Chapter 5- Lawyers & Legal Representation

Question 1

Proprietary Law Schools

Answer 1

concerned with the needs of practitioners , and instructors focused on the practice of law within their lectures

Question 2

case method of instruction

Answer 2

reading appellate court opinions; teaches students legal reasoning through analysis

Question 3

Why was case method adopted in the US?

Answer 3

cost effective

Question 4

LSAT

Answer 4

admissions tests to see in which one can get into law school

Question 5

Curriculum: want to train students as_____

Answer 5

train students as generalist

Question 6

Casebook

Answer 6

organize appellate court decisions by major topics and explanatory notes

Question 7

Distinctive features of law school…. case method of instructions

Answer 7

reading appellate court opinions; teaches students legal reasoning through analysis

Question 8

most professors use the Socratic method

Answer 8

professor often plays devil’s advocate and challenge student to defend reasoning

Question 9

3 critiques of law education

Answer 9

1. teaching methods (case method): causes burnout from first year students… too demanding
2. content of legal education: education has student so focused on passing the BAR exam that they neglect the public policy of law, less education of the impact on societal and political impact.
3. Not enough practical experience: do not step into a courtroom

Question 10

Difference between law schools: Accreditation

Answer 10

• ABA accredited Universities

- graduates can take bar exam in any state

Question 11

ABA

Answer 11

• The ABA sets minimal standards for accreditation, including the professional qualifications of professors, the faculty–student ratios, the number of holdings in the law library, and the required courses.

Question 12

T/F: Only a small amount of law schools are not associated with a university are accredited by ABA

Answer 12

True

Question 13

T/F: Top graduates of private law schools are hired by national law firms

Answer 13

FALSE
Top graduates of these law schools (national) are hired by national law firms. National law schools are apart of state or private universities.

Question 14

After graduating law school, one must take the __________before being able to practice in law

Answer 14

BAR exam

Question 15

American Judicature Society

Answer 15

Court reform organization that historically stressed court unification and merit selection of judges.

Question 16

Integrated Bar

Answer 16

System whereby membership in a state bar association is required in order to practice law.

Question 17

Bar Association Activities: Unauthorized practice of law

Answer 17

Nonlawyers doing things that only lawyers are permitted to do.

Question 18

Solicitors (the work of lawyers)

Answer 18

One segment of the legal profession in England. They do the routine office work dealing with clients directly and prepare cases for the barristers, who argue in the higher courts.

Question 19

Barristers (the work of lawyers)

Answer 19

Segment of the English legal profession that argues cases in the major trial courts.

Question 20

Litigation (lawyers’ work)

Answer 20

going to the court & asking for a remedy

Question 21

Representation (lawyer’s work)

Answer 21

agency for their clients

Question 22

negotiation (lawyer’s work)

Answer 22

what is the most fair solution without going to court

Question 23

Mediation (lawyer’s work)

Answer 23

includes the representation & negotiation

Question 24

Drafting Documents (lawyer’s work)

Answer 24

mortgages/patent work….official documentation is key

Question 25

Cause Lawyering (lawyer’s work)

Answer 25

is a lawyer dedicated to the usage of law for the promotion of social change to address a cause. usually the work of interests groups

Question 26

Counseling (lawyer’s work)

Answer 26

good solid advice to clients

Question 27

Access

Answer 27

long process to accessing a lawyer

Question 28

indignant

Answer 28

means poor and unable to afford legal counsel

Question 29

Reactionary

Answer 29

they need to defend themselves

Question 30

Public lawyers

Answer 30

pro-bono (pot of $ which can be used to buy a lawyer)

Question 31

contingency fees

Answer 31

pay on winning the case (typically 1/3 of what’s won)

Question 32

Private Practice

Answer 32

• dominant area where lawyers work

- firms able to provide wider array of legal expertise

Question 33

Public defender

Answer 33

• salaried lawyers paid by local or state government represent all criminal indigents in jurisdiction
• used in most big cities

Question 34

Assigned Council System

Answer 34

oldest and most widely used program for providing poor with counsel

Question 35

Law clerks

Answer 35

conduct legal research and engage in legal writing for judge

Question 36

T/F: In criminal prosecutions, legal representation is a right not a privilege. On the other hand, in civil prosecutions, legal representation is a privilege, not a right

Answer 36

TRUE

Question 37

Paralegals

Answer 37

help lawyers prepare for hearings, trials, and corporate meetings… help combat the high volume number of cases