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Legal Issues Final Review

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.

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Legal Issues Final Review

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  1. Legal Issues Final Review

  2. 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

  3. A) Legal Malpractice

  4. 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

  5. C) Contingency

  6. 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.

  7. B) It encourages lawyers to defend only those they believe innocent.

  8. 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

  9. D) Dissenting opinion

  10. 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

  11. B) When a defendant disagrees with the law used in the case

  12. All of the following are types of torts except • A) Intentional • B) StrictLiability • C) Negligent • D) Probable Cause

  13. D) Probable Cause

  14. 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

  15. A) Fairness in legal matters, both civil and criminal

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

  17. D) Civil action

  18. 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

  19. A) Is typically charged the same as the principal

  20. 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

  21. D) Both parties agree to have another person make a decision for them in the dispute

  22. Organizations that license lawyers are known as • A) Universities • B) National Legal Institutes • C) Bar associations • D) International Legal Institutes

  23. C) Bar associations

  24. 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

  25. A) Vandalizing a car

  26. A court establishes this when its decisions on legal questions give direction to future cases on similar questions.

  27. precedent

  28. These types of torts do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage.

  29. Strict liability

  30. In this type of court one party presents arguments asking the court to change the decision of the trial court.

  31. Appeals court

  32. These torts occur when the defendant’s actions were unreasonably unsafe.

  33. negligence

  34. In this type of court you may represent yourself and fees are low.

  35. Small claims (Judge Judy’s Court)

  36. There are two types of courts in the federal system: _________ and appellate.

  37. Trial

  38. If police have this it means they have reasonable belief that a person has committed a crime

  39. Probable cause

  40. When this court rules on a matter, all lower courts in the country must follow the precedent set in the opinion.

  41. U.S. Supreme Court

  42. If the police have this it means they have a court order commanding that an individual be taken into custody.

  43. Arrest warrant

  44. An individual wishing to win a civil lawsuit must show this in order to win that case.

  45. Preponderance of evidence

  46. Types of punishment • The purpose is to deter that individual or other people from committing the same crime.

  47. Deterrence

  48. Theory of punishment that assumes a criminal can be helped, placed back into society, and will not commit the same crime again

  49. Rehabilitation

  50. This theory of punishment is based on the eye for an eye mentality

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