After Midterm Flashcards by Jamone Car

Rule 3.1

Meritorious Claims and Contentions

How well did you know this?

Not at all

Perfectly

No frivolous claims or defenses or make frivolous discovery request.

Rule 3.1

How well did you know this?

Not at all

Perfectly

A ________ shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

lawyer

How well did you know this?

Not at all

Perfectly

A lawyer _______ ______ bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

shall not

How well did you know this?

Not at all

Perfectly

A lawyer shall not _______ or _______ a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

bring or defend

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend ____ _________, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

a proceeding

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or ________ or _______ ___ ________ therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

assert

controvert an issue

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, _________ there is a basis in law and fact for doing so that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

unless

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a_______ ___ _____ ____ ________ for doing so that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

basis in law and fact

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact ____ ____ ______ that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

for doing so

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not _________, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

frivolous

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, ______ ________ a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

which includes

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a ____ _____ ______ argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

good faith law

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a _____ _____ ____ _______ for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

good faith law argument

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith law argument for an _________, _________ or __________ of _______ ______. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

extension, modification, or reversal of existing law

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A _________ for the ________ in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

lawyer

defendant

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a _______ _________, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

criminal proceeding

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in _________, may nevertheless so defend the proceeding as to require that every element of the case be established. Rule 3.1

incarceration

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so ______ ____ ________ as to require that every element of the case be established. Rule 3.1

defend the proceeding

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to _________ that every element of the case be established. Rule 3.1

require

How well did you know this?

Not at all

Perfectly

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith law argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that _____ _______ ___ ____ ______ ____ _______. Rule 3.1

every element of the case be established

How well did you know this?

Not at all

Perfectly

When you entertain whether to take the case it is whether it is frivolous. Is there a basis in ______ ____ _____ to make the argument or defense?

law and fact

How well did you know this?

Not at all

Perfectly

Rule 3.1 – Comment 1 ________ ___ ________

Limits to Advocacy

How well did you know this?

Not at all

Perfectly

Rule 3.1 – Comment 1 Limits to Advocacy

The __________ has a duty to use legal procedure for the fullest benefit of the client’s cause, but also a duty not to abuse legal procedure. The law, both procedural and substantive, establishes the limits within which an advocate may proceed. However, the law is not always clear and never is static. Accordingly, in determining the proper scope of advocacy, account must be taken of the law’s ambiguities and potential for change.

advocate

How well did you know this?

Not at all

Perfectly

Rule 3.1 – Comment 1 Limits to Advocacy The advocate has a ______ ___ ______ legal procedure for the fullest benefit of the client’s cause, but also a duty not to abuse legal procedure. The law, both procedural and substantive, establishes the limits within which an advocate may proceed. However, the law is not always clear and never is static. Accordingly, in determining the proper scope of advocacy, account must be taken of the law’s ambiguities and potential for change.

duty to use

Rule 3.1 – Comment 1 Limits to Advocacy The advocate has a duty to use _____ __________ for the fullest benefit of the client’s cause, but also a duty not to abuse legal procedure. The law, both procedural and substantive, establishes the limits within which an advocate may proceed. However, the law is not always clear and never is static. Accordingly, in determining the proper scope of advocacy, account must be taken of the law’s ambiguities and potential for change.

legal procedure

Rule 3.1 – Comment 1 Limits to Advocacy The advocate has a duty to use legal procedure for the fullest benefit of the client’s cause, but also a duty not to abuse legal procedure. The law, ______ ________ and _________ establishes the limits within which an advocate may proceed. However, the law is not always clear and never is static. Accordingly, in determining the proper scope of advocacy, account must be taken of the law’s ambiguities and potential for change.

both procedural and substantive

Rule 3.1 – Comment 1 Limits to Advocacy The advocate has a duty to use legal procedure for the fullest benefit of the client’s cause, but also a duty not to abuse legal procedure. The law, both procedural and substantive, ________ ____ ______ within which an advocate may proceed. However, the law is not always clear and never is static. Accordingly, in determining the proper scope of advocacy, account must be taken of the law’s ambiguities and potential for change.

establishes the limits

Rule 3.1 – Comment 1 Limits to Advocacy The advocate has a duty to use legal procedure for the fullest benefit of the client’s cause, but also a duty not to abuse legal procedure. The law, both procedural and substantive, establishes the limits within which an _______ ____ ______. However, the law is not always clear and never is static. Accordingly, in determining the proper scope of advocacy, account must be taken of the law’s ambiguities and potential for change.

advocate may proceed

Rule 3.1 – Comment 1 Limits to Advocacy The advocate has a duty to use legal procedure for the fullest benefit of the client’s cause, but also a duty not to abuse legal procedure. The law, both procedural and substantive, establishes the limits within which an advocate may proceed. However, the _______ is not always clear and never is static. Accordingly, in determining the proper scope of advocacy, account must be taken of the law’s ambiguities and potential for change.

law

Rule 3.1 – Comment 1 Limits to Advocacy The advocate has a duty to use legal procedure for the fullest benefit of the client’s cause, but also a duty not to abuse legal procedure. The law, both procedural and substantive, establishes the limits within which an advocate may proceed. However, the law is not always clear and never is static. Accordingly, in determining the ______ ______ ___ _______, account must be taken of the law’s ambiguities and potential for change.

proper scope of advocacy

Rule 3.1 – Comment 1 Limits to Advocacy The advocate has a duty to use legal procedure for the fullest benefit of the client’s cause, but also a duty not to abuse legal procedure. The law, both procedural and substantive, establishes the limits within which an advocate may proceed. However, the law is not always clear and never is static. Accordingly, in determining the proper scope of advocacy, account must be taken of the ______ ________ and ______ for ______.

law's ambiguities potential for change

An _______ ________ is used to determine whether an attorney’s claim is frivolous Would a reasonable attorney have believed a good faith argument could have been made for this claim

objective standard

An objective standard is used to determine whether an attorney’s claim is ________. Would a reasonable attorney have believed a good faith argument could have been made for this claim

frivolous

An objective standard is used to determine whether an attorney’s claim is frivolous Would a ________ _______ would have believed a good faith argument could have been made for this claim

reasonable attorney

An objective standard is used to determine whether an attorney’s claim is frivolous Would a reasonable attorney have believed a ______ ______ _______ could have been made for this claim

good faith argument

__________ – push through court system, __________ – underlying law that exists (tort law, etc.), Good faith argument.

procedural substantive

FRCP 11 is intended to do what?

Intended to discourage frivolous filings

FRCP 11(b)

Representations to the Court

FRCP 11(b)

FRCP 11(b) By ________ to the ______ a pleading, written motion, or other paper - whether by signing, filing, submitting or later advocating it - an attorney or unrepresented party certifies that to the best of the person's knowledge, information and belief, formed after an inquiry reasonable under the circumstances:

presenting court

FRCP 11(b) By presenting to the court a ________, ______ ______, or _____ ______ - whether by signing, filing, submitting or later advocating it - an attorney or unrepresented party certifies that to the best of the person's knowledge, information and belief, formed after an inquiry reasonable under the circumstances:

pleading written motion other paper

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper - whether by ______, ______, ________ or later _________ it - an attorney or unrepresented party certifies that to the best of the person's knowledge, information and belief, formed after an inquiry reasonable under the circumstances:

signing, filling, or submitting advocating

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper - whether by signing, filling, submitting or later advocating it - an ________ or _______ _______ certifies that to the best of the person's knowledge, information and belief, formed after an inquiry reasonable under the circumstances:

attorney unrepresented party

certifies knowledge, information, and belief

inquiry reasonable

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (1) It is not being presented for any ______ ______, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.

improper purpose

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (1) It is not being presented for any ______ _____, such as to _____, cause ______ _____, or needlessly increase the ______ of _______.

improper purpose harass unnecessary delay cost of litigation

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (2) The claims, defenses, and other legal contentions are _______ by ______ _____ or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law.

warranted existing law

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (2) The claims, defenses, and other legal contentions are warranted by existing law or by a __________ ________ for extending, modifying, or reversing existing law or for establishing new law.

non-frivolous argument

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (2) The claims, defenses, and other legal contentions are warranted by existing law or by a non-frivolous argument for ________, ________, or ________ ______ ______ or for _______ ____ _____.

extending modifying reversing existing law establishing new law

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (2) The _____, _______, and other ______ ______ are warranted by existing law, or by a non frivolous argument for extending, modifying, or reversing existing law or for establishing new law.

claims, defenses, legal contentions

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (3) The ______ ________ have evidentiary support or, if specifically, so identified will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

factual contentions

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (3) The factual contentions have ______ _______ or, if specifically, so identified will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

evidentiary support

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (3) The factual contentions have evidentiary support or, if specifically, so identified will likely have ________ _________ after a _______ ________ for further investigation or discovery; and

evidentiary support reasonable opportunity

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (3) The factual contentions have evidentiary support or, if specifically, so identified, will likely have evidentiary support after a reasonable opportunity for further __________ or ________; and

investigation discovery

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (4) The _______ of factual contentions are warranted on the evidence, of, if specifically, so identified, are reasonably based on belief or lack of information.

denials

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (4) The denials of ____ _______ are warranted on the evidence or, if specifically, so identified, are reasonably based on belief or lack of information.

factual contentions

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (4) The denials of factual contentions are ________ on the _______, or if specifically, so identified, are reasonably based on belief or lack of information.

warranted on the evidence

FRCP 11(b) By presenting to the court a pleading, written motion, or other paper – whether by signing, filing, submitting or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (4) The denials of factual contentions are warranted on the evidence or, if specifically, so identified, are reasonably based on ________ or ______ ____ _______.

belief or lack of information

If you violate 11(b) you are likely the subject of

11(c) sanctions

Day 1 is the best the case is ever going to be. You can rely on the facts your client gives you and the idea that ________ will elucidate supporting information. Lower standard at initial pleading than every other filing that you submit to the court and the reason for this is because you have to file to start discovery and they are not going to turn it over until you file.

discovery

Broader framework for lawyer conduct 8.4(c) Filing a _________ claim would fall under 8.4 and 3.1 8.4(d) could include slowing down court procedure

frivolous

Rule 11(c)

Sanctions

Rule 11(c)

Rule 11(c) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been _______, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

violated

Rule 11(c) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule ______ has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

11(c)

Rule 11(c) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate _______ on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

sanction

Rule 11(c) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any ______, _____ _____, or _______ that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

attorney law firm party

Rule 11(c) (1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent _________ __________, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

exceptional circumstances

Rule 11(c) (1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held _______ ________ for a violation committed by its partner, associate, or employee.

jointly responsible

Rule 11(c) (1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its _________, ________, or ________.

partner, associate, or employee.