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

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