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Bachelor of Law > Lawyer's Ethic S1-B3 > Flashcards

Lawyer's Ethic S1-B3 Flashcards

May 2024

1
Q

implores

A

beg

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2
Q

writ

A

a doc written to commence civil proceeding

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3
Q

r4.09 of County Court

A

overarching obligations certification shall be in Form 4A

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4
Q

r4.10 of County Court

A

the proper basis certification shall be in Form 4B

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5
Q

extraneous

A

irrelevant

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6
Q

inter alia

A

among other things

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7
Q

albeit

A

though

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8
Q

transpires

A

come to be known

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9
Q

siphoning

A

draining

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10
Q

implicated

A

involved, exposed

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11
Q

exposé

A

a news report that reveals something illegal or dishonest to the public

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12
Q

mandate

A

authority or approval

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13
Q

philanthropist

A

humanitarian, benefactor

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14
Q

interior

A

inside

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15
Q

interior minister

A

or home affair minister is responsible for internal affairs

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16
Q

exert

A

bring to bear

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17
Q

behest

A

instruction

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18
Q

bulk

A

large part

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19
Q

prudent

A

wise

20
Q

commissions

A

formally tasks someone with

21
Q

onerous

A

burdensome

22
Q

who hosts LPUL?

A

Vic

23
Q

Who hots the rule made under LPUL?

A

NSW

24
Q

how did Vic host LPUL?

A

by enacting LPULAA and making LPUL a schedule to the Application Act 2014

25
Q

do Victorian Practitioners have to compy with NSW rules?

A

yes

26
Q

name all the NSW rules made under LPUL

A

LPUGR - Legal Profession Uniform General Rules 2015 (NSW)

SR - Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW)

BR - Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW)

27
Q

who looks after a practitioner’s affair and compliance with law?

A
  • Victorian Legal Admissions Board
  • Victorian Legal Services Commissioner
  • Victorian Legal Services Board
  • Victorian Civil and
    Administrative Tribunal
  • Legal Services Council whose functions include the
    establishment of an Admissions Committee to make rules on admission to practice.
28
Q

A solicitor’s duty to the court and the administration of justice is paramount ?

A

r3 - SR2015

29
Q

A solicitor must not engage in dishonourable or disreputable conduct ?

A

r5 - SR2015

30
Q

r4 of SR?

A

4.1 Solicitor’s Fundamental Duties:
4.1.1 act in the best interests of a client,
4.1.2 be honest and courteous in all dealings in the course of legal practice,
4.1.3 deliver legal services competently, diligently and as promptly as reasonably possible,
4.1.4 avoid any compromise to their integrity and professional independence,
4.1.5 comply with these Rules and the law.

31
Q

Victorian Legal Admissions Board (VLAB)’s role?

A

to assess application to admission to practice in Vic and to delegate task to Victorian Legal Admissions Committee (VLAC).

32
Q

the role of VLAC?

A

grants “certificates” to applicants whom it considers suitable for admission to practice, based on Admission Rule

33
Q

which rule is equivalent to r3,4 for barristers?

A

r4, 8 BR

34
Q

r8 of BR?

A

barristers must not engage in dishonest or disreputable conduct.

35
Q

The Victorian Legal Admissions Board (VLAB)’s responsibility?

A

VLAB is responsible for assessing applications for admission to practice in Victoria

36
Q

who grants the certificate of admission to practice?

A

Victorian Legal Admissions Committee (VLAC)

37
Q

the core function Victorian Legal Services Commissioner (VLSC) ?

A

to handle complains about lawyers whether consumer related or disciplinary

38
Q

can VCAT hear disputes already resolved by VLSC?

A

Yes and can direct the issue to Supreme Court

39
Q

from whom can a solicitor gain advice related to ethical matters?

A

Law Institute of Victoria (LIV)

40
Q

main function of VLAB

A

Prescribes requirements for law courses and practical
legal training; accredits law courses and law schools;
regulates admission to practice

41
Q

main function of VLSB?

A

Regulates trust accounts and trust money; grants,
renews, suspends and cancels practising certificates

42
Q

main function of VLSC?

A

Handles complaints (claims and conduct), enforces
discipline

43
Q

main function of VLST?

A

Reviews VLSB and VLSC decisions, hears disputes,
makes disciplinary orders, recommends removal from
the roll

44
Q

main function of SCV?

A

Admission, discipline, removal from the roll (striking off)

45
Q

explain the practitioner’s liability to the Client in Tort

A

a solicitor has no duty to accept a case, but once work is accepted a duty of care arises not to cause loss or damage to the client - May v Mijatovic [2002] WASC 151

46
Q
A

Bachelor of Law (8 decks)

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