Chapter 5: Judges, Lawyers, and Ethics

Test Bank

Multiple Choice

1. Legal ethics codes were a direct product of the ______.

a. emergence of the organized bar

b. dissatisfaction with lawyers

c. competition with non-lawyers

d. Progressive Era

Cognitive Domain: Knowledge

Answer Location: Legal Ethics: Historical Context

Difficulty Level: Medium

2. The work lawyers performed during ______ varied according to location, but criminal law remained a staple along with debt collection.

a. 1865–1915

b. 1870–1922

c. 1889–1954

d. 1890–1915

Cognitive Domain: Knowledge

Answer Location: Legal Ethics: Historical Context

Difficulty Level: Medium

3. In the mid-19th century Wood (1854) argued that the ethical issue of ______ led to the corruption and degradation of the legal profession, nevertheless the Supreme Court ruled the practice valid in 1877.

a. attorney–client privilege

b. the duty of zealous representation

c. solicitation

d. contingent fees

Cognitive Domain: Knowledge

Answer Location: Ethics: Historical Context

Difficulty Level: Medium

4. By 1914, ______ of all state bar associations had adopted the Cannons of Professional Ethics accepted by the ABA.

a. 10%

b. 25%

c. 50%

d. 75%

Cognitive Domain: Knowledge

Answer Location: Historical Context

Difficulty Level: Easy

5. Which of the following is an expression that has a multitude of possible meanings and is frequently used to signify rules governing professions?

a. personal ethics

b. professional ethics

c. primal ethics

d. educational ethics

Cognitive Domain: Knowledge

Answer Location: The Nature of Professional Ethics

Difficulty Level: Medium

6. In the adversarial system, the trial judge ______.

a. is an active participant in presentation of the case

b. can control lawyer strategy

c. is basically a passive umpire or referee

d. has the final say on ethical issues

Cognitive Domain: Knowledge

Answer Location: Defense Lawyers

Difficulty Level: Medium

7. The principle difference between the adversarial and inquisitorial systems of justice is the ______.

a. quality of their judiciary

b. roles of judges and lawyers

c. rules of evidence

d. procedural safeguards

Cognitive Domain: Knowledge

Answer Location: Defense Lawyers

Difficulty Level: Easy

8. Ethical standards for lawyers are built on the principle of ______.

a. neutrality

b. adversity

c. discussion

d. partisanship

Cognitive Domain: Knowledge

Answer Location: The Principle of Partisanship

Difficulty Level: Medium

9. The principle of ______ justifies a lawyer taking a case that might be morally repugnant.

a. neutrality

b. honesty

c. trust

d. reliance

Cognitive Domain: Knowledge

Answer Location: The Principle of Neutrality

Difficulty Level: Medium

10. The primary obligation of the lawyer is to ______.

a. see that justice is done

b. see that the Constitution is always respected

c. try to work out a solution that is fair to all parties involved

d. vigorously serve the client’s interest within the legal and ethical rules

Cognitive Domain: Knowledge

Answer Location: Zeal, Commitment and Dedication

Difficulty Level: Medium

11. According to Simon (1994), a lawyer’s basic job is to ______.

a. see that justice is done

b. introduce accurate evidence

c. see that the Constitution is always respected

d. concern themselves with the punishment of their client

Cognitive Domain: Knowledge

Answer Location: The Principle of Neutrality

Difficulty Level: Medium

12. Conscientious objection argues that ______.

a. law in itself is a public good

b. lawyers must represent their clients with zealousness

c. there may be circumstances that are so offensive to the lawyer’s sense of morality that the lawyer may decline to represent the client

d. the main focus of the attorney should be to stay neutral in all elements of the case, and represent all clients who come to them

Cognitive Domain: Knowledge

Answer Location: The Principle of Neutrality

Difficulty Level: Medium

13. The view that lawyers have superior knowledge, skills, and experience and therefore must know what is best is known as the ______ view.

a. superiority

b. paternalistic

c. modern

d. historic

Cognitive Domain: Knowledge

Answer Location: The Lawyer–Client Relationship

Difficulty Level: Medium

14. According to ABA Model Rule 1.16, this rule ______.

a. states that legal representation should not be denied to those who are unable to afford legal services

b. adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant

c. allows a lawyer to withdraw representation if the client insists upon pursuing objectives the lawyer finds repugnant or prudent

d. even in a serious criminal case, a defendant cannot be forced to be represented by counsel

Cognitive Domain: Knowledge

Answer Location: The Lawyer–Client Relationship

Difficulty Level: Medium

15. The Supreme Court in the case of Faretta v. California (1975) held that ______.

a. states that legal representation should not be denied to those who are unable to afford legal services

b. adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant

c. allows a lawyer to withdraw representation if the client insists upon pursuing objectives the lawyer finds repugnant or prudent

d. even in a serious criminal case, a defendant cannot be forced to be represented by counsel

Cognitive Domain: Knowledge

Answer Location: The Lawyer–Client Relationship

Difficulty Level: Medium

16. Which philosopher strongly attacked the notion of confidentiality that protected a lawyer from testifying when client had admitted guilt?

a. Cesare Beccaria

b. Jeremy Bentham

c. John Rawls

d. St Thomas Aquinas

Cognitive Domain: Knowledge

Answer Location: Confidentiality

Difficulty Level: Medium

17. Lawyer–client confidentially is waived or negated if the client ______.

a. refuses to pay the agreed-upon fee

b. is actually guilty of the crime charged

c. fires the attorney

d. consults the attorney in furtherance of crime or fraud

Cognitive Domain: Knowledge

Answer Location: Client Crime

Difficulty Level: Medium

18. According to Model Rule 3.3, this rule ______.

a. states that legal representation should not be denied to those who are unable to afford legal services

b. adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant

c. requires lawyers must take “reasonable remedial measures” when they come to know evidence is false

d. allows a lawyer to withdraw representation if the client insists upon pursuing objectives the lawyer finds repugnant or prudent

Cognitive Domain: Knowledge

Answer Location: Client Perjury

Difficulty Level: Medium

19. According to Model Rule 1.6 (b)(1), this rule ______.

a. states that legal representation should not be denied to those who are unable to afford legal services

b. adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant

c. requires lawyers must take “reasonable remedial measures” when they come to know evidence is false

d. allows a lawyer, in certain narrowly defined circumstances, to disclose confidential client information to prevent future harm

Cognitive Domain: Knowledge

Answer Location: Client Crime

Difficulty Level: Medium

20. Which of the following reasons are not one of the reasons commonly argued in favor of the adversarial system as outlined by Luban (1988)?

a. It is the best way of defending the rights of inmates.

b. The nature of the attorney–client relationship is intrinsically worrisome.

c. It honors human dignity.

d. It prevents abuse through checks and balances.

Cognitive Domain: Knowledge

Answer Location: Defense Lawyers

Difficulty Level: Medium

21. According to Model Rule 1.3, ______.

a. legal representation should not be denied to those who are unable to afford legal services

b. adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant

c. a lawyer is to act with reasonable diligence and promptness when representing a client

d. requires lawyers must take “reasonable remedial measures” when they come to know evidence is false

Cognitive Domain: Knowledge

Answer Location: Zeal, Commitment and Dedication

Difficulty Level: Medium

22. If the lawyer has accepted a criminal case but then finds out that the client is clearly guilty but wants to fight the charges, the lawyer ______.

a. is required to withdraw from the case

b. may withdraw from the case if the judge is informed of this reason

c. can continue and require that the prosecution prove the case beyond a reasonable doubt

d. enter a plea of guilty on behalf of the client

Cognitive Domain: Knowledge

Answer Location: Ethical Issues for Defense Lawyers

Difficulty Level: Medium

23. Which of the following have some said undermines the system of justice?

a. lawyer negligence

b. unrestrained zeal

c. lawyer incompetence

d. lawyer posturing

Cognitive Domain: Knowledge

Answer Location: Ethical Issues for Defense Lawyers

Difficulty Level: Medium

24. In which of the following cases did the court rule that a lawyer was entitled to withdraw from a case in which their client admitted perjury and would be subject to disciplinary action only if he continued the case without reporting the matter to the court?

a. McKissick v. United States

b. Dodd v. Florida Bar

c. Nix v. Whiteside

d. Nix v. Williams

Cognitive Domain: Knowledge

Answer Location: Ethical Issues for Defense Lawyers

Difficulty Level: Medium

25. Model Rule 3.3 ______.

a. adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant

b. states that a lawyer is to act with reasonable diligence and promptness when representing a client

c. legal representation should not be denied to those who are unable to afford legal services

d. lawyers may not assist a client in committing perjury

Cognitive Domain: Knowledge

Answer Location: Ethical Issues for Defense Lawyers

Difficulty Level: Medium

26. The contest between prosecution and defense ______ the rights of the individual to the power of the state.

a. counterbalance

b. balance

c. interfere with

d. ensure

Cognitive Domain: Knowledge

Answer Location: The Prosecutor

Difficulty Level: Medium

27. Prosecutors act in an adversarial capacity, which requires ______ advocacy.

a. extraordinary

b. zealous

c. representative

d. balanced

Cognitive Domain: Knowledge

Answer Location: The Prosecutor

Difficulty Level: Medium

28. A prosecutor who is under a duty to keep the public informed about pending cases has a corresponding duty not to make statements out of court that might prejudice the right to a fair trial is in reference to Model Rule ______.

a. 1.3

b. 1.13

c. 6.1

d. 6.2

Cognitive Domain: Knowledge

Answer Location: The Prosecutor

Difficulty Level: Medium

29. According to the U.S. Supreme Court and many ethics codes, the primary duty of the criminal prosecutor is to ______.

a. protect the public

b. see that the guilty are convicted and punished

c. see that justice is done

d. guarantee that the punishment fits the crime

Cognitive Domain: Knowledge

Answer Location: The Duty to Ensure Justice is Done

Difficulty Level: Medium

30. Both due process and ethical rules require that prosecutor’s ______.

a. reveal evidence to the defense if that evidence tends to negate guilt

b. see that the defendant has the best qualified attorney available

c. not engage in plea bargaining

d. seek the most severe punishment legally authorized

Cognitive Domain: Knowledge

Answer Location: The Duty to Ensure Justice is Done

Difficulty Level: Medium

31. Prosecutors have almost ______ immunity in so far as their decisions to bring charges.

a. diverse

b. limited

c. absolute

d. regulated

Cognitive Domain: Knowledge

Answer Location: Discretion to Bring Charges

Difficulty Level: Medium

32. Prosecutors have wide ______.

a. varieties of cases

b. discretion

c. probable cause

d. authority

Cognitive Domain: Knowledge

Answer Location: Discretion to Bring Charges

Difficulty Level: Medium

33. The ABA suggests that in deciding whether to bring charges, criteria to be considered should include ______.

a. the harm caused by the offense

b. the possibility of improper motives for a complaint

c. the reluctance of the victim to testify

d. all of these

Cognitive Domain: Knowledge

Answer Location: Discretion to Bring Charges

Difficulty Level: Medium

34. The American Bar Association Standing Committee on Ethics and Professional Responsibility in a formal opinion on Rule 3.8 has noted ______.

a. courts as well as commentators have recognized that the ethical obligation is more demanding than the constitutional obligation

b. courts have recognized the need for prosecutors to hide exculpatory evidence in some cases

c. commentators recommend that misdemeanor cases revert to a preponderance of the evidence as the burden of proof to speed up the trial process

d. that in some circumstances, the defense attorney may break privilege when the attorney clearly knows the defendant is guilty

Cognitive Domain: Knowledge

Answer Location: Prosecution Disclosure of Evidence to the Defense

Difficulty Level: Medium

35. Research suggests that offenders who kill ______ victims are significantly more likely to be charged with a capital crime.

a. Black

b. White

c. Hispanic

d. Asian

Cognitive Domain: Knowledge

Answer Location: Discretion to Bring Charges

Difficulty Level: Medium

36. In which court case did the United States Supreme Court rule that exculpatory evidence not made available to the accused could result in denial of the constitutional right to a fair trial?

a. Brady v. Maryland

b. United States v. Agurs

c. Dodd v. Florida Bar

d. Nix v. Whiteside

Cognitive Domain: Knowledge

Answer Location: Prosecution Disclosure of Evidence to the Defense

Difficulty Level: Medium

37. In regards to the timing of prosecution’s pretrial disclosure of evidence to the defense ______.

a. courts are in agreement as to the timing as there are precise standards

b. courts are not in agreement as to the timing because the standards lack precision

c. courts require a hearing before disclosure can be made

d. courts have stated that judges must determine individually when disclosure must occur, and that date needs to be set prior to each trial

Cognitive Domain: Knowledge

Answer Location: Prosecution Disclosure of Evidence to the Defense

Difficulty Level: Hard

38. Michael Nifong, the district attorney for Durham County, N.C., was disbarred because ______.

a. he failed to disclose to the defendants that their DNA samples did not match any of the DNA from unidentified males found on the alleged victim's body and clothing

b. he dismissed of all charges against the Duke athletes

c. the defense attorney for the Duke athletes complained that he was charging a more serious crime than was warranted by the evidence

d. he was not disbarred. He was censured by the Ethics Commission and banned from practicing law for 5 years in North Carolina

Cognitive Domain: Knowledge

Answer Location: Prosecution Disclosure of Evidence to the Defense

Difficulty Level: Medium

39. In 2011, the Innocence Project reported that failing to disclose evidence to the defense had contributed to convictions in ______% of the first 100 cases of exoneration revealed by the Project.

a. 25

b. 37

c. 45

d. 66

Cognitive Domain: Knowledge

Answer Location: Prosecution Disclosure of Evidence to the Defense

Difficulty Level: Medium

40. Plea bargaining occurs in what percentage of all criminal cases?

a. 25%

b. 62%

c. 78%

d. 95%

Cognitive Domain: Knowledge

Answer Location: Plea Bargaining

Difficulty Level: Medium

41. What process is used by prosecutors where they charge a person with more than one crime with the intention of dropping the most serious charge(s) in hopes the defendant will plead to the lesser charge(s)?

a. Charging

b. Overcharging

c. Indicting

d. Filing multiple prosecutorial information documents at the same time

Cognitive Domain: Knowledge

Answer Location: Overcharging

Difficulty Level: Medium

42. Plea bargains benefit the prosecutor in which of the following ways ______.

a. they save time

b. they eliminate expenses of trial

c. they prevent the system from becoming overloaded

d. all of these

Cognitive Domain: Knowledge

Answer Location: Who Benefits from a Plea Bargain?

Difficulty Level: Medium

43. In a study of which state did researchers find that banning plea bargains did not overload the court system?

a. Alabama

b. Alaska

c. Arizona

d. Arkansas

Cognitive Domain: Knowledge

Answer Location: A Ban on Plea Bargaining

Difficulty Level: Medium

44. A major area of prosecutorial misconduct in the form of misleading conduct arises from the prosecutor’s dealings with ______.

a. defendants

b. judges

c. juries

d. defense attorneys

Cognitive Domain: Knowledge

Answer Location: Misconduct Before a Jury

Difficulty Level: Medium

45. What could lead prosecutors to resist indicting a police officer in an excessive force case?

a. Prosecutors may need police to cooperate with them in current cases.

b. Prosecutors have absolute discretion.

c. Prosecutors try to avoid interacting with police.

d. Prosecutors cannot make particular statements outside of court.

Cognitive Domain: Knowledge

Answer Location: Prosecutors and Police

Difficulty Level: Medium

46. Which of the following is an example of prosecutorial misconduct?

a. The prosecution attempting to intimidate or improperly influence key witnesses.

b. Prosecutors contacted the employer of a witness who refused to cooperate and caused her to be terminated from that employment.

c. Prosecutors threatened to issue a grand jury subpoena to the 13-year-old son of one defendant and to force the boy to testify against his father.

d. all of these

Cognitive Domain: Knowledge

Answer Location: Prosecutorial Misconduct | Cases of Misconduct | Misconduct Before a Jury | Witness Intimidation

Difficulty Level: Medium

47. The primary ethical duties of a judge are to ______.

a. see that justice is done and that the guilty are punished

b. act without bias or prejudice and follow the law

c. see that the public interest is protected and integrity of the court upheld

d. see that the guilty are punished and that the public interest is protected

Cognitive Domain: Knowledge

Answer Location: Judicial Ethics

Difficulty Level: Medium

48. A Code of Judicial Conduct was adopted by the ABA in ______,

a. 1960

b. 1970

c. 1980

d. 1990

Cognitive Domain: Knowledge

Answer Location: Judicial Ethics

Difficulty Level: Medium

49. Which of the following is not one of the arguments against partisan judicial elections?

a. that nominees are selected based on political grounds instead of merit

b. that voters have a tendency to be swayed by nonjudicial qualifications

c. that many qualified candidates seek office because they get to run a political campaign

d. that having to seek reelection deters many qualified candidates

Cognitive Domain: Knowledge | Comprehension

Answer Location: Election of Judges

Difficulty Level: Medium

50. Which of the following is true about judges?

a. They must be faithful to the law.

b. Partisan elections can raise questions about influences elected judges may be subject to.

c. They are expected to disqualify themselves in any proceeding in which their impartiality is questioned.

d. all of these

Cognitive Domain: Knowledge

Answer Location: Election of Judges | Judicial Ideology | Specific Ethical Rules Governing Judges

Difficulty Level: Medium

51. Which of the following is an ethically permissible, extra-judicial activity for judges?

a. accepting gifts from prosecutors

b. accepting a loan from another judge

c. giving a gift to the public defender

d. having a house-warming party

Cognitive Domain: Knowledge

Answer Location: Specific Ethical Rules Governing Judges

Difficulty Level: Medium

True/False

1. By 1914, three quarters of all state bar associations had adopted the Canons, and in most states complaints about lawyer misconduct were heard by bar association committees followed by a possible appeal to the court.

Cognitive Domain: Knowledge

Answer Location: Legal Ethics: Historical Context

Difficulty Level: Easy

2. Lawyers tend to see their role in securing justice as an important contribution toward establishing an efficient legal system, as supporting law as an institution, and as promoting procedural justice.

Cognitive Domain: Comprehension

Answer Location: The Nature of Professional Ethics

Difficulty Level: Medium

3. Ethical rules require lawyers to accept any case and client who can pay the fee.

Cognitive Domain: Comprehension

Answer Location: The Lawyer–Client Relationship

Difficulty Level: Medium

4. The general duty of confidentiality is broader than the lawyer–client privilege.

Cognitive Domain: Knowledge

Answer Location: Confidentiality

Difficulty Level: Medium

5. If a client tells the lawyer that he or she will lie on the witness stand, the ethical rules require that the lawyer do nothing about the situation.

Cognitive Domain: Comprehension

Answer Location: Client Perjury

Difficulty Level: Medium

6. The legal and ethical rules generally leave prosecutors with little discretion in their jobs.

Cognitive Domain: Knowledge

Answer Location: Discretion to Bring Charges

Difficulty Level: Medium

7. Ethical rules prohibit prosecutors from engaging in plea bargaining.

Cognitive Domain: Knowledge

Answer Location: Plea Bargaining

Difficulty Level: Medium

8. Ethical rules for lawyers are shaped, at least in part, by the adversarial system

Cognitive Domain: Knowledge

Answer Location: The Nature of Professional Ethics

Difficulty Level: Easy

9. Supporters of the adversary system argue that it is better than the inquisitorial system in protecting the rights of criminal defendants.

Cognitive Domain: Comprehension

Answer Location: Defense Lawyers

Difficulty Level: Medium

10. Prosecutors who engage in ethical misconduct are frequently discipline or punished.

Cognitive Domain: Knowledge

Answer Location: Prosecutorial Misconduct

Difficulty Level: Easy | Medium | Hard

Short Answer

1. Briefly define plea bargaining.

Cognitive Domain: Knowledge

Answer Location: Plea Bargaining

Difficulty Level: Medium

2. Describe the role trust plays in professionalism.

Cognitive Domain: Comprehension

Answer Location: The Nature of Professional Ethics

Difficulty Level: Medium

3. What is the basic legal and ethical obligation of a prosecutor?

Cognitive Domain: Knowledge

Answer Location: The Duty to Ensure Justice is Done

Difficulty Level: Easy

4. Prosecutors are often criticized for overcharging. Briefly define the term “overcharging.”

Cognitive Domain: Comprehension

Answer Location: Overcharging

Difficulty Level: Medium

5. Identify the reason Michael Nifong was disbarred.

Cognitive Domain: Knowledge

Answer Location: Prosecution Disclosure of Evidence to the Defense

Difficulty Level: Easy

6. Lawyer–Client confidentiality is voided or negated if the client consults the attorney in furtherance of ______.

Cognitive Domain: Comprehension

Answer Location: Client Crime

Difficulty Level: Medium

7. The judge in the inquisitorial system and the system itself, (in contrast with the adversarial system) are primarily concerned with ______.

Cognitive Domain: Comprehension

Answer Location: The Nature of Professional Ethics

Difficulty Level: Medium

8. What is frequently used to signify rules governing professionals and professions?

Cognitive Domain: Knowledge

Answer Location: The Nature of Professional Ethics

Difficulty Level: Medium

9. In which system of law do parties and their lawyers play a principle role of gathering evidence and examining witnesses in court, and the court plays a less active role?

Cognitive Domain: Knowledge

Answer Location: Defense Lawyers

Difficulty Level: Medium

10. Which court case ruled it is a prosecutor’s constitutional duty to make voluntary disclosure of evidence?

Cognitive Domain: Knowledge

Answer Location: Prosecution Disclosure of Evidence to the Defense

Difficulty Level: Medium

Essay

1. Define, discuss, compare and contrast the adversarial and inquisitorial systems of justice.

Cognitive Domain: Knowledge | Comprehension | Analysis

Answer Location: Defense Lawyers

Difficulty Level: Hard

2. Discuss three arguments in favor of defense attorneys defending clients whom the attorney knows is guilty.

Cognitive Domain: Analysis

Answer Location: Defense Lawyers | Ethical Issues for Defense Lawyers

Difficulty Level: Medium

3. Discuss some of the primary duties of the prosecutor.

Cognitive Domain: Knowledge

Answer Location: The Prosecutor | The Duty to Ensure Justice is Done

Difficulty Level: Easy

4. Describe why judges are held to an even higher standard than other lawyers.

Cognitive Domain: Comprehension

Answer Location: Judicial Ethics

Difficulty Level: Medium

5. Describe the arguments for and against partisan election of judges. Which option do you believe provides for more impartiality by the judge? Why?

Cognitive Domain: Analysis

Answer Location: Election of Judges

Difficulty Level: Hard