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) Strict Liability – 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

51. retribution

52. Types of torts An example of this tort would be selling a defective product even though the manufacturer took all necessary precautions

53. Strict liability

54. An example of this tort would be vandalizing a car.

55. intentional

56. An example of this tort would be causing a traffic accident by not stopping at a stop sign.

57. negligence

58. Types of defenses This defense can be used only when the mental state is in question.

59. insanity

60. This defense can be used if the defendant can prove he or she could not distinguish between right and wrong.

61. intoxication

62. This defense can be used when an individual admits to committing a crime, but was persuaded to do so by law enforcement.

63. entrapment

64. 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.

65. duress