PLGL 142 - Law Office Procedures and Ethics » Sprimg 2023 » Quiz Chapter 8 Special Issues in Advocacy

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Question #1
What is the exception to the ethics rule against making unmeritorious claims and defenses?
A.   They can be brought to challenge the existing law
B.   They can be brought to force the other party to expend funds to defend the case
C.   There are no exceptions
D.   They can be brought with the client’s informed written consent
Question #2
Which of the following is an example of an ethical violation for delaying litigation?
A.   Failing to complete discovery in accordance with court rules
B.   Not answering phone calls of the opposing counsel within two days
C.   Waiting until the last day of the filing period to file a document
D.   Misquoting a case in an appellate brief
Question #3
If a lawyer disobeys a court order:
A.   The only remedy is contempt
B.   Jail time is automatic
C.   A fine is automatic
D.   The remedy can be contempt and an ethics charge
Question #4
The ethics rule about candor and honesty requires:
A.   Disclosure of all known facts about a case in discovery
B.   Lawyers to rectify a fraud on the court unless privileged
C.   The lawyer to reveal client and witness perjury to the judge
D.   The same standard of care as obstruction of justice
Question #5
Which of the following is prohibited by the ethics rules on candor and honesty?
A.   Falsifying evidence
B.   All of these
C.   Concealing evidence
D.   Altering evidence
Question #6
In California, the general rule for lawyers to follow if their client is planning to commit perjury is to:
A.   Call on the client to testify but refuse to participate
B.   None of these
C.   Do whatever the client instructs
D.   Not call on the client to testify and withdraw
Question #7
A paralegal who finds adverse controlling authority in a matter that she/he is researching for a court filing should:
A.   Cite it but seek to distinguish it factually or legally if possible
B.   Withdraw from representation
C.   Obscure the ruling by putting it in a footnote
D.   Not cite it because it is up to opposing counsel to do so
Question #8
Destruction of evidence in a case can result in:
A.   A civil action for spoliation
B.   Obstruction of justice charges
C.   All of these
D.   Contempt charges
Question #9
Bribery:
A.   Is included in the ethics codes by prohibiting lawyers from giving or lending anything of value to a judge
B.   Is defined as the crime of giving or receiving something of value in payment for an official act
C.   Is also covered in the judicial canons
D.   All of these
Question #10
The rules prohibiting ex parte communications with judges:
A.   Forbid lawyers and judges from attending the same continuing education activities
B.   Provide that lawyers may not communicate with the judge in a case without the presence of the opposing counsel
C.   Prohibit lawyers from talking to judges about cases, including those outside the court’s jurisdiction
D.   Restrict social contacts with judges, except through authorized bar association activities
Question #11
Under the usual rules about lawyer-juror communication, when is it most likely that a lawyer can have ex parte communications with jurors?
A.   Never
B.   After the trial
C.   At designated breaks during a trial
D.   Before the jury is selected
Question #12
What can happen if a lawyer has improper communications with a juror?
A.   The lawyer is disciplined
B.   Criminal prosecution of the lawyer
C.   The court declares a mistrial
D.   All of these
Question #13
Which group of people involved in a lawsuit is a paralegal prohibited from communicating with?
A.   Represented persons
B.   Unrepresented persons
C.   Court personnel
D.   Opposing counsel
Question #14
When can a lawyer communicate with someone who already has a lawyer?
A.   The person is seeking a second opinion
B.   Never
C.   The lawyer is not trying to influence the person
D.   The person is a close friend
Question #15
Ethics rules about witnesses:
A.   Prohibit lawyers from preparing witnesses and clients to testify
B.   Permit lawyers to give only information to witnesses, not advice
C.   Prohibit lawyers from preparing witnesses to testify
D.   Do not prohibit preparing witnesses to testify
Question #16
The rules about paying witnesses:
A.   Allow payment to experts only if the hiring lawyer prevails
B.   Disallow payment to any witness
C.   Allow payment of fees to all witnesses
D.   Allow payment to expert witnesses
Question #17
The rules on trial publicity are based on a balance between:
A.   The rights to free association and fair trial
B.   The rights to confront witnesses and fair trial
C.   The rights to fair trial and the 14th amendment
D.   The rights to fair trial and free expression
Question #18
A gag order is:
A.   A court order that restricts information or public comment about a case
B.   An agreement of the opposing counsel that they will not talk to the press
C.   An agreement by the opposing parties that they will not talk to the press
D.   A court order that sanctions a lawyer for violating the ethics rules about trial publicity
Question #19
The ethics rules for prosecutors:
A.   Require that they seek justice
B.   Say that they must disclose exculpatory evidence
C.   Mandate that they drop a case that is unsupported by probable cause
D.   All of these
Question #20
If a defendant’s constitutional rights are violated by a prosecutor’s breach of ethics rules, the court may:
A.   All of these
B.   Suppress evidence
C.   Reverse a conviction
D.   Dismiss charges

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