by the _______ Amendment to the U.S. Constitution.

A) Fourth.
B) Fifth.
C) Sixth.
D) Eighth.

Question 15

The right to counsel never applies to

A) Civil cases.
B) Misdemeanor cases.
C) Felony cases.
D) Embezzlement cases.

Question 16

In what case was the right to counsel made applicable to all state felony cases?

A) Argersinger v. Hamlin.
B) Powell v. Alabama.
C) Gideon v. Wainwright.
D) Betts v. Brady.

Question 17

The public defender system began in the state of

A) Texas.
B) California.
C) New York.
D) Virginia.

Question 18

Which attorney selection method allows indigent defendants to select their own attorney?

A) Public defender systems.
B) Assigned counsel system.
C) Voucher systems.
D) Contract defender system.

Question 19

Which method of attorney selection has been shown to give the greatest chance of success to indigent criminal defendants?

A) Public defender.
B) Assigned counsel.
C) Vouchers.
D) None of the above.

Question 20

In considering attorney competence, a court will consider

A) The existence of a specific procedural error.
B) Whether an attorney's actions negatively impacted the case.
C) Both a and b.
D) Neither a nor b.

Question 21

In primitive legal systems laws were created and administered by local legislative councils.

Question 22

In England, lawyers trained others who wanted to be lawyers in oratory schools.

Question 23

Law school education in the United States can cost between $23,000 and $42,600 per year.

Question 24

In the English legal system there are two types of lawyers: barristers and solicitors.

Question 25

There are more than 5 million practicing attorneys in the United States.

Question 26

One of the chief jobs of the prosecuting attorney is to represent the people of the state in criminal cases.

Question 27

The U.S. attorneys for each federal court district are appointed by the U.S. attorney general.

Question 28

Lawyers who handle personal injury cases (like those arising from automobile accidents) are typically considered high-status attorneys.

Question 29

The constitutional right to counsel for criminal defendants is provided for in the Fourth Amendment.

Question 30

Public defenders tend to be found in the largest urban counties in the United States.

Question 31

Describe the ways that prosecutors and law enforcement officers work with and are dependent on one another. What can cause tension in this relationship? How should these issues be addressed? Be specific and give examples.

Question 32

Discuss the various ways that indigent criminal defendants are able to obtain an attorney. What are the advantages and disadvantages of each method? Does one seem to best serve the goal of providing the assistance of counsel? Explain your reasoning.

Question 33

Discuss and compare the ways that disputes were resolved in primitive, transitional, and modern legal systems. What can be learned from primitive and transitional societies that would improve how matters are handled in modern legal systems? Be specific and give examples.

Question 34

Discuss the benefits and drawbacks of receiving a law degree from a school that is or is not accredited by the American Bar Association. What effect(s) might accreditation have on law school graduates? Should graduates from nonaccredited schools have any restrictions on taking bar exams or practicing law? Explain your reasoning.

Question 35

Discuss the reasons that attorneys may be drawn to civil rather than criminal law practice. What issues does this create? How could these be remedied?

Question 36

Its accreditation results in the similarity of nationwide law school curricula.

A) Pro bono
B) Case screening
C) U.S. Army Judge Advocate General's School
D) One-shotters
E) Inns of Court
F) Indigent defendants
G) Repeat players
H) American Bar Association
I) Administratively uncollectable debt
J) Harvard University

Question 37

Offers a specialized law degree program beyond the first degree in law.

A) Pro bono
B) Case screening
C) U.S. Army Judge Advocate General's School
D) One-shotters
E) Inns of Court
F) Indigent defendants
G) Repeat players
H) American Bar Association
I) Administratively uncollectable debt
J) Harvard University

Question 38

Place where English attorneys trained other individuals who wanted to become attorneys.

A) Pro bono
B) Case screening
C) U.S. Army Judge Advocate General's School
D) One-shotters
E) Inns of Court
F) Indigent defendants
G) Repeat players
H) American Bar Association
I) Administratively uncollectable debt
J) Harvard University

Question 39

Litigants that file suit only once or infrequently.

A) Pro bono
B) Case screening
C) U.S. Army Judge Advocate General's School
D) One-shotters
E) Inns of Court
F) Indigent defendants
G) Repeat players
H) American Bar Association
I) Administratively uncollectable debt
J) Harvard University

Question 40

First school to utilize the casebook method of teaching law.

A) Pro bono
B) Case screening
C) U.S. Army Judge Advocate General's School
D) One-shotters
E) Inns of Court
F) Indigent defendants
G) Repeat players
H) American Bar Association
I) Administratively uncollectable debt
J) Harvard University

Question 41

Responsibility of the U.S. attorney's office.

A) Pro bono
B) Case screening
C) U.S. Army Judge Advocate General's School
D) One-shotters
E) Inns of Court
F) Indigent defendants
G) Repeat players
H) American Bar Association
I) Administratively uncollectable debt
J) Harvard University

Question 42

Litigants that frequently have business in court and file lawsuits often.

A) Pro bono
B) Case screening
C) U.S. Army Judge Advocate General's School
D) One-shotters
E) Inns of Court
F) Indigent defendants
G) Repeat players
H) American Bar Association
I) Administratively uncollectable debt
J) Harvard University

Question 43

Legal assistance that is donated by attorneys as a form of community service.

A) Pro bono
B) Case screening
C) U.S. Army Judge Advocate General's School
D) One-shotters
E) Inns of Court
F) Indigent defendants
G) Repeat players
H) American Bar Association
I) Administratively uncollectable debt
J) Harvard University

Question 44

Individuals who cannot afford to hire their own attorneys.

A) Pro bono
B) Case screening
C) U.S. Army Judge Advocate General's School
D) One-shotters
E) Inns of Court
F) Indigent defendants
G) Repeat players
H) American Bar Association
I) Administratively uncollectable debt
J) Harvard University

Question 45

Procedures used to weed out the weakest or least important cases.

A) Pro bono
B) Case screening
C) U.S. Army Judge Advocate General's School
D) One-shotters
E) Inns of Court
F) Indigent defendants
G) Repeat players
H) American Bar Association
I) Administratively uncollectable debt
J) Harvard University