Legal Issues Final Review
Multiple Choice
• What is the situation in which a lawyer sues
another lawyer for a serious error that caused
a client to lose his or her case?
– A) Legal malpractice
– B) Voire dire
– C) Retainer charges
– D) Inquisitional system
•
• A) Legal Malpractice
• An attorney charge based on a percentage of
what a client wins in a case is called a(n)
_________________ fee.
– A) Retainer
– B) Adversary
– C) Contingency
– D) Trial
•
• C) Contingency
• Which of the following is false with respect to
attorney-client privilege?
– A) It encourages a client to speak freely.
– B) It encourages lawyers to defend only those they
believe innocent.
– C)Information told to one’s attorney is
confidential.
– D) Information told to one’s attorney may only be
released with the client’s consent.
• B) It encourages lawyers to defend only those they
believe innocent.
• A written disagreement by a minority of the
judges who disagree with the decision of the
majority is known as
– A) Error of law
– B) Legal Malpractice
– C) Concurring opinion
– D) Dissenting opinion
• D) Dissenting opinion
• An individual can claim an error of law in all of
the following situations except
– A) When the error affects the outcome of the trial
– B) When a defendant disagrees with the law used
in the case
– C) When a judge gives wrong directions to the jury
– D) When a judge permits evidence that should not
have been allowed in a trial
•
• B) When a defendant disagrees with the law used in
the case
• All of the following are types of torts except
– A) Intentional
– B) Strict Liability
– C) Negligent
– D) Probable Cause
•
• D) Probable Cause
• Due process refers to
– A) Fairness in legal matters, both civil and criminal
– B) Fairness in criminal matters
– C) Fairness in civil matters
– D) Fairness in attorney-client privileges
•
• A) Fairness in legal matters, both civil and criminal
• Another term for lawsuit is
– A) Referendum
– B) Bill
– C) Initiative
– D) Civil action
•
• D) Civil action
• An accessory before the fact
– A) Is typically charged the same as the principal
– B) Helps the principal avoid capture
– C) Is not charged with the original crime
– D) Can be charged with harboring a fugitive
•
• A) Is typically charged the same as the
principal
• Arbitration occurs when
– A) A dispute is settled by having both parties have
an informal discussion
– B) A third party helps settle a dispute, but the
third party does not make a decision about the
dispute
– C) An ombudsperson investigates a complaint
– D) Both parties agree to have another person
make a decision for them in the dispute
• D) Both parties agree to have another person make a
decision for them in the dispute
• Organizations that license lawyers are known
as
– A) Universities
– B) National Legal Institutes
– C) Bar associations
– D) International Legal Institutes
•
• C) Bar associations
• All of the following are crimes of omission
except
– A) Vandalizing a car
– B) Neglecting to pay taxes
– C) Leaving the scene of an accident
– D) Child neglect
• A) Vandalizing a car
• A court establishes this when its decisions on
legal questions give direction to future cases
on similar questions.
• precedent
• These types of torts do not depend on the
degree of carefulness by the defendant, but
are established when a particular action
causes damage.
•
• Strict liability
• In this type of court one party presents
arguments asking the court to change the
decision of the trial court.
• Appeals court
• These torts occur when the defendant’s
actions were unreasonably unsafe.
•
• negligence
• In this type of court you may represent
yourself and fees are low.
• Small claims (Judge Judy’s Court)
• There are two types of courts in the federal
system: _________ and appellate.
• Trial
• If police have this it means they have
reasonable belief that a person has committed
a crime
• Probable cause
• When this court rules on a matter, all lower
courts in the country must follow the
precedent set in the opinion.
• U.S. Supreme Court
• If the police have this it means they have a
court order commanding that an individual be
taken into custody.
• Arrest warrant
• An individual wishing to win a civil lawsuit
must show this in order to win that case.
•
• Preponderance of evidence
Types of punishment
• The purpose is to deter that individual or
other people from committing the same
crime.
• Deterrence
• Theory of punishment that assumes a criminal
can be helped, placed back into society, and
will not commit the same crime again
• Rehabilitation
• This theory of punishment is based on the eye
for an eye mentality
•
• retribution
Types of torts
• An example of this tort would be selling a
defective product even though the
manufacturer took all necessary precautions
•
• Strict liability
• An example of this tort would be vandalizing a
car.
• intentional
• An example of this tort would be causing a
traffic accident by not stopping at a stop sign.
• negligence
Types of defenses
• This defense can be used only when the
mental state is in question.
• insanity
• This defense can be used if the defendant can
prove he or she could not distinguish between
right and wrong.
•
• intoxication
• This defense can be used when an individual
admits to committing a crime, but was
persuaded to do so by law enforcement.
•
•
• entrapment
• This defense can be used when an individual
commits a crime, but did so because he or she
lacked the ability to exercise free will.
•
• duress