Ch.5 Lawyers And Litigants Exam Questions

CHAPTER 5

Multiple-Choice Questions

1. In primitive legal systems, each side’s case was presented by
   1. Tribunals.
   2. Councils.
   3. Elders.
   4. Orators.
2. What method of legal representation is available to indigent defendants through law school programs?
   1. Vouchers.
   2. Legal clinics.
   3. Legal aid societies.
   4. Panel attorneys.
3. Which of the following defense attorneys is paid on a salary?
   1. Privately retained.
   2. Public defender.
   3. Assigned counsel.
   4. Legal aid societies.
4. In primitive legal systems, laws are created and administered by
   1. Orators.
   2. Judges.
   3. Tribal elders.
   4. Landowners.

1. Which of the following was not a role that began to emerge in transitional legal systems?
   1. Police.
   2. Judges.
   3. Corrections.
   4. Attorneys.
2. American legal training is based on the system that emerged in
   1. England.
   2. France.
   3. Spain.
   4. Italy.
3. The majority of private criminal defense attorneys work in
   1. Solo practitioner firms.
   2. Small law firms.
   3. Medium-size law firms.
   4. Large law firms.
4. The nationwide trend is for attorneys to work in
   1. Solo firms.
   2. Larger firms.
   3. Government service.
   4. Legal education.
5. All of the following are titles for local prosecutors in the United States except
   1. State’s attorney.
   2. Prosecuting attorney.
   3. Corporate attorney.
   4. Commonwealth attorney.
6. State attorney generals are most often selected through
   1. Partisan election.
   2. Nonpartisan election.
   3. Executive appointment.
   4. Merit selection.
7. The Department of Justice and the attorney general’s office handle cases that come from the
   1. Office of Special Counsel.
   2. Office of Compliance.
   3. Office of Civil Rights.
   4. Office of Government Ethics.
8. The majority of federal district court prosecutorial work is handled by
   1. U.S. attorneys.
   2. Department of Justice attorneys.
   3. Attorney general’s staff attorneys.
   4. U.S. special counsel.
9. A defense attorney’s role as a mediator and negotiator is most important at what stage of criminal proceedings?
   1. Plea bargaining.
   2. Trial.
   3. Sentencing.
   4. Appeal.
10. A criminal defendant’s right to counsel is guaranteed by the _______ Amendment to the U.S. Constitution.
    1. Fourth.
    2. Fifth.
    3. Sixth.
    4. Eighth.
11. The right to counsel never applies to
    1. Civil cases.
    2. Misdemeanor cases.
    3. Felony cases.
    4. Embezzlement cases.
12. In what case was the right to counsel made applicable to all state felony cases?
    1. Argersinger v. Hamlin.
    2. Powell v. Alabama.
    3. Gideon v. Wainwright.
    4. Betts v. Brady.
13. The public defender system began in the state of
    1. Texas.
    2. California.
    3. New York.
    4. Virginia.
14. Which attorney selection method allows indigent defendants to select their own attorney?
    1. Public defender systems.
    2. Assigned counsel system.
    3. Voucher systems.
    4. Contract defender system.
15. Which method of attorney selection has been shown to give the greatest chance of success to indigent criminal defendants?
    1. Public defender.
    2. Assigned counsel.
    3. Vouchers.
    4. None of the above.
16. In considering attorney competence, a court will consider
    1. The existence of a specific procedural error.
    2. Whether an attorney’s actions negatively impacted the case.
    3. Both a and b.
    4. Neither a nor b.

True/False Questions

1. In primitive legal systems laws were created and administered by local legislative councils.

a. True

b. False

2. In England, lawyers trained others who wanted to be lawyers in oratory schools.

a. True

b. False

3. Law school education in the United States can cost between $23,000 and $42,600 per year.

a. True

b. False

4. In the English legal system there are two types of lawyers: barristers and solicitors.

a. True

b. False

5. There are more than 5 million practicing attorneys in the United States.

a. True

b. False

6. One of the chief jobs of the prosecuting attorney is to represent the people of the state in criminal cases.

a. True

b. False

7. The U.S. attorneys for each federal court district are appointed by the U.S. attorney general.

a. True

b. False

8. Lawyers who handle personal injury cases (like those arising from automobile accidents) are typically considered high-status attorneys.

a. True

b. False

9. The constitutional right to counsel for criminal defendants is provided for in the Fourth Amendment.

a. True

b. False

10. Public defenders tend to be found in the largest urban counties in the United States.

a. True

b. False

Essay Questions

1. Describe the ways that prosecutors and law enforcement officers work with and are dependent on one another. What can cause tension in this relationship? How should these issues be addressed? Be specific and give examples.
2. Discuss the various ways that indigent criminal defendants are able to obtain an attorney. What are the advantages and disadvantages of each method? Does one seem to best serve the goal of providing the assistance of counsel? Explain your reasoning.
3. Discuss and compare the ways that disputes were resolved in primitive, transitional, and modern legal systems. What can be learned from primitive and transitional societies that would improve how matters are handled in modern legal systems? Be specific and give examples.
4. Discuss the benefits and drawbacks of receiving a law degree from a school that is or is not accredited by the American Bar Association. What effect(s) might accreditation have on law school graduates? Should graduates from nonaccredited schools have any restrictions on taking bar exams or practicing law? Explain your reasoning.
5. Discuss the reasons that attorneys may be drawn to civil rather than criminal law practice. What issues does this create? How could these be remedied?

Matching Questions

1. Its accreditation results in the similarity of nationwide law school curricula.
2. Offers a specialized law degree program beyond the first degree in law.
3. Place where English attorneys trained other individuals who wanted to become attorneys.
4. Litigants that file suit only once or infrequently.
5. First school to utilize the casebook method of teaching law.
6. Responsibility of the U.S. attorney’s office.
7. Litigants that frequently have business in court and file lawsuits often.
8. Legal assistance that is donated by attorneys as a form of community service.
9. Individuals who cannot afford to hire their own attorneys.
10. Procedures used to weed out the weakest or least important cases.