Deck 5: Judges, Lawyers, and Ethics

Question 1

The Supreme Court in the case of Faretta v. California (1975), held that:

A) States that legal representation should not be denied to those who are unable to afford legal services
B) Adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
C) Allows a lawyer to withdraw representation if the client insists upon pursuing objectives the lawyer finds repugnant or prudent
D) Even in a serious criminal case, a defendant cannot be forced to be represented by counsel

Answer 1

D

Question 2

According to Model Rule 1.6 (b)(1), this rule:

A) States that legal representation should not be denied to those who are unable to afford legal services
B) Adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
C) Requires lawyers must take "reasonable remedial measures" when they come to know evidence is false
D) Allows a lawyer, in certain narrowly defined circumstances, to disclose confidential client information to prevent future harm

Answer 2

D

Question 3

The view that lawyers have superior knowledge, skills, and experience and therefore must know what is best is known as the:

A) Superiority view
B) Paternalistic view
C) Modern view
D) Historic view

Answer 3

B

Question 4

According to Simon (1994), a lawyers basic job is to:

A) See that justice is done
B) Introduce accurate evidence
C) See that the Constitution is always respected
D) Concern themselves with the punishment of their client

Question 5

Which of the following is an expression that has a multitude of possible meanings and is frequently used to signify rules governing professions?

A) Personal ethics
B) Professional ethics
C) Primal ethics
D) Educational ethics

Question 6

Legal ethics codes were a direct product of:

A) The emergence of the organized bar
B) The dissatisfaction with lawyers
C) The competition with non-lawyers
D) The Progressive Era

Question 7

Lawyer-client confidentially is waived or negated if the client:

A) Refuses to pay the agreed-upon fee
B) Is actually guilty of the crime charged
C) Fires the attorney
D) Consults the attorney in furtherance of crime or fraud

Question 8

The principle of ______________ justifies a lawyer taking a case that might be morally repugnant.

A) neutrality
B) honesty
C) trust
D) reliance

Question 9

According to Model Rule 3.3, this rule:

A) States that legal representation should not be denied to those who are unable to afford legal services
B) Adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
C) Requires lawyers must take "reasonable remedial measures" when they come to know evidence is false
D) Allows a lawyer to withdraw representation if the client insists upon pursuing objectives the lawyer finds repugnant or prudent

Question 10

The primary obligation of the lawyer is to:

A) See that justice is done
B) See that the Constitution is always respected
C) Try to work out a solution that is fair to all parties involved
D) Vigorously serve the client's interest within the legal and ethical rules

Question 11

Which of the following reasons are not one of the reasons commonly argued in favor of the adversarial system as outlined by Luban (1988):

A) It is the best way of defending the rights of inmates
B) The nature of the attorney-client relationship is intrinsically worrisome
C) It honors human dignity
D) It prevents abuse through checks and balances

Question 12

By 1914, of all state bar associations had adopted the Cannons of Professional Ethics accepted by the ABA.

A) 10%
B) 25%
C) 50%
D) 75%

Question 13

The principle difference between the adversarial and inquisitorial systems of justice is the:

A) quality of their judiciary
B) roles of judges and lawyers
C) rules of evidence
D) procedural safeguards

Question 14

In the adversarial system the trial judge:

A) Is an active participant in presentation of the case
B) Can control lawyer strategy
C) Is basically a passive umpire or referee
D) Has the final say on ethical issues

Question 15

Which philosopher strongly attacked the notion of confidentiality that protected a lawyer from testifying when client had admitted guilt?

A) Cesare Beccaria
B) Jeremy Bentham
C) John Rawls
D) St Thomas Aquinas

Question 16

The work lawyers performed during varied according to location, but criminal law remained a staple along with debt collection.

A) 1865-1915
B) 1870-1922
C) 1889-1954
D) 1890-1915

Question 17

Ethical standards for lawyers are built on the principle of:

A) neutrality
B) adversality
C) discussion
D) partisanship

Question 18

In the mid-19th century Wood (1854) argued that the ethical issue of ________________________ led to the corruption and degradation of the legal profession, nevertheless the Supreme Court ruled the practice valid in 1877.

A) attorney-client privilege
B) the duty of zealous representation
C) solicitation
D) contingent fees

Question 19

According to ABA Model Rule 1.16, this rule:

A) States that legal representation should not be denied to those who are unable to afford legal services
B) Adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
C) Allows a lawyer to withdraw representation if the client insists upon pursuing objectives the lawyer finds repugnant or prudent
D) Even in a serious criminal case, a defendant cannot be forced to be represented by counsel

Question 20

Conscientious objection:

A) Argues that law in itself is a public good
B) Argues that lawyers must represent their clients with zealousness
C) Argues that there may be circumstances that are so offensive to the lawyer's sense of morality that the lawyer may decline to represent the client
D) Argues that the main focus of the attorney should be to stay neutral in all elements of the case, and represent all clients who come to them

Question 21

Which of the following have some said undermines the system of justice?

A) lawyer negligence
B) unrestrained zeal
C) lawyer incompetence
D) lawyer posturing

Question 22

Michael Nifong, the district attorney for Durham County, N.C., was disbarred because:

A) He failed to disclose to the defendants that their DNA samples did not match any of the DNA from unidentified males found on the alleged victim's body and clothing
B) He dismissed of all charges against the Duke athletes
C) The defense attorney for the Duke athletes complained that he was charging a more serious crime than was warranted by the evidence
D) He was not disbarred. He was censured by the Ethics Commission and banned from practicing law for 5 years in North Carolina

Question 23

According to the U.S. Supreme Court and many ethics codes, the primary duty of the criminal prosecutor is to:

A) Protect the public
B) See that the guilty are convicted and punished
C) See that justice is done
D) Guarantee that the punishment fits the crime

Question 24

Model Rule 3.3:

A) Adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
B) States that a lawyer is to act with reasonable diligence and promptness when representing a client
C) Legal representation should not be denied to those who are unable to afford legal services
D) Lawyers may not assist a client in committing perjury

Question 25

The contest between prosecution and defense the rights of the individual to the power of the state.

A) Counterbalance
B) Balance
C) Interfere with
D) Ensure

Question 26

A prosecutor who is under a duty to keep the public informed about pending cases has a corresponding duty not to make statements out of court that might prejudice the right to a fair trial is in reference to Model Rule:

A) 1.3
B) 1.13
C) 6.1
D) 6.2

Question 27

The ABA suggests that in deciding whether to bring charges, criteria to be considered should include:

A) The harm caused by the offense
B) The possibility of improper motives for a complaint
C) The reluctance of the victim to testify
D) All of the above

Question 28

In 2011, the Innocence Project reported that failing to disclose evidence to the defense had contributed to convictions in % of the first 100 cases of exoneration revealed by the Project.

A) 25
B) 37
C) 45
D) 66

Question 29

Research suggests that offenders who kill victims are significantly more likely to be charged with a capital crime.

A) Black
B) White
C) Hispanic
D) Asian

Question 30

In which court case did the United States Supreme Court rule that exculpatory evidence not made available to the accused could result in denial of the constitutional right to a fair trial?

A) Brady v. Maryland
B) United States v. Agurs
C) Dodd v. Florida Bar
D) Nix v. Whiteside

Question 31

In which of the following cases did the court rule that a lawyer was entitled to withdraw from a case in which their client admitted perjury and would be subject to disciplinary action only if he continued the case without reporting the matter to the court?

A) McKissick v. United States
B) Dodd v. Florida Bar
C) Nix v. Whiteside
D) Nix v. Williams

Question 32

Prosecutors have wide:

A) Varieties of cases
B) Discretion
C) Probable cause
D) Authority

Question 33

Prosecutors have ______________ immunity in so far as their decisions to bring charges.

A) diverse
B) limited
C) absolute
D) regulated

Question 34

Plea bargaining occurs in what percentage of all criminal cases?

A) 25
B) 62
C) 78
D) 95

Question 35

The American Bar Association Standing Committee on Ethics and Professional Responsibility in a formal opinion on Rule 3.8 has noted:

A) Courts as well as commentators have recognized that the ethical obligation is more demanding than the constitutional obligation
B) Courts have recognized the need for prosecutors to hide exculpatory evidence in some cases
C) Commentators recommend that misdemeanor cases revert to a preponderance of the evidence as the burden of proof to speed up the trial process
D) That in some circumstances, the defense attorney may break privilege when the attorney clearly knows the defendant is guilty

Question 36

If the lawyer has accepted a criminal case but then finds out that the client is clearly guilty but wants to fight the charges, the lawyer:

A) Is required to withdraw from the case
B) May withdraw from the case if the judge is informed of this reason
C) Can continue and require that the prosecution prove the case beyond a reasonable doubt
D) Enter a plea of guilty on behalf of the client

Question 37

Prosecutors act in an adversarial capacity, which requires advocacy.

A) Extraordinary
B) Zealous
C) Representative
D) Balanced

Question 38

Both due process and ethical rules require that prosecutors:

A) Reveal evidence to the defense if that evidence tends to negate guilt
B) See that the defendant has the best qualified attorney available
C) Not engage in plea bargaining
D) Seek the most severe punishment legally authorized

Question 39

In regards to the timing of disclosure of evidence:

A) Courts are in agreeance as to the timing
B) Courts are not in agreeance as to the timing
C) Courts require a hearing before disclosure can be made
D) Courts have stated that judges must determine individually when disclosure must occur and that date needs to be set prior to each trial

Question 40

According to Model Rule 1.3:

A) Legal representation should not be denied to those who are unable to afford legal services
B) Adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
C) A lawyer is to act with reasonable diligence and promptness when representing a client
D) Requires lawyers must take "reasonable remedial measures" when they come to know evidence is false

Question 41

The primary ethical duties of a judge are to:

A) See that justice is done and that the guilty are punished
B) Act without bias or prejudice and follow the law
C) See that the public interest is protected and integrity of the court upheld
D) See that the guilty are punished and that the public interest is protected

Question 42

If a client tells the lawyer that he or she will lie on the witness stand, the ethical rules require that the lawyer do nothing about the situation.

Question 43

Which of the following is an example of prosecutorial misconduct?

A) The prosecution attempting to intimidate or improperly influence key witnesses.
B) Prosecutors contacted the employer of a witness who refused to cooperate and caused her to be terminated from that employment.
C) Prosecutors threatened to issue a grand jury subpoena to the 13-year-old son of one defendant and to force the boy to testify against his father.
D) All of these

Question 44

A Code of Judicial Conduct was adopted by the ABA in:

A) 1960
B) 1970
C) 1980
D) 1990

Question 45

Supporters of the adversary system argue that it is better than the inquisitorial system in protecting the rights of criminal defendants.

Question 46

The legal and ethical rules generally leave prosecutors with little discretion in their jobs.

Question 47

What process is used by prosecutors where they charge a person with more than one crime with the intention of dropping the most serious charge(s) in hopes the defendant will plead to the lesser charge(s)?

A) Charging
B) Overcharging
C) Indicting
D) Filing multiple prosecutorial information documents at the same time

Question 48

In a study of which state did researchers find that banning plea bargains did not overload the court system?

A) Alabama
B) Alaska
C) Arizona
D) Arkansas

Question 49

Which of the following is an ethically permissible, extra-judicial activity for judges?

A) accepting gift from prosecutor
B) accepting a loan from another judge
C) giving a gift to the public defender
D) having a house warming party

Question 50

Ethical rules for lawyers are shaped, at least in part, by the adversarial system

Question 51

Prosecutors who engage in ethical misconduct are frequently discipline or punished.

Question 52

Which of the following is not one of the arguments against partisan judicial elections?

A) that nominees are selected based on political grounds instead of merit
B) that voters have a tendency to be swayed by nonjudicial qualifications
C) that many qualified candidates seek office because they get to run a political campaign
D) that having to seek reelection deters many qualified candidates

Question 53

Which of the following is true about judges:

A) They must be faithful to the law
B) Partisan elections can raise questions about influences elected judges may be subject to
C) They are expected to disqualify themselves in any proceeding in which their impartiality is questioned
D) All of the above

Question 54

By 1914, three quarters of all state bar associations had adopted the Canons, and in most states complaints about lawyer misconduct were heard by bar association committees followed by a possible appeal to the court.

Question 55

Ethical rules prohibit prosecutors from engaging in plea bargaining

Question 56

Lawyers tend to see their role in securing justice as an important contribution toward establishing an efficient legal system, as supporting law as an institution, and as promoting procedural justice.

Question 57

The general duty of confidentiality is broader than the lawyer-client privilege.

Question 58

Ethical rules require lawyers to accept any case and client who can pay the fee.

Question 59

Plea bargains benefit the prosecutor in which of the following ways:

A) They save time
B) They eliminate expenses of trial
C) They prevent the system from becoming overloaded
D) All of the above are benefits

Question 60

A major area of prosecutorial misconduct in the form of misleading conduct arises from the prosecutor's dealings with:

A) defendants
B) judges
C) juries
D) defense attorneys

Question 61

In which system of law do parties and their lawyers play a principle role of gathering evidence and examining witnesses in court, and the court plays a less active role?

Question 62

What is the basic legal and ethical obligation of a prosecutor?

Question 63

Prosecutors are often criticized for overcharging. Briefly define the term "overcharging."

Question 64

Describe the role trust plays in professionalism.

Question 65

The judge in the inquisitorial system and the system itself, (in contrast with the adversarial system) are primarily concerned with ________.

Question 66

Describe the arguments for and against partisan election of judges. Which option do you believe provides for more impartiality by the judge? Why?

Question 67

Lawyer-client confidentiality is voided or negated if the client consults the attorney in furtherance of _______.

Question 68

Identify the reason(s) Michael Nifong was disbarred.

Question 69

Briefly define plea bargaining.

Question 70

Which court case ruled it is a prosecutor's constitutional duty to make voluntary disclosure of evidence?

Question 71

Discuss some of the primary duties of the prosecutor.

Question 72

Define, discuss, compare and contrast the adversarial and inquisitorial systems of justice.

Question 73

What is frequently used to signify rules governing professionals and professions?

Question 74

Describe why judges are held to an even higher standard than other lawyers.

Question 75

Discuss three arguments in favor of defense attorneys defending clients whom the attorney knows is guilty.