Question
True/False 43. Legal ethics are the minimum accepted standards of conduct in the legal profession 44. An implied attorney-client relationship exists when a prospective client
True/False
43. Legal ethics are the minimum accepted standards of conduct in the legal profession
44. An implied attorney-client relationship exists when a prospective client divulges confidential information even if they do not retain the attorney
45. Documents prepared by the attorney in representation of a client are discoverable
46. Paralegals may hold themselves out as an attorney as long as it is under the attorneys
supervision
47. Almost all legal practices are general practice firms, almost no attorneys specialize
48. Pro-Bono is working on behalf of clients who could not afford assistance, and no fees are charged
49. Lawyer's will always conduct their own investigation to insure it is done properly
50. Common law are statutory enactments of the legislature
51. Executive orders must be approved by the senate
52. The function of the executive branch is to enforce the law
53. The clause in the Constitution that grants Congress the power to "regulate commerce"
among the states is the supremacy clause
54. All speech is fully protected by the First Amendment
55. Freedom from governmental intervention in religion is absolute, and no laws relating to religious freedom can be Constitutional
56. Contracts may contain a " forum selection clause" that designates a court where all disputes under the contract will be heard
57. Provision in a contract that have a clause that designates a certain state's or country's laws will be applied to all disputes are not valid
58. Mandatory arbitration clauses in a contract are not valid
59. Arbitration is always binding on the parties
60. Mediators will issue written determinations at the conclusion of the matter identifying the party that has won
61. If there is a tie vote in the U. S. Supreme Court the case is not precedent
62. A concurring opinion is when a justice disagrees with the outcome of the case
63. In a notice pleading state you must plead all of the facts and elements of the claim
64. purpose of Rule 11 in a civil case is to deter baseless, and frivolous actions
65. Filing fees are required in all civil cases and may never be waived
66. A matter cannot be both civil and criminal in nature
67. All states now have integrated bar associations
68. Every state now requires that paralegals must be certified
69. Federal courts require code pleading
70. The sole purpose of bail is to punish a wrongdoer
71. The grand jury hears evidence from both the prosecution and defense
72. It is the function of the grand jury to find one guilty as charged
73. The most serious crime in Minnesota is a gross misdemeanor/
74. All crimes require criminal intent
75. Search warrants will issue when there is a "reasonable basis", probable cause need not be established
76. Statutes are "secondary sources" of the law
77. Every state and the federal Rules allow the same number of interrogatories
78. Every state still publishes their own state official case reporter
79. Unauthorized practice of law cases are prosecuted by the Attorney General
80. A party who acts on behalf of another is the principal
81. A party who employs another to act on his behalf is an agent
82. Privilege and confidentiality are the same
83. Lawyers may never disclose confidential information, there are no exceptions
84. A lawyer MAY NEVER take a case they have no prior experience in handling
85. Administrative agencies are not permitted to regulate business or industry
86. The federal government has administrative agencies, states do not
87. Administrative Law Judges can only decide questions of fact
88. The Code of Federal Regulations are statutes created by Congress
89. The Freedom of Information Act grants the public the right to have access and possession of documents in possession of administrative agencies without exception
90. The majority view adopted by the Palsgraf case is you owe a duty to everyone injured even those who are not foreseeable
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