Full Review major concepts

Question 1

Prohibited objectives of representation CA Law

Answer 1

May not bring action/defense without PC and for purpose of harassing or maliciously injuring or being claim not warranted under existing law with our good faith argument for modification extension or reversal of law

Question 2

Duty to Reject

Answer 2

Must reject rep if it would violate rule of ethics or law or physical or mental ability impairs rep. Should not take if can’t prepare promptly competently diligent and to completion

Question 3

Limiting client objectives

Answer 3

Permissible if reasonable and informed consent

Question 4

When client is disabled

Answer 4

Can take reasonable protective action

Can reveal confident info to extent necessary to protect

Can take emergency action as long as reasonably belief unrepped

Question 5

Must withdraw from rep

Answer 5

Violate ethics or law

CA knows or reasonably should know violate ethics rules (not law)

Mental or phys health materially impairs - CA substantially impairs

Knows or should know bad faith claim

Question 6

CA Fee splitting

Answer 6

Must be written agreement
Client consents in writing full disclosure
Fees not increased

Question 7

Referral fees

Answer 7

MPRE no

CA - may gift gratuity to person making recommendation if no one consideration of promise or agreement for future referrals. Referrals to other lawyers ok if they meet fee splitting rules

Question 8

No L/C privilege CA

1. Estate dispute if dead CL
2. Information to prevent criminal act with death or substantial harm

Answer 8

Answer

Question 9

When no Duty of Confidentiality

Answer 9

Client gives informed consent
Necessary for rep
Substantial bodily harm CA only if criminal must attempt to dissuade and inform of ability
RB to prevent fraud RB certain to cause financial injury when used L service NOT IN CA
L/C dispute

Question 10

RULE FOR ALL CONFLICTS

Answer 10

Must not rep if risk of materially limited UNLESS

1. RB he will be able to provide competent and diligent rep
2. Not prohibited by law
3. Not assertion of claim by one client against another in same litigation or proceeding and
4. Affected client gives informed consent confirmed in writing or written consent

Question 11

Opposing lawyer related/ sex

Answer 11

MPRE - may not represent unless each gives informed consent. Not imputed

CA- not permitted when KSK relative on other side or lives/relationship unless written disclosure to client

No sex after rep, cannot waive. If org can’t bone someone with authority

Question 12

Business transaction with clien

Answer 12

Cannot do business or acquire adverse interest unless

1. Fully disclosed in writing
2. Fair to client
3. Client understands
4. Advised to seek independent counsel and has time
5. Client consent in writing after disclosure and lawyers terms

Question 13

Conflict with firms when L switches

Answer 13

MR. not imputed if
Screened
No fee
Certification of compliance at reasonable intervals

CA
L cannot substantially participate in prior representation
Screened and no fee
Written notice to former client

Old Firm
No restriction on old Ls clients unless

Question 14

Other conflict stuff

Answer 14

Former Gov L in private practice

Of participated substantially and personally, only with informed consent in writing - cannot use confidential info

Question 15

Dilligence

Answer 15

Not bound to press for all advantages
Control worklod
Pursue to completion
CA- not reckless repeated gross neg fails to act with reasonable dilligence

Question 16

Malpractice

Answer 16

Negligence
Breach of duty
Cause
Actual damages
May not limit recovery unless CL independent rep
May not settled unrepped unless told to get counsel

Question 17

Prosecutor duties

Answer 17

No prosecution without PC
Advise right to counsel
Not seek PT rights waiver
Disclose exculpatory evidence
Disclose new evidence if credible and material
If in JDX give to D and open investigation
Must reverse if clear and convincing
No extrajudicial statements or letting others make

Question 18

Advertisin

Answer 18

No false or misleading statement
Advertiser must be identified, include name and address MR1- just contact info
Solicitation- targeted CA - no real time communication unless lawyer or other relationship

Targeted mailings - must label as advertisement

Question 19

Partner/associate liability

Answer 19

Reasonable efforts to ensure compliance

P liable for associate if ratifying bad conduct

Subordinate lawyer - does not violate if acting in accordance with supervised resolution of arguable question of professional duty

Question 20

Employing disbarred lawyer

Answer 20

May not render advise
Make appearances
Negotiation for client
Handle funds 
Other law 

May do legal prep, speak to clients with regard to updates and billing

Go with lawyer to dep for clerical assistance

Must notify bar

Question 21

Sale of practice

Answer 21

MR 
Cease practice
Notice to clients, transfer 90 days
Sold to lawyers 
Fee not increased

CA same as above but can still practice busy must sell whole firm

Question 22

Principal fraudulent concealment

Answer 22

3rd party not liable to principal if excluded by contract or existence fraudulently concealed

Principal liable if detrimental change in position by 3rd party due to agent with actual authority, principal knew of conduct and did not take steps to notify 3rd party

Question 23

Supreme Court abstention

Answer 23

State issue resolved by state court eliminates need for federal issue

Complex state statute scheme of great importance

Enjoining criminal punishment

Double proceedings

Question 24

Exceptions to diversity

Answer 24

Probate and marital law

Interpleader - only two claimants need to be diverse

Class action if more than 5 million

Accident if 75 people or more die

1. A d resides in at least one other state
2. Two d’s in different states or
3. Substantial act in two different states

Court will realign if necessary

Question 25

Citizenship of minors

Answer 25

Legal rep is citizen of where person repping is. Minor is deemed citizen of parent state with custody

Question 26

Destroying diversity

Answer 26

Cannot assign claims to destroy May not create by failing to hound indispensable party Voluntary citizenship ok if genuine intent to reside Substitute for dead party- ok Replace do to wrong name - not ok Ct has discretion to demand if diversity destroyed

Question 27

Supplemental JDX

Answer 27

Plaintiff can never exercise supplemental JDX

Question 28

In personam JDX

Answer 28

Voluntary presence Domicile Consent Due process- minimum contacts doesn’t offend fair play and substantial justice Sufficient contact to foresee being taken to court there Specific and general Fair play substantial justice. 1. State interest in adjudication 2. Burden on D 3. Efficient resolution 4. Shares interest of states

Question 29

Venue

Answer 29

Fed court Where any D resides if all in same state or Where substantial part of events occurred Fall back is any state with PJ over any D Venue CA Transitory - where D resides, not not in CA any county Contract- where executed or performed PI where injury occurred If multiple venues, proper where any D resides Transfer ca. Occur if - fair trial impossible Non-conveniens, no qualified jusge

Question 30

Injunction requirements

Answer 30

Irreparable harm Success on merits Balance of equity Public interest

Question 31

Joinder

Answer 31

Any right to relief asserted joint several or in alternative and common question of law or fact Cant join if it destroys diversity Necessary party- complete relief cannot be afforded May impair ability to protect interest A sense leads to inconsistent obligations

Question 32

Class action

Answer 32

Numerosity - joinder impractical Ccommonality - law or fact Typicality- claims typical of class Adequacy- must fairly and accurately rep class ``` CA class action Ascertainable class Community of interest Common question of law fact predominate Benefit parties and adequately rep ```

Question 33

General discover rules

Answer 33

FRE: Initial - individuals with discoverable info including subjects; all docs to support claims; insurance; damages computation 14 days after discovery conference Experts 90 days before unless to contradict, then in 30 days CA: no mandatory Balance all disco requests with right to privacy Dep: 10 dep limit, can’t redepose, depose before discovery conference CA: no dep limit but 20 day time limit, each dep limited to 7 hours unless stop, complex case, expert, business designation

Question 34

JMOL and JNOV

Answer 34

FRE must be renewed CA - doesn’t need to be renewed

Question 35

New trial

Answer 35

``` Error at trial New evidence that was excusably overlooked Misconduct Against evidence False evidence Excessive or inadequate ```

Question 36

Relief from judgment

Answer 36

No later than one year after judgment for Mistake surprise or excusable begleb t New evidence that could not be discovered Fraud No time limit: judgment void or based on other judgment

Question 37

Appeals

Answer 37

30 days after entry of last remaining motion or judgment Final judgment on merits CA- one party can appeal if final without express findings Interlocutors- immediate appeal if for an injunction, appointing receiver, admiralty or if district court certifies ``` CA immediate appeals Order after judgment Quash service or non conveniens New trial or denying JNOV Injunction s Sanctions over 5k ```

Question 38

Res judicata claim preclusion Valid final judgment on merits Sufficiently identical claims Sufficiently identical parties

Answer 38

``` Issue preclusion Same issue Actually litigated Final valid judgment Essential to judgment ```

Question 39

Con law timeliness

Answer 39

Ripe or moot Caps bale of repetition but evading review D ceases Collateral consequences Class action

Question 40

Commerce clause

Answer 40

Regulate channels instrumentalities, substantial effect Substantial effect - rational basis for concluding total incidence substantially effects

Question 41

Dormant commerce clause

Answer 41

Cannot discriminate against out of state commerce - unless necessary to important state interests- local interest and no other means Unduly burden interstate commerce -balancing test of purpose of law vs less restrictive alternatives Regulate outside activities Can discriminate if market participant or traditional government function entities

Question 42

Procedural due process

Answer 42

Notice opportunity key to be heard Balance interest affected Risk of erroneous Deprivation Government interest in additional process

Question 43

Strict scrutiny

Answer 43

Fundamental right Least restrictive means for compelling state interest Burden on Givernment

Question 44

Rational basis

Answer 44

Not fundamental right | Rationally related to legitimate government interest

Question 45

Fundamental rights

Answer 45

Travel- some waiting periods ok for benefits but must be treated equally Voting Privacy- includes marriage, contraception, etc. 2nd amendment

Question 46

Equal Peotection

Answer 46

Strict scrutiny - least restrictive means for compelling interest - fundamental right or suspect class Intermediate scrutiny - substantially related to important interest Rational basis - no higher standards Showing discrimination - on its face is discriminatory Applied in discriminatory way Applied with discriminatory motive

Question 47

Privileges and immunities

Answer 47

Applies only to citizens Cant discriminate against out of state citizen regarding fundamental rights unless No residents are part of the problem and no other means