Deck 5: Judges,lawyers,and Ethics

Question 1

Conscientious objection argues that ______.

A)law in itself is a public good
B)lawyers must represent their clients with zealousness
C)there may be circumstances that are so offensive to the lawyer's sense of morality that the lawyer may decline to represent the client
D)the main focus of the attorney should be to stay neutral in all elements of the case,and represent all clients who come to them

Answer 1

C

Question 2

The primary obligation of the lawyer is to ______.

A)see that justice is done
B)see that the Constitution is always respected
C)try to work out a solution that is fair to all parties involved
D)vigorously serve the client's interest within the legal and ethical rules

Answer 2

D

Question 3

Lawyer-client confidentially is waived or negated if the client ______.

A)refuses to pay the agreed-upon fee
B)is actually guilty of the crime charged
C)fires the attorney
D)consults the attorney in furtherance of crime or fraud

Answer 3

D

Question 4

The principle difference between the adversarial and inquisitorial systems of justice is the ______.

A)quality of their judiciary
B)roles of judges and lawyers
C)rules of evidence
D)procedural safeguards

Question 5

Legal ethics codes were a direct product of the ______.

A)emergence of the organized bar
B)dissatisfaction with lawyers
C)competition with non-lawyers
D)Progressive Era

Question 6

By 1914,______ of all state bar associations had adopted the Cannons of Professional Ethics accepted by the ABA.

A)10%
B)25%
C)50%
D)75%

Question 7

According to Model Rule 3.3,this rule ______.

A)states that legal representation should not be denied to those who are unable to afford legal services
B)adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
C)requires lawyers must take "reasonable remedial measures" when they come to know evidence is false
D)allows a lawyer to withdraw representation if the client insists upon pursuing objectives the lawyer finds repugnant or prudent

Question 8

According to ABA Model Rule 1.16,this rule ______.

A)states that legal representation should not be denied to those who are unable to afford legal services
B)adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
C)allows a lawyer to withdraw representation if the client insists upon pursuing objectives the lawyer finds repugnant or prudent
D)even in a serious criminal case,a defendant cannot be forced to be represented by counsel

Question 9

According to Model Rule 1.6 (b)(1),this rule ______.

A)states that legal representation should not be denied to those who are unable to afford legal services
B)adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
C)requires lawyers must take "reasonable remedial measures" when they come to know evidence is false
D)allows a lawyer,in certain narrowly defined circumstances,to disclose confidential client information to prevent future harm

Question 10

Ethical standards for lawyers are built on the principle of ______.

A)neutrality
B)adversity
C)discussion
D)partisanship

Question 11

In the adversarial system,the trial judge ______.

A)is an active participant in presentation of the case
B)can control lawyer strategy
C)is basically a passive umpire or referee
D)has the final say on ethical issues

Question 12

The principle of ______ justifies a lawyer taking a case that might be morally repugnant.

A)neutrality
B)honesty
C)trust
D)reliance

Question 13

In the mid-19th century Wood (1854)argued that the ethical issue of ______ led to the corruption and degradation of the legal profession,nevertheless the Supreme Court ruled the practice valid in 1877.

A)attorney-client privilege
B)the duty of zealous representation
C)solicitation
D)contingent fees

Question 14

Which of the following is an expression that has a multitude of possible meanings and is frequently used to signify rules governing professions?

A)personal ethics
B)professional ethics
C)primal ethics
D)educational ethics

Question 15

The view that lawyers have superior knowledge,skills,and experience and therefore must know what is best is known as the ______ view.

A)superiority
B)paternalistic
C)modern
D)historic

Question 16

Which of the following reasons are not one of the reasons commonly argued in favor of the adversarial system as outlined by Luban (1988)?

A)It is the best way of defending the rights of inmates.
B)The nature of the attorney-client relationship is intrinsically worrisome.
C)It honors human dignity.
D)It prevents abuse through checks and balances.

Question 17

The Supreme Court in the case of Faretta v.California (1975)held that ______.

A)states that legal representation should not be denied to those who are unable to afford legal services
B)adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
C)allows a lawyer to withdraw representation if the client insists upon pursuing objectives the lawyer finds repugnant or prudent
D)even in a serious criminal case,a defendant cannot be forced to be represented by counsel

Question 18

The work lawyers performed during ______ varied according to location,but criminal law remained a staple along with debt collection.

A)1865-1915
B)1870-1922
C)1889-1954
D)1890-1915

Question 19

Which philosopher strongly attacked the notion of confidentiality that protected a lawyer from testifying when client had admitted guilt?

A)Cesare Beccaria
B)Jeremy Bentham
C)John Rawls
D)St Thomas Aquinas

Question 20

According to Simon (1994),a lawyer's basic job is to ______.

A)see that justice is done
B)introduce accurate evidence
C)see that the Constitution is always respected
D)concern themselves with the punishment of their client

Question 21

In 2011,the Innocence Project reported that failing to disclose evidence to the defense had contributed to convictions in ______% of the first 100 cases of exoneration revealed by the Project.

A)25
B)37
C)45
D)66

Question 22

Research suggests that offenders who kill ______ victims are significantly more likely to be charged with a capital crime.

A)Black
B)White
C)Hispanic
D)Asian

Question 23

Both due process and ethical rules require that prosecutor's ______.

A)reveal evidence to the defense if that evidence tends to negate guilt
B)see that the defendant has the best qualified attorney available
C)not engage in plea bargaining
D)seek the most severe punishment legally authorized

Question 24

Which of the following have some said undermines the system of justice?

A)lawyer negligence
B)unrestrained zeal
C)lawyer incompetence
D)lawyer posturing

Question 25

The contest between prosecution and defense ______ the rights of the individual to the power of the state.

A)counterbalance
B)balance
C)interfere with
D)ensure

Question 26

The American Bar Association Standing Committee on Ethics and Professional Responsibility in a formal opinion on Rule 3.8 has noted ______.

A)courts as well as commentators have recognized that the ethical obligation is more demanding than the constitutional obligation
B)courts have recognized the need for prosecutors to hide exculpatory evidence in some cases
C)commentators recommend that misdemeanor cases revert to a preponderance of the evidence as the burden of proof to speed up the trial process
D)that in some circumstances,the defense attorney may break privilege when the attorney clearly knows the defendant is guilty

Question 27

The ABA suggests that in deciding whether to bring charges,criteria to be considered should include ______.

A)the harm caused by the offense
B)the possibility of improper motives for a complaint
C)the reluctance of the victim to testify
D)all of these

Question 28

In which of the following cases did the court rule that a lawyer was entitled to withdraw from a case in which their client admitted perjury and would be subject to disciplinary action only if he continued the case without reporting the matter to the court?

A)McKissick v.United States
B)Dodd v.Florida Bar
C)Nix v.Whiteside
D)Nix v.Williams

Question 29

Prosecutors act in an adversarial capacity,which requires ______ advocacy.

A)extraordinary
B)zealous
C)representative
D)balanced

Question 30

A prosecutor who is under a duty to keep the public informed about pending cases has a corresponding duty not to make statements out of court that might prejudice the right to a fair trial is in reference to Model Rule ______.

A)1.3
B)1.13
C)6.1
D)6.2

Question 31

According to Model Rule 1.3,______.

A)legal representation should not be denied to those who are unable to afford legal services
B)adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
C)a lawyer is to act with reasonable diligence and promptness when representing a client
D)requires lawyers must take "reasonable remedial measures" when they come to know evidence is false

Question 32

Prosecutors have almost ______ immunity in so far as their decisions to bring charges.

A)diverse
B)limited
C)absolute
D)regulated

Question 33

According to the U.S.Supreme Court and many ethics codes,the primary duty of the criminal prosecutor is to ______.

A)protect the public
B)see that the guilty are convicted and punished
C)see that justice is done
D)guarantee that the punishment fits the crime

Question 34

Model Rule 3.3 ______.

A)adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
B)states that a lawyer is to act with reasonable diligence and promptness when representing a client
C)legal representation should not be denied to those who are unable to afford legal services
D)lawyers may not assist a client in committing perjury

Question 35

In which court case did the United States Supreme Court rule that exculpatory evidence not made available to the accused could result in denial of the constitutional right to a fair trial?

A)Brady v.Maryland
B)United States v.Agurs
C)Dodd v.Florida Bar
D)Nix v.Whiteside

Question 36

If the lawyer has accepted a criminal case but then finds out that the client is clearly guilty but wants to fight the charges,the lawyer ______.

A)is required to withdraw from the case
B)may withdraw from the case if the judge is informed of this reason
C)can continue and require that the prosecution prove the case beyond a reasonable doubt
D)enter a plea of guilty on behalf of the client

Question 37

Michael Nifong,the district attorney for Durham County,N.C.,was disbarred because ______.

A)he failed to disclose to the defendants that their DNA samples did not match any of the DNA from unidentified males found on the alleged victim's body and clothing
B)he dismissed of all charges against the Duke athletes
C)the defense attorney for the Duke athletes complained that he was charging a more serious crime than was warranted by the evidence
D)he was not disbarred.He was censured by the Ethics Commission and banned from practicing law for 5 years in North Carolina

Question 38

Prosecutors have wide ______.

A)varieties of cases
B)discretion
C)probable cause
D)authority

Question 39

In regards to the timing of prosecution's pretrial disclosure of evidence to the defense ______.

A)courts are in agreement as to the timing as there are precise standards
B)courts are not in agreement as to the timing because the standards lack precision
C)courts require a hearing before disclosure can be made
D)courts have stated that judges must determine individually when disclosure must occur,and that date needs to be set prior to each trial

Question 40

Plea bargaining occurs in what percentage of all criminal cases?

A)25%
B)62%
C)78%
D)95%

Question 41

What process is used by prosecutors where they charge a person with more than one crime with the intention of dropping the most serious charge(s)in hopes the defendant will plead to the lesser charge(s)?

A)Charging
B)Overcharging
C)Indicting
D)Filing multiple prosecutorial information documents at the same time

Question 42

By 1914,three quarters of all state bar associations had adopted the Canons,and in most states complaints about lawyer misconduct were heard by bar association committees followed by a possible appeal to the court.

Question 43

Which of the following is true about judges?

A)They must be faithful to the law.
B)Partisan elections can raise questions about influences elected judges may be subject to.
C)They are expected to disqualify themselves in any proceeding in which their impartiality is questioned.
D)all of these

Question 44

Ethical rules require lawyers to accept any case and client who can pay the fee.

Question 45

Ethical rules for lawyers are shaped,at least in part,by the adversarial system

Question 46

Which of the following is an ethically permissible,extra-judicial activity for judges?

A)accepting gifts from prosecutors
B)accepting a loan from another judge
C)giving a gift to the public defender
D)having a house-warming party

Question 47

In a study of which state did researchers find that banning plea bargains did not overload the court system?

A)Alabama
B)Alaska
C)Arizona
D)Arkansas

Question 48

A Code of Judicial Conduct was adopted by the ABA in ______,

A)1960
B)1970
C)1980
D)1990

Question 49

Which of the following is not one of the arguments against partisan judicial elections?

A)that nominees are selected based on political grounds instead of merit
B)that voters have a tendency to be swayed by nonjudicial qualifications
C)that many qualified candidates seek office because they get to run a political campaign
D)that having to seek reelection deters many qualified candidates

Question 50

If a client tells the lawyer that he or she will lie on the witness stand,the ethical rules require that the lawyer do nothing about the situation.

Question 51

What could lead prosecutors to resist indicting a police officer in an excessive force case?

A)Prosecutors may need police to cooperate with them in current cases.
B)Prosecutors have absolute discretion.
C)Prosecutors try to avoid interacting with police.
D)Prosecutors cannot make particular statements outside of court.

Question 52

Supporters of the adversary system argue that it is better than the inquisitorial system in protecting the rights of criminal defendants.

Question 53

Lawyers tend to see their role in securing justice as an important contribution toward establishing an efficient legal system,as supporting law as an institution,and as promoting procedural justice.

Question 54

Plea bargains benefit the prosecutor in which of the following ways ______.

A)they save time
B)they eliminate expenses of trial
C)they prevent the system from becoming overloaded
D)all of these

Question 55

A major area of prosecutorial misconduct in the form of misleading conduct arises from the prosecutor's dealings with ______.

A)defendants
B)judges
C)juries
D)defense attorneys

Question 56

The legal and ethical rules generally leave prosecutors with little discretion in their jobs.

Question 57

Which of the following is an example of prosecutorial misconduct?

A)The prosecution attempting to intimidate or improperly influence key witnesses.
B)Prosecutors contacted the employer of a witness who refused to cooperate and caused her to be terminated from that employment.
C)Prosecutors threatened to issue a grand jury subpoena to the 13-year-old son of one defendant and to force the boy to testify against his father.
D)all of these

Question 58

The general duty of confidentiality is broader than the lawyer-client privilege.

Question 59

The primary ethical duties of a judge are to ______.

A)see that justice is done and that the guilty are punished
B)act without bias or prejudice and follow the law
C)see that the public interest is protected and integrity of the court upheld
D)see that the guilty are punished and that the public interest is protected

Question 60

Ethical rules prohibit prosecutors from engaging in plea bargaining.

Question 61

Which court case ruled it is a prosecutor's constitutional duty to make voluntary disclosure of evidence?

Question 62

Prosecutors are often criticized for overcharging.Briefly define the term "overcharging."

Question 63

The judge in the inquisitorial system and the system itself,(in contrast with the adversarial system)are primarily concerned with ______.

Question 64

Prosecutors who engage in ethical misconduct are frequently discipline or punished.

Question 65

Lawyer-Client confidentiality is voided or negated if the client consults the attorney in furtherance of ______.

Question 66

What is frequently used to signify rules governing professionals and professions?

Question 67

Describe the role trust plays in professionalism.

Question 68

What is the basic legal and ethical obligation of a prosecutor?

Question 69

Identify the reason Michael Nifong was disbarred.

Question 70

Briefly define plea bargaining.

Question 71

In which system of law do parties and their lawyers play a principle role of gathering evidence and examining witnesses in court,and the court plays a less active role?