Ch. 7 & 8 Review

Question 1

Questions that suggest to the witness the desired answer are called __________ .

Answer 1

leading questions

Question 2

Tangible items that are introduced as evidence are referred to as __________

Answer 2

exhibits

Question 3

When the defendant’s attorney asks the court to find in favor of the defendant without giving the case to the jury, the attorney is asking for a __________

Answer 3

motion for a directed verdict

Question 4

Evidence that is pertinent and proper to be considered in reaching a decision, according to specific rules, is known as __________

Answer 4

admissible evidence

Question 5

After the closing arguments, the judge tells the jury the law that must be applied. This is called __________

Answer 5

the jury charge

Question 6

__________ is a situation in which the lawyer is torn between loyalty between two or more clients or loyalty between the client and the lawyer.

Answer 6

Conflict of interest

Question 7

A written accusation against a lawyer is called a __________

Answer 7

grievance

Question 8

Lawyers are prohibited from bringing a __________ suit or appeal, which is meant to harass someone, or where there is no basis in law or fact for bringing the claim or appeal

Answer 8

frivolous

Question 9

Included in the requirement of lawyer supervision is ensuring that __________ do not commit the unauthorized practice of law, which includes giving legal advice.

Answer 9

paralegals

Question 10

The __________ requires a lawyer to protect his or her client information, which applies to statements made to the lawyer, documents given to the lawyer, as well as any other information the lawyer learns about the client, whatever its source.

Answer 10

duty of confidentiality

Question 11

A(n) ________________ is a conversation or writing that expresses personal or private information that a client had with his or her attorney.

Answer 11

confidential communication

Question 12

____________ are directed to lawyers and address how to ethically use their employees in support of clients’ needs

Answer 12

Guidelines

Question 13

____________ are designed to help the reader understand the focus of the rules of the ABA Model Rules.

Answer 13

Comments

Question 14

_____________involves keeping the client reasonably informed about the status of his or her matter and responding to client requests for information.

Answer 14

Diligence

Question 15

It is not against the conflict of interest rule for a lawyer or paralegal to change jobs and work at a law firm that has a client involved in a case against a party that was a former client at the lawyer’s or paralegal’s law firm

Answer 15

False

Question 16

A jurisdiction’s supreme court investigates grievances and decides whether or not to bring ethics charges against a lawyer.

Answer 16

False

Question 17

The duty of confidentiality protects a lawyer from having to testify against his or her client, even when issued a subpoena

Answer 17

False

Question 18

Most jurisdictions allow lawyers to include their successes in advertising

Answer 18

False

Question 19

Lawyers and their employees are not allowed to use information that they learn from prospective client cases that they do not take.

Answer 19

True

Question 20

Evidence to prove the allegations that were made in the pleadings and in the opening statement is introduced in the

Answer 20

case in chief

Question 21

Actual evidence that has a bearing on a case is called

Answer 21

real evidence

Question 22

When a witness testifies as to something that he or she observed, it is called

Answer 22

direct evidence

Question 23

After all of the defendant’s witnesses have been examined and cross-examined, the defendant’s attorney rests the case. At this point, the plaintiff’s attorney may come in

Answer 23

rebuttal

Question 24

f a jury cannot reach a verdict, a ___________ is called and a new trial may be held.

Answer 24

mistrial

Question 25

A judgment notwithstanding the verdict is also called a judgment n.o.v.

Answer 25

True

Question 26

A court of equity is able to grant an injunction.

Answer 26

True

Question 27

The examination of one’s own witness is called direct examination.

Answer 27

True

Question 28

Questions about the activities that took place between the parties that caused them to go to court are called questions of law.

Answer 28

False

Question 29

When the plaintiff’s attorney has no further questions, the witness may be questioned by the opposing attorney on cross examination.

Answer 29

True