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Test Bank For Legal Ethics 4th Edition Kent Kauffman, Erin Rybicki Chapter 1-8 Chapter 01: Legal Ethics: The Essentials for Professional Responsibility 1. The profession of becoming a lawyer is currently declining.
a. True b. False ANSWER: FEEDBACK:
False Correct Incorrect According to the American Bar Association, there are more than 1.325 million lawyers in the United States, up 14 percent from only ten years ago.
POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False LEARNING OBJECTIVES: LegEth4e 1-1 - Explain the role of legal ethics and professional responsibility within the legal practice and how legal professionals are regulated DATE CREATED: 2/15/2022 12:31 AM DATE MODIFIED: 2/15/2022 12:58 AM 2. Every state in the United States has the same bar exam. a. True b. False ANSWER: False FEEDBACK: Correct Incorrect The practice of law is jurisdiction-specific; there is no such thing as a national bar exam. An applicant to the bar must take the bar exam of the state (including the District of Columbia) where one wants to be licensed to practice law
POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False LEARNING OBJECTIVES: LegEth4e 1-2 - Compare and contrast the role and function of the American Bar Association’s Model Rules with jurisdiction-specific rules concerning legal ethics DATE CREATED: 2/15/2022 12:43 AM DATE MODIFIED: 2/15/2022 12:45 AM 3. Almost all states require a separate Ethics Exam portion of the Bar Exam before they may become licensed. a. True b. False ANSWER: True FEEDBACK: Correct Beyond the bar exam, applicants to practice law in all but two jurisdictions must also pass the Multistate Professional Responsibility Exam (MPRE), a legal ethics exam created by the National Conference of Bar Examiners. Copyright Cengage Learning. Powered by Cognero.
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Incorrect
POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False LEARNING OBJECTIVES: LegEth4e 1-2 - Compare and contrast the role and function of the American Bar Association’s Model Rules with jurisdiction-specific rules concerning legal ethics DATE CREATED: 2/15/2022 12:46 AM DATE MODIFIED: 2/15/2022 12:48 AM 4. All attorneys must pay their dues as well as complete continuing education courses on an annual basis in order to remain licensed and in good standing. a. True b. False ANSWER: True FEEDBACK: Correct All those who want to keep their law licenses in good standing need to pay their annual bar fees, in addition to getting their minimum required annual continuing legal education (CLE) credits. Incorrect
POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False LEARNING OBJECTIVES: LegEth4e 1-2 - Compare and contrast the role and function of the American Bar Association’s Model Rules with jurisdiction-specific rules concerning legal ethics DATE CREATED: 2/15/2022 12:48 AM DATE MODIFIED: 2/15/2022 12:49 AM 5. The disciplinary process generally contains five similar components (complaint, investigation, prosecution, deposition, and appeal). a. True b. False ANSWER: False FEEDBACK: Correct Incorrect Although not identical in every jurisdiction, the disciplinary process generally includes four similar components: complaint, investigation, prosecution, and appeal.
POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False LEARNING OBJECTIVES: LegEth4e 1-2 - Compare and contrast the role and function of the American Bar Association’s Model Rules with jurisdiction-specific rules concerning legal ethics DATE CREATED: 2/15/2022 12:49 AM DATE MODIFIED: 2/15/2022 12:51 AM 6. Common law is law that has been created by the Legislative branch. a. True Copyright Cengage Learning. Powered by Cognero.
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False Correct Incorrect This phrase has three related definitions. In this context, common law refers to judge made law, or the process whereby appellate courts make precedent that lower courts must follow.
POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False LEARNING OBJECTIVES: LegEth4e 1-2 - Compare and contrast the role and function of the American Bar Association’s Model Rules with jurisdiction-specific rules concerning legal ethics DATE CREATED: 2/15/2022 12:51 AM DATE MODIFIED: 2/15/2022 12:52 AM 7. The ABA licenses and regulates attorneys. a. True b. False ANSWER: False FEEDBACK: Correct Incorrect Because the ABA is a private association and does not license lawyers, these ethics opinions are advisory only and do not have the force of law.
POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False LEARNING OBJECTIVES: LegEth4e 1-1 - Explain the role of legal ethics and professional responsibility within the legal practice and how legal professionals are regulated DATE CREATED: 2/15/2022 12:54 AM DATE MODIFIED: 2/15/2022 12:56 AM 8. All attorneys who are found guilty of a conduct violation will be disbarred. a. True b. False ANSWER: False FEEDBACK: Correct Incorrect An attorney who violates the rules of conduct in his or her jurisdiction is subject to discipline by the court that granted that attorney’s law license, following an investigation by a disciplinary commission and a hearing. Sanctions can range from a reprimand to disbarment.
POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False LEARNING OBJECTIVES: LegEth4e 1-1 - Explain the role of legal ethics and professional responsibility within the legal practice and how legal professionals are regulated DATE CREATED: 2/15/2022 1:00 AM DATE MODIFIED: 2/15/2022 1:00 AM Copyright Cengage Learning. Powered by Cognero.
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9. Paralegals are directly liable for any violations of the rules of professional conduct. a. True b. False ANSWER: False FEEDBACK: Correct Incorrect While not directly responsible to a court for violations of professional ethics rules, paralegals are indirectly responsible, because attorneys are accountable for the misconduct of their paralegals and legal assistants.
POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False LEARNING OBJECTIVES: LegEth4e 1-3 - Explain how paralegals and attorneys can contribute to maintaining legal ethics in the workplace DATE CREATED: 2/15/2022 1:01 AM DATE MODIFIED: 2/18/2022 12:01 AM 10. All states require completion and passing of law school prior to taking the Bar Exam. a. True b. False ANSWER: False FEEDBACK: Correct Incorrect While law school is certainly required for nearly all jurisdictions, a few states offer special opportunities for individuals who are uniquely qualified to attempt the state bar. For example, California residents who complete a qualified apprenticeship with a lawyer or judge for four years may qualify to take the state bar exam even if they have not successfully earned a juris doctorate from a law school.
POINTS: 1 QUESTION TYPE: True / False HAS VARIABLES: False LEARNING OBJECTIVES: LegEth4e 1-1 - Explain the role of legal ethics and professional responsibility within the legal practice and how legal professionals are regulated DATE CREATED: 2/15/2022 1:09 AM DATE MODIFIED: 2/15/2022 1:10 AM 11. The Rules of Professional Conduct were developed in 1969. a. True b. False ANSWER: False FEEDBACK: Correct Incorrect After a six-year process, in 1983 the ABA adopted the Model Rules of Professional Conduct, which were designed to replace the Model Code of Professional Responsibility.
POINTS: QUESTION TYPE: HAS VARIABLES:
1 True / False False
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LEARNING OBJECTIVES: LegEth4e 1-2 - Compare and contrast the role and function of the American Bar Association’s Model Rules with jurisdiction-specific rules concerning legal ethics DATE CREATED: 2/15/2022 1:12 AM DATE MODIFIED: 2/15/2022 1:13 AM 12. The creation of legal ethics courses in American law schools is a result of ______________. a. the Vietnam War b. the Cold War c. the Watergate scandal d. the stock market crash ANSWER: c FEEDBACK: a. b. c. The creation of legal ethics courses in American law schools is largely a result of the Watergate scandal of the 1970s.
d. POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False LEARNING OBJECTIVES: LegEth4e 1-1 - Explain the role of legal ethics and professional responsibility within the legal practice and how legal professionals are regulated DATE CREATED: 2/15/2022 1:13 AM DATE MODIFIED: 2/15/2022 1:14 AM 13. The practice of law is ____________. a. national b. jurisdiction specific c. based on where the person went to school d. limited to one state only ANSWER: b FEEDBACK: a. b. The practice of law is jurisdiction-specific; there is no such thing as a national bar exam.
c. d. POINTS: 1 QUESTION TYPE: Multiple Choice HAS VARIABLES: False LEARNING OBJECTIVES: LegEth4e 1-1 - Explain the role of legal ethics and professional responsibility within the legal practice and how legal professionals are regulated DATE CREATED: 2/15/2022 1:15 AM DATE MODIFIED: 2/15/2022 1:17 AM 14. When an attorney is granted permission from a state to practice law for a specific case only, it is referred to as ______________. Copyright Cengage Learning. Powered by Cognero.
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