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Criminal Justice

Instructions.                                                                                                                              

  1. Read your questions carefully before answering.
  2. Select the best possible answer.                                                                                                                                                
  1. Under the ABA Model Rules of Professional Responsibility, contingency fees:
  2. must be in writing
  3. are a percentage of the amount of damages which are ultimately awarded in a client’s legal matter
  4. limit the amount of the lawyer’s recovery
  5. A, B, and C
  6. only A and B

 

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  1. The following are all exceptions to the duty to maintain confidentiality, EXCEPT:
  2. the lawyer believes revealing client information is the best strategy to win the case
  3. prevention of a crime or fraud
  4. assist the lawyer with a defense to a dispute between the lawyer and the client
  5. prevention of perjury

 

  1. Acting as a zealous advocate, includes all the following duties, EXCEPT:
  2. duty of collecting fees
  3. duty of competence
  4. duty of diligence
  5. duty of communication

 

  1. The case establishing the two-prong test for ineffective assistance of counsel is:
  2. Brady v. Maryland (1963)
  3. Powell v. Alabama (1932)
  4. Strickland v. Washington (1984)
  5. Gentile v. State Bar of Nevada (1991)

 

  1. The following are examples of frivolous claims or cases, EXCEPT:
  2. underlying motive for initiating the case is to harass or injure another
  3. the client is unlikely to prevail
  4. attorney is unable to make a good faith argument for reversal of existing law
  5. no basis in law or fact exists to support the claim

 

  1. The ABA’s Model Rules of Professional Responsibility addresses the confidentiality of client information in:
  2. ABA Model Rule 1.1
  3. ABA Model Rule 1.15
  4. ABA Model Rule 1.6
  5. ABA Model Rule 1.3

 

  1. A lawyer can terminate their representation of a client only when:
  2. the client is difficult to communicate with
  3. the lawyer believes the client will not be able to pay
  4. the client disagrees with the lawyer’s decision regarding a specific fact of the case
  5. the relationship between the lawyer and client has deteriorated to the point that the lawyer is unable to effectively represent the client and he or she receives court approval

 

  1. The prevailing consideration of a lawyer is:
  2. winning the case
  3. to seek the truth
  4. the best interest of the client
  5. satisfying the client

 

  1. The most common complaint brought against lawyers is:
  2. the failure to provide competent legal representation
  3. the failure to communicate with clients
  4. commingling
  5. bringing frivolous claims or defenses to the court

 

  1. When a lawyer is provided the chance to engage in business opportunities with client(s), the overriding consideration for lawyers is that the transaction be:
  2. fair to the client
  3. reasonable to the client
  4. in writing all of those above
  5. none of those above

 

  1. ABA Model Rule 6.2 encourages lawyers to accept court appointments unless they can show good cause. Good cause includes all the following, EXCEPT:
  2. the client or case is so repugnant to the lawyer that effective representation may be jeopardized
  3. accepting the case may cause the lawyer to violate an ethical rule or law
  4. lack of expertise in the area of law required to properly defend the case
  5. the court appointment fee is much lower than the lawyer’s customarily charged fee

 

  1. Commingling occurs when:
  2. client funds or property are not kept separate from the lawyer’s personal or business accounts
  3. client funds or property are placed in a separate trust fund
  4. client funds or property are given to an incorrect representative
  5. the lawyer provides court fees during the course of litigation on behalf of the client

 

  1. A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness, unless:
  2. the testimony relates to an uncontested issue
  3. the testimony relates to the nature and value of legal services rendered in the case
  4. disqualification of the lawyer would work substantial hardship on the client
  5. all of those above
  6. none of those above

 

  1. Statements that do NOT violate the prohibition against lawyers’ extrajudicial statements, include all of the following, EXCEPT:
  2. a request for assistance in obtaining necessary evidence and information
  3. information regarding a plea, confession, or admission
  4. that investigation of a matter is in progress
  5. information contained in public record

 

  1. When a lawyer becomes aware that their client, a defendant in a criminal case, will commit perjury on the stand, they may:
  2. refuse to call the defendant to the stand
  3. notify the court that the defendant will testify in narrative form
  4. question the defendant on only those matters about which they will offer truthful testimony
  5. A, B, and C
  6. only B and C

 

 

  1. When judges are unfamiliar with the law in a particular area, they should:
  2. ask their colleagues about the matter
  3. conduct independent research
  4. ask the lawyers in the case
  5. A, B, and C
  6. only A and B

 

  1. The Federal Rule of Evidence stating that the judge presiding at the trial may not testify in the trial as a witness is:
  2. Federal Rule of Evidence 605
  3. Federal Rule of Evidence 403
  4. Federal Rule of Evidence 201
  5. Federal Rule of Evidence 705

 

  1. Prosecutors MUST:
  2. ensure that each criminal charge is supported by probable cause
  3. utilize the resources of the government in a manner to ensure that the legal process and the rights of criminal defendants are protected
  4. ensure that criminal defendants receive a fair trial
  5. all of those above
  6. none of those above

 

  1. The case establishing the prosecution’s duty to hand over exculpatory evidence to the defense is:
  2. Brady v. Maryland (1963)
  3. Powell v. Alabama (1932)
  4. Strickland v. Washington (1984)
  5. Gentile v. State Bar of Nevada (1991)

 

  1. The following are examples of frivolous claims or cases, EXCEPT:
  2. underlying motive for initiating the case is to harass or injure another
  3. the client is unlikely to prevail
  4. attorney is unable to make a good faith argument for reversal of existing law
  5. no basis in law or fact exists to support the claim

 

  1. The ABA’s Model Rules of Professional Responsibility addresses the special duties of a prosecutor in:
  2. ABA Model Rule 3.8
  3. ABA Model Rule 1.15
  4. ABA Model Rule 1.6
  5. ABA Model Rule 1.3

 

  1. The case that held federal prosecutors are not required to disclose exculpatory evidence to a federal grand jury is:
  2. Brady v. Maryland (1963)
  3. United States v. Bagley (1985)
  4. United States v. Williams (1992)
  5. Powell v. Alabama (1932)

 

  1. In the federal system, judges are appointed by:
  2. the U.S. Attorney General with the approval of Congress
  3. Congress
  4. the President of the United States with the approval of Congress
  5. the Secretary of the Interior with the approval of Congress

 

  1. Communication between the judge and only one side of the case is known as:
  2. ex parte communication
  3. lawyer-judge communication
  4. a priori communication
  5. bribery

 

  1. Examples of behavior that may give the appearance of judge impropriety include:
  2. conveying the impression to the public that the judge can influence cases
  3. attending events where inappropriate behavior occurs
  4. making inappropriate comments
  5. all of those above
  6. none of those above

 

  1. Once an individual is selected to be a judge, they cannot:
  2. travel internationally
  3. teach in higher education
  4. continue to engage in the practice of law
  5. attend social functions

 

  1. The anti-contact rule holds that:
  2. there is a general prohibition against contact or communication by anyone involved in a legal dispute with individuals who are represented by counsel
  3. there is a general prohibition against contact or communication by attorneys with individuals who are represented by counsel
  4. there is a general prohibition against contact or communication regarding any matter by attorneys with individuals who are represented by counsel
  5. there is a general prohibition against contact or communication by attorneys with individuals who are represented by counsel with or without consent of the represented individual

 

  1. A judge is responsible for:
  2. instructing the jury on the law
  3. ensuring that the court proceedings are conducted in a fair and impartial manner
  4. ruling on matters which arise
  5. all of those above
  6. none of those above

 

  1. Judges have discretion over all the following matters, EXCEPT:
  2. use of expert witnesses
  3. whether to allow the defendant to testify in a criminal trial
  4. sentencing
  5. scheduling and docket management

 

  1. The Missouri Plan is:
  2. currently used by more than 20 states
  3. elects judges by popular vote retention
  4. designed to ensure that potential judicial candidates are well-qualified
  5. All of the above
  6. only B and C

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