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

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• 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

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• 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

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• 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

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• A) Fairness in legal matters, both civil and criminal

• Another term for lawsuit is– A) Referendum– B) Bill– C) Initiative– D) Civil action

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• 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

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• 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

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• 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.

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• 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.

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• 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.

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• 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

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• retribution

Types of torts

• An example of this tort would be selling a defective product even though the manufacturer took all necessary precautions

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• 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.

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• 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.

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• duress