JURI 580 Quiz 3 Limits
JURI 580 Quiz 3 Limits on Zealous Representation
- Because Lawyers function in an adversarial system, there are no rules that limit zealous advocacy on behalf of a client.
- Rule 11 sanctions are governed by a subjective standard.
- Due to the natural of the adversarial system, there are no rules that govern discovery and attorneys can use whatever means that they desire to gather information.
- A Lawyer can knowingly make material misstatements of law or fact during negotiations with opposing parties.
- A Judge may ethically volunteer for non-profit religious, charitable, fraternal and civic organizations.
- The Model Rules of Professional Conduct ALWAYS prohibits a Lawyer from receiving a fee for serving as a trustee for a trust.
- Lawyers are generally permitted to contact jurors after a case has been concluded after they have been discharged from their duties as jurors.
- Most States have enacted rules to require that lawyers provide at least 100 hours of pro-bono service a year.
- The Innocence Project identified eyewitness misidentification as one of the leading causes of wrongful convictions.
- A Lawyer may not file frivolous actions in the hope of convincing a party to settle a case.
- Judges are generally required recuse themselves from cases in which they have a financial interest.
- Which of the following cases prohibits prosecutors from striking jurors from a jury panel because of their race?
- Which of the following are methods for electing Judges to serve on the bench?
- Lawyer is representing Client in a criminal defense matter. Client has little money. Client’s mother wishes to pay the Lawyer’s full fee for representation. May Lawyer accept the payment from the mother?
- Lawyer is representing a Client in a divorce action. Lawyer knows that Client’s spouse is represented by an attorney. Lawyer is attempting to draft a property settlement and separation agreement for the parties. Lawyer believes that involving opposing counsel will complicate the situation, so Lawyer asks the Client to talk to the spouse to see if spouse is willing to agree on the sale of the marital home and sign off on details of the separation agreement.
- Which of the following accurately reflects the general distinction between mediation and arbitration?
- Which of the following Federal Rules of Civil Procedure governs written interrogatories?
- Which of the following is the term used to describe a form of discovery abuse in which a party tampers with, conceals or destroys relevant evidence?
- Associate attorney is representing a client in a personal injury case. Associate opens his e-mail and finds a document sent by the defendant’s insurance company that contains settlement negotiation information. It is obvious to the Associate that the information was sent to his e-mail in error. Which of the following is true?
- Lawyer and Associate work together for several years. Lawyer is elected as a Judge and Associate purchases the Law practice and continues to run the firm. Associate practices law in the Jurisdiction that Judge presides over. Which of the following is true?
- Lawyer is representing a local elected official in an embezzlement case. Local media coverage has been intense and members of the local press have been sensationalizing the trial and have reported several pieces of erroneous information. Lawyer decides to call a press conference to explain the erroneous information and to “set the record straight.” Lawyer reasonably believes that his actions are necessary to protect his Client. Which of the following is correct?
- A judge is required to perform the duties of judicial office impartially, competently, and diligently.
- A judge is permitted to be a member of an organization that practices invidious discrimination, so long as the judge does not practice such invidious discrimination from the bench.
- Judges are generally permitted to engage in ex parte communications with parties to a case.
- A judge shall not act as an arbitrator or a mediator or perform other judicial functions apart from the judge’s official duties unless expressly authorized by law.