Eloise is a law professor in state B who maintains active licenses to practice law in
states A and B. She has not practiced law in some time and does not plan to practice
law in the near future. Eloise wrote and published a law review article in state B
criticizing the criminal justice system in state A. The article includes long passages of
plagiarized material, and includes some false statements about the law in state A. The
disciplinary agency in state B is unable to decide whether the plagiarism and false
statements were intentional, but it imposes a six-month suspension for this conduct. Is
Eloise subject to discipline in
state A?
A. Yes, because many readers of the article are lawyers in state A, so the article has
harmed the administration of justice in state A.
B. Yes, because a lawyer may be disciplined by more than one state for a single act of
misconduct.
C. No, because a lawyer may be disciplined by only
Give this one a try later!
, B. Yes, because a lawyer may be disciplined by more than one state for a
single act of misconduct.
Membership in a state bar association is required for a person who is being licensed
to practice law:
A. By some states.
B. By no state.
C. By every state, unless the person is a member of a bar association in another state.
D. By every state, even if the person is member of a bar association in another state.
Give this one a try later!
A. By some states.
Kwame has represented Samantha for many years. Samantha has a daughter named
Rosalind and a granddaughter named Celine, four years old. Kwame and Samantha
meet to discuss Samanthas will. Samantha expresses doubts about leaving all her
money to Rosalind. She reports that Rosalind's new husband, Matthew, is physically
abusing Celine -she has seen him hit Celine. She shows Kwame some recent photos
that she took of Celine. The pictures reveal bruises. The evidence of abuse is
unambiguous. A state child abuse reporting statue requires any person who suspects
child abuse to report it to the states department of social services. The law, which
does not exempt lawyers from reporting, authorizes criminal penalties for failure to
report, Kwame counsels Samantha to report her suspicions to department of social
services, but Samantha does not want to do it and does not want Kwame to do so
either. Must Kwame report what Samantha
Give this one a try later!
, A. Yes, because he is required to do so by state law and Rule 1 6 does not
excuse lawyers from having to obey state law.
Attorney Dahlia represents restaurant owner Stefan in a negligence suit. During the
course of her representation. Dahlia learns that Stefan uses PestOFF, a rat poison, in
his kitchen PestOFf has recently been shown to cause birth defects if consumed, even
in tiny amounts, by pregnant women, and its use within the state has been banned. Its
use is a misdemeans: punishable by imprisonment for up to six months. The product
was applied only once, ant only to the floor of a closet where cleaning supplies were
kept. It was never used near food. There is nothing to suggest any ingestion or injury
to a person A city ordinance requires anyone, including lawyers and doctors, who
learns of the use of PestOFF to report it to local police immediately. Failure to report
is a violation punishable by a $50 fine. Dahlia
confronts Stefan and insists that he stop using this product and that they report his
past use to the police. Stefa
Give this one a try later!
C. No, because Dahlia's disclosure is permitted under these circumstances.
Which of these bodies sometimes exercise functions that are delegated or authorized
by governmental institutions?
A. State bar associations.
B. The Section of Legal Education and Admissions to the Bar of the American Bar
Association.
C. Both A and B.
D. The American Law Institute.
Give this one a try later!
, C. Both A and B
In a state in which judges are elected, Damian Garner, the President of Garner
Industries, a manufacturer of firearms, has donated $3,000 to the successful campaign
of Ambrose Zoltan, who was elected as a judge of the state's highest court. That
contribution represented 2 percent of the campaign contributions that the judge
received. All contributions were disclosed pursuant to the state's campaign finance
disclosure law. A gun control group sued Garner Industries for violating the state's
gun control laws by manufacturing and selling guns with built-in silencers. The court
ruled against Garner and it has appealed to the state supreme court, arguing that the
gun control law is inconsistent with the Second Amendment. The gun control group
filed a motion asking Judge Zoltan to recuse himself, but he denied the motion. Would
Judge Zoltan's participation in the adjudication of this case be unconstitutional?
A. Yes, becau
Give this one a try later!
C. No, because the contribution was only a small part of his campaign
treasury.
Attorney Meghan represents Walter, a used-car salesman who has been criminally
charged with driving while intoxicated. Before Walter's trial, a friend of Meghan's,
Laurel, asks Meghan to represent her in her breach of contract suit against Walter and
his company.
If Meghan were to sue Walter on behalf of Laurel, another lawyer would defend
Walter in that matter. Meghan has formed a close bond with Walter as a result of her
work on his criminal case, and she reasonably believes that she could not represent
Laurel very vigorously, because of her friendship with Walter. She explains her
concern to Laurel, and Laurel states that she understands the risks and agrees to the
representation anyway. She confirms her understanding in writing. Walter also gives
informed consent in writing. May Meghan represent Laurel?
states A and B. She has not practiced law in some time and does not plan to practice
law in the near future. Eloise wrote and published a law review article in state B
criticizing the criminal justice system in state A. The article includes long passages of
plagiarized material, and includes some false statements about the law in state A. The
disciplinary agency in state B is unable to decide whether the plagiarism and false
statements were intentional, but it imposes a six-month suspension for this conduct. Is
Eloise subject to discipline in
state A?
A. Yes, because many readers of the article are lawyers in state A, so the article has
harmed the administration of justice in state A.
B. Yes, because a lawyer may be disciplined by more than one state for a single act of
misconduct.
C. No, because a lawyer may be disciplined by only
Give this one a try later!
, B. Yes, because a lawyer may be disciplined by more than one state for a
single act of misconduct.
Membership in a state bar association is required for a person who is being licensed
to practice law:
A. By some states.
B. By no state.
C. By every state, unless the person is a member of a bar association in another state.
D. By every state, even if the person is member of a bar association in another state.
Give this one a try later!
A. By some states.
Kwame has represented Samantha for many years. Samantha has a daughter named
Rosalind and a granddaughter named Celine, four years old. Kwame and Samantha
meet to discuss Samanthas will. Samantha expresses doubts about leaving all her
money to Rosalind. She reports that Rosalind's new husband, Matthew, is physically
abusing Celine -she has seen him hit Celine. She shows Kwame some recent photos
that she took of Celine. The pictures reveal bruises. The evidence of abuse is
unambiguous. A state child abuse reporting statue requires any person who suspects
child abuse to report it to the states department of social services. The law, which
does not exempt lawyers from reporting, authorizes criminal penalties for failure to
report, Kwame counsels Samantha to report her suspicions to department of social
services, but Samantha does not want to do it and does not want Kwame to do so
either. Must Kwame report what Samantha
Give this one a try later!
, A. Yes, because he is required to do so by state law and Rule 1 6 does not
excuse lawyers from having to obey state law.
Attorney Dahlia represents restaurant owner Stefan in a negligence suit. During the
course of her representation. Dahlia learns that Stefan uses PestOFF, a rat poison, in
his kitchen PestOFf has recently been shown to cause birth defects if consumed, even
in tiny amounts, by pregnant women, and its use within the state has been banned. Its
use is a misdemeans: punishable by imprisonment for up to six months. The product
was applied only once, ant only to the floor of a closet where cleaning supplies were
kept. It was never used near food. There is nothing to suggest any ingestion or injury
to a person A city ordinance requires anyone, including lawyers and doctors, who
learns of the use of PestOFF to report it to local police immediately. Failure to report
is a violation punishable by a $50 fine. Dahlia
confronts Stefan and insists that he stop using this product and that they report his
past use to the police. Stefa
Give this one a try later!
C. No, because Dahlia's disclosure is permitted under these circumstances.
Which of these bodies sometimes exercise functions that are delegated or authorized
by governmental institutions?
A. State bar associations.
B. The Section of Legal Education and Admissions to the Bar of the American Bar
Association.
C. Both A and B.
D. The American Law Institute.
Give this one a try later!
, C. Both A and B
In a state in which judges are elected, Damian Garner, the President of Garner
Industries, a manufacturer of firearms, has donated $3,000 to the successful campaign
of Ambrose Zoltan, who was elected as a judge of the state's highest court. That
contribution represented 2 percent of the campaign contributions that the judge
received. All contributions were disclosed pursuant to the state's campaign finance
disclosure law. A gun control group sued Garner Industries for violating the state's
gun control laws by manufacturing and selling guns with built-in silencers. The court
ruled against Garner and it has appealed to the state supreme court, arguing that the
gun control law is inconsistent with the Second Amendment. The gun control group
filed a motion asking Judge Zoltan to recuse himself, but he denied the motion. Would
Judge Zoltan's participation in the adjudication of this case be unconstitutional?
A. Yes, becau
Give this one a try later!
C. No, because the contribution was only a small part of his campaign
treasury.
Attorney Meghan represents Walter, a used-car salesman who has been criminally
charged with driving while intoxicated. Before Walter's trial, a friend of Meghan's,
Laurel, asks Meghan to represent her in her breach of contract suit against Walter and
his company.
If Meghan were to sue Walter on behalf of Laurel, another lawyer would defend
Walter in that matter. Meghan has formed a close bond with Walter as a result of her
work on his criminal case, and she reasonably believes that she could not represent
Laurel very vigorously, because of her friendship with Walter. She explains her
concern to Laurel, and Laurel states that she understands the risks and agrees to the
representation anyway. She confirms her understanding in writing. Walter also gives
informed consent in writing. May Meghan represent Laurel?
