Quiz One

Question 1

What is the term for a mechanism used to prevent conflicts of interest within a law firm?
a) Ethical Wall
b) Vicarious Liability
c) Actus Reus
d) Non-durable power of attorney

Answer 1

a)

Question 2

Who oversees the conduct of attorneys and handles complaints in the legal profession?
a) Board of Bar Overseers
b) Entity
c) Detour
d) Lobbying

Answer 2

a)

Question 3

Which term refers to a situation where an attorney is torn between duties or interests that conflict with each other?
a) Conflict of Interest
b) Filing
c) Pleading
d) Moving Party

Answer 3

a)

Question 4

What is the legal doctrine that holds one party responsible for the actions of another party?
a) Vicarious Liability
b) In-house Counsel
c) Frolic
d) Capacity

Answer 4

a)

Question 5

What does IOLTA stand for in the context of legal practice?
a) Interest on Lawyers Trust Accounts
b) M ens Rea
c) Guardian Ad Litem
d) Anti-Slapp Statute

Answer 5

a)

Question 6

What is discovery?

Answer 6

A phase in a case where both sides in a lawsuit share information and evidence to understand the case better before trial.

Question 7

True or False: A Durable Power of Attorney remains effective even if the principal becomes incapacitated.

Answer 7

true

Question 8

True or False: In-house Counsel typically work for law firms, not corporations.

Answer 8

false

Question 9

Eggshell plaintiff

Answer 9

Someone who is extra vulnerable or fragile, and if they get harmed, anyone responsible cannot use their fragility as a defense.

Question 10

True or False: Pleading and Filing are two distinct stages in legal proceedings.

Answer 10

true

Question 11

Explain the concept of “ethical wall” and how it is used in the legal profession to prevent conflicts of interest.

Answer 11

An “ethical wall” is a set of procedures and safeguards used in a law firm to prevent conflicts of interest by isolating attorneys and their access to certain information

Question 12

Sua Sponte

Answer 12

A judge is taking action on their initiative without a request from parties involved in a case.

Question 13

What is agency theory, and how does it relate to the legal profession?

Answer 13

Agency theory explores relationships where one party (the agent) acts on behalf of another (the principal). In the legal profession, the principal is liable for the actions of the agent.

Question 14

What is an agent?

Answer 14

A representative acting on behalf of another in various matters.

Question 15

What is a principal?

Answer 15

Hires an agent to act on his behalf.

Question 16

Express authority

Answer 16

Clear, direct permission given by the principal to the agent to do specific tasks.

Question 17

Implied authority

Answer 17

Things an agent has to do that are reasonable necessary to carry out express authority

Question 18

Why would an attorney be hesitant to represent two people in a divorce case, and how might they navigate such a situation?

Answer 18

Attorneys may hesitate to represent both parties in a divorce due to potential conflicts of interest. To navigate, they might seek informed consent or recommend separate counsel.

Question 19

Describe the process of a conflict check that a law firm typically conducts.

Answer 19

In a conflict check, law firms examine potential conflicts of interest among attorneys by reviewing current and past clients and cases, ensuring ethical representation.

Question 20

Case Law

Answer 20

Rules and decisions that come from previous court cases and help guide decisions in new cases

Question 21

Statutory law

Answer 21

Rules and regulations made my legislatures that are written down and apply to everyone.

Question 22

Conflict Between state and federal law

Answer 22

When state and federal laws disagree, federal law takes precedence.

Question 23

Describe the purpose of IOLTA accounts and how they benefit both clients and the legal profession. Why are they a crucial part of attorney-client relationships?

Answer 23

IOLTA accounts are used to hold clients’ funds, with the interest earned benefiting charitable purposes. They ensure that client funds are safely maintained.

Question 24

Negligence

Answer 24

Being irresponsible in a way that can bring unintentional harm to others

Question 25

Perjury

Answer 25

When someone lies or gives false information under oath

Question 26

How does a non-durable power of attorney differ from a durable power of attorney, and in what situations might it be used?

Answer 26

It grants an agent the authority to act on behalf of the principal but becomes ineffective if the principal becomes incapacitated

Question 27

What role does in-house counsel play within a corporation, and how do they differ from external attorneys working for law firms?

Answer 27

Attorneys employed by corporations to provide legal advice and representation to the company they work for, rather than external clients.

Question 28

In a legal context, what does the term "capacity" mean and how does that apply to legal situations.

Answer 28

Capacity refers to ones ability to understand and make informed decisions.

Question 29

What is meant by "filing" in legal proceedings, and how does the act of filing documents impact the progression of a case?

Answer 29

refers to submitting legal documents to the court or relevant authorities to initiate or respond to legal actions. It is fundamental

Question 30

Describe the concept of "pleading" and explain its significance in initiating and responding to legal actions.

Answer 30

refers to the formal written documents filed by parties to initiate or respond to a lawsuit. It sets out the claims, defenses, and issues in dispute.

Question 31

In legal terminology, what does the term "detour" signify

Answer 31

a temporary and minor deviation from the course of employment by an employee. It may typically make the employer liable for the employee's actions

Question 32

Define the term "frolic"

Answer 32

a deviation from the course of employment by an employee, often involving personal activities. The employer is usually not held liable for the employee's actions during a frolic.

Question 33

What is a "moving party" in the context of legal proceedings, and how does their role differ from other parties involved in a case?

Answer 33

the party that initiates or brings a motion or request before the court. It is the party seeking a specific order or action from the court.

Question 34

Suborning Purjury

Answer 34

Forcing someone to lie under oath