Pop quiz tuesday

Question 1

Lawyers may not

Answer 1

Mislead the court
Disclose cases

Question 2

The system is not

Answer 2

a truth finding system

Question 3

What is the model in other countries that look for the truth

Answer 3

Inquisitorial

Question 4

What is a Fiduciary relationship

Answer 4

Lawyers duty of honesty and acting on whats best for the client

Question 5

What is Pro-bono

Answer 5

a service lawyers are encouraged to provide for free to worthy causes and people.

Question 6

Pro se

Answer 6

When u represent urself

Question 7

What are things u can probably do w/o lawyer

Answer 7

-Simple divorce
-small claims court
-Adam reid getting hit by cars
-simple wills

Question 8

What is in house counsel

Answer 8

they represent big corportaions w/ lots of money

Question 9

What is public interest firms

Answer 9

firms w/ missions/cause

Question 10

What is gov attorney

Answer 10

prosecutors, assistant attorney generals, government attorneys that provide civil advice (and may include public defenders at the local and federal level – but
criminal defense lawyers, even if paid by the government, have different obligations).

Question 11

Public Prosecutors (or District Attorneys, and assistant attorney generals) are

Answer 11

Bound by proffessinoal code:
-prosecutors for both criminal and civil
-Duty is to do JUSTICE, not simple wina case

Question 12

Public defenders

Answer 12

represent those charged with crimes (according to constitution every criminal case gets free legal represntaion)

Question 13

All criminal defense attorneys must

Answer 13

zealously represent the defendant even if she knows he’s guilty
(duty is not to “do justice” but to the client. Duty is to represent client
even if the client has confessed to the lawyer.)

Question 14

The legal proffesion is

Answer 14

self regulating

Question 15

The rules of prof conduct are

Answer 15

are codified,
carrying the force of law,
binding on members of the bar.

Question 16

A breach of the rules of prof conduct may lead to an attorney being

Answer 16

Disiplined
Disbarment
Suspension
Probation
Censure

Question 17

What is the attorney client privilege

Answer 17

all communications, made to an attorney must remain confidential.
- Privilege does not apply to threat to do future harm;
- Privilege SURVIVES THE DEATH OF THE CLIENT –
- But note: it can be waived by client.
Alton Logan (60 Minutes).
The rest of the story…

Question 18

A prosecutor is not the “attorney” for the victim of a crime; thus, if the victim discloses
something to the prosecutor that might bear on the innocence of the accused, the prosecutor must turn this information over to the attorney for the accused.

Question 19

Duty of Confidentiality

Answer 19

protects ALL info that lawyers learn about client, during representation, even if not from client

Question 20

Ineffective assistance of counsel in CRIMINAL CASES =

Answer 20

Specific acts or omissions that were outside the bounds of professionally competent
assistance (in other words, “negligent conduct”);
AND
B. Counsel’s errors actually prejudiced the defendant to the point where he was denied a
fair trial.

Question 21

What is malpractice

Answer 21

when a civil litigants lawyer has committed significant errors

Question 22

In the American system, the ordinary rule is that everyone pays for their own lawyer unless…

Answer 22

1.A statute (law) says that if the plaintiff wins, the defendant pays his lawyer’s fees.
2. A contract includes a clause that says, if there is a dispute, and litigation, the prevailing party’s fees are paid by the losing party.

Question 23

Flat Rate

Answer 23

This is essentially an hourly rate, where the lawyer will be paid for each hour worked. This
may also be a “by the job” (e.g. a simple will).

Question 24

Retainers

Answer 24

Simply $ the client pays the lawyer, who “holds” it in his/her account and only draws the
money out in proportion the time spent working on the case.

Question 25

FEE SHIFTING

Answer 25

When the government creates a law that provides for the government to pay the plaintiff’s attorney’s fees if the plaintiff wins the case. This encourages lawyers to take cases of poor people b/c there is the possibility of a good pay day.

Question 26

Class Action Cases

Answer 26

Lawyers are paid an amount of money SET by the court, from the proceeds of the settlement. Some firms have carved out very lucrative/profitable practices once they get appointed lead counsel in a class action case.

Question 27

supremacy clause

Answer 27

provides that the Constitution, laws, and treaties of the United States are “the supreme Law of the Land.”

Question 28

preemption

Answer 28

is when n When Congress chooses to act exclusively in a concurrent area.In this circumstance, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject.

Question 29

What is the bill of rights

Answer 29

the first ten amendments to the US Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship.

Question 30

1st amendment

Answer 30

freedom of speech, religion, right to petition

Question 31

2nd amendment

Answer 31

bear arms

Question 32

3rd amendment

Answer 32

prohibits soldiers lodging in any house w/o consent

Question 33

4th amendment

Answer 33

prohibits unreasonable searches and seizure of ppl or property

Question 34

Symbolic speech is

Answer 34

gestures, movements, articles of clothing, and other forms of expressive conduct—is also given substantial protection by the courts.

Question 35

Content-Neutral Laws are

Answer 35

. Laws that regulate the time, manner, and place, but not the content, of speech receive less scrutiny by the courts than do laws that restrict the content of expression

Question 36

what laws may restirict free speech?

Answer 36

Compelling gov interest:he government’s interest is balanced against the individual’s constitutional right to free expression.. ex:school

Question 37

Generally, a restriction on commercial speech will be considered valid as long as it meets three criteria

Answer 37

1. It must seek to implement a substantial government interest. 2. It must directly advance that interest. 3. It must go no further than necessary to accomplish its objective.

Question 38

Criminal negligence

Answer 38

the defendant takes an unjustified, substantial, and foreseeable risk that results in harm. A defendant can be negligent even if she or he was not actually aware of the risk but should have been aware of it

Question 39

Strict liability crimes

Answer 39

are offenses that do not require a wrongful mental state to establish criminal liability

Question 40

Strict liability

Answer 40

crimes are offenses that do not require a wrongful mental state to establish criminal liability

Question 41

overcriminalization argues

Answer 41

when intent is removed ppl are likely to commit crimes unknowingly

Question 42

responsible corporate officer doctrine states

Answer 42

a court may impose criminal liability on a corporate officer who participated in, directed, or merely knew about a given criminal violation.

Question 43

Larceny

Answer 43

taking and carrying away of someone else’s personal property with the intent to permanently deprive the owner of possession

Question 44

Public Order Crime AKA victimless crimes

Answer 44

outlawed activities that are considered contrary to public values and morals.

Question 45

Organized Crime

Answer 45

groups operating illegitimately to provide illegal goods and services, such as narcotics.

Question 46

substantial-capacity test set forth in the Model Penal Code:

Answer 46

A person is not responsible for criminal conduct such conduct as a result of mental disease or defect he or she lacks substantial capacity either to appreciate the wrongfulness conduct or to conform thier conduct to the requirements of the law.

Question 47

Duress is

Answer 47

when the wrongful threat of one person induces another person to perform an act that he or she would not otherwise have performed.

Question 48

Entrapment is

Answer 48

designed to prevent police officers or other government agents from tricking ppl into committing a crime.

Question 49

to obtain a search warrant:

Answer 49

enforcement officers must convince a judge that they have reasonable grounds, or probable cause, to believe a search will reveal a specific illegality

Question 50

exclusionary rule

Answer 50

any evidence obtained in violation of the constitutional rights spelled out in the Fourth, Fifth, and Sixth Amendments generally is not admissible at trial.

Question 51

The Miranda Rule is

Answer 51

individuals who are arrested must be informed of certain constitutional rights 6th and 5th

Question 52

What is a contract

Answer 52

an agreement that can be enforced in court

Question 53

unilateral contract

Answer 53

formed not at the moment when promises are exchanged but at the moment when the contract is performed

Question 54

Bilateral contract

Answer 54

promise for a promise

Question 55

formal contracts

Answer 55

are contracts that require a special form or method of creation (formation) to be enforceable

Question 56

informal contract

Answer 56

No special form is required (except for certain types of contracts that must be in writing), as the contracts are usually based on their substance rather than their form

Question 57

express contract

Answer 57

the terms of the agreement are fully and explicitly stated in words, oral or written

Question 58

Implied contract

Answer 58

A contract that is implied from the conduct of the parties

Question 59

executed contract

Answer 59

A contract that has been fully performed on both sides

Question 60

executory contract

Answer 60

A contract that has not been fully performed by the parties

Question 61

valid contract has the elements necessary to entitle at least one of the parties to enforce it in court. What are the elements?

Answer 61

1. agreement 2. supported by legally sufficient consideration 3.made by parties w/ legal capacity 4. legal purpose.

Question 62

Voidable contract

Answer 62

a valid contract but one that can be avoided at the option of one or both of the parties

Question 63

unenforceable contract

Answer 63

is one that cannot be enforced because of certain legal defenses against it.

Question 64

Void Contracts

Answer 64

no contract at all. The terms void and contract are contradictory. None of the parties have any legal obligations if a contract is void. A contract can be void because one of the parties was determined by a court to be mentally incompetent

Question 65

Quasi contracts

Answer 65

contracts implied in law, are not actual contracts. Rather, they are fictional contracts that courts can impose on the parties “as if” the parties had entered into an actual contract.

Question 66

Contracts can be enforced by a court, the breach of which gives may give rise to money damages. The non-performing party is:

Answer 66

1.required to pay money 2. but in some situations money damages are inadequate: give prosied act or stop doing somehting

Question 67

Public Policy:

Answer 67

You can’t make a contract to do something against the law (or to ignore the law).

Question 68

Contracts can include their own rules for enforcement:

Answer 68

binding arbitration, attorney fees, choice of law provisions (which State’s contract law controls), and choice of physical forum.

Question 69

There are 6 parts of a valid contract *:

Answer 69

1. Capacity (also called “Competent Parties”) 2. Offer + Acceptance (Also called “Mutual Agreement”) 3. Genuine Assent (also called “Consent”) 4. Consideration 5. In form prescribed by law (#5 and #6 are often combined.) 6. Legal formation and execution

Question 70

A contract is Voidable at the discretion of that person, or that person’s guardian, etc. A. Minors

Answer 70

1. Competent party has duty of “restitution” to minor, e.g. putting the minor back in the same position as before the contract; 108 2. Minor also has duty to return property, etc., even if it has depreciated; 3. Minor also may have to make restitution, to make the other party “whole”. 4. Minor – once 18 -- may ratify the contract by NOT disavowing it, and accepting its terms and consequences. EXCEPT: Minor may not disavow contracts for “Necessities of Life”, e.g. medical, educational loans, military contracts, food, shelter, etc.

Question 71

A contract is Voidable at the discretion of that person, or that person’s guardian, etc. B. Mentally incompetent

Answer 71

Test: “objective cognitive understanding” test” – the person’s mental incapacity must render that person incapable of understanding or comprehending the nature of the transaction. Mere stupidity does not count.

Question 72

A contract is Voidable at the discretion of that person, or that person’s guardian, etc. C. Drunk/High

Answer 72

but only if you are so drunk that you are “incapable of understanding the nature of the transaction at the time.” Think..... drunk. The party NOT drunk must be returned to the status quo ante.