Exam Two Study Guide

Question 1

What are two ways to measure a lawyers competence

Answer 1

Extent of training and education in general and specific law

The come city of a case and whether the lawyer has the time to complete representation.

Question 2

What is one thing required under the expectation that lawyers will show due diligence

Answer 2

Lawyers will follow a case through to its closure

Question 3

What are two situations in which a lawyer will not be required to maintain confidentiality

Answer 3

Prevention of perjury

Prevention of crime of fraud, serious injury or death

Question 4

What are these circumstances in which a conflict of interest might arise for a lawyer

Answer 4

If representing one client will be directly adverse to another client

Representing two clients involved in the same case

Representing a client involved in the same or related matter in which a firm the lawyer has been formally associated with has previously represented the client unless consent provided

Question 5

What two things must a defendant show in order to successfully argue they did not have effective representation from their lawyer

Answer 5

The lawyers underlying motive for initiating the case is to harass or injure another

The lawyer fails to appropriately and timely communicate with the client

Question 6

What are three examples of things that may be publicly communicated about a case?

Answer 6

The charge or offence
Identity and public record of the offender
If investigation is ongoing and when a trial may happen

Question 7

What are at least two things that should be included in a written contingency fee arrangement?

Answer 7

The percentage to be charged and the method of calculation

If the client is liable for anything new if no recovery made

Question 8

What are two ethical duties of judges?

Answer 8

To remain unbiased, independent and objective when hearing cases and different parties arguments

Responsible or refereeing the court such as informing the jury and holding themselves accountable by answering to a judicial review board

Question 9

What are the two situations in which an attorney ex parte communication w a judge is acceptable

Answer 9

When the communication is unlikely to give one attorney an unfair advantage over another

In an emergency situation and in Scheduling issues

Question 10

What are two examples of limits placed on the free speech rights of judges

Answer 10

Cannot comment on cases the judge is overseeing

Cannot praise nor criticise the jury on their verdict after the case is concluded

Question 11

What are two factors that are considered in determining if a judge or their family may receive an item of value?

Answer 11

The value and occasion of the gift eg a $20 gift hamper at Christmas is acceptable; a $200000 yacht on a Tuesday is not

Intent of giving and receiving this cannot come from an individual who may appear before the judge in court as that is then a bribe

Question 12

What is the anti - contact rule regarding prosecutors

Answer 12

The anti contact rule is a rule that prohibits prosecutors from communicating with individuals who are presented by counsel thus if the individual has a lawyer in a case the opposing lawyer cannot contact them specifically regarding the case

Question 13

What obligation does a prosecutor have to reveal exculpatory evidence to the defence

Answer 13

The prosecutor must disclose any exculpatory evidence, that is material to guilt, they have the defence if the defence makes a formal request. Only have to disclose evidence that if suppressed would prevent a fair trial

Question 14

What is one issue with locating prisons in rural areas and one issue with locating them in urban areas

Answer 14

Rural: isolation from urban environment and much of civilisation

Urban: officers and inmates from the same neighbourhood may feel hateful or empathetic together one another eg personal vendettas or personal favours

Question 15

What are two good traits in correctional volunteers

Answer 15

Reliable and emotionally stable

Humble, empathic and understanding but strong willed

Question 16

What are three types or power that give correctional officers authority over inmates

Answer 16

Reward power: use of rewards to gain compliance

Expert power: use of skills, experience and expertise to gain respect and admiration

Legitimate power: power governs to officers by the state

Question 17

What are three items in the correctional officer code

Answer 17

Always aid other officers in distress

Don’t make fellow officers look bad in front of inmates

Always support fellow officers in disputes with inmates

Question 18

What are three ways in which the officer subculture influences new officers

Answer 18

Create a mentality of inmates being the enemy and cannot be trusted

They learn how to anticipate trouble

Learn to recognise signs that problems are developing such as lack of noise

Question 19

What are three characteristics of officers that make them more likely to be targets of office manipulation

Answer 19

Social isolation: below average appearance, low self esteem and limited opportunities in outside world

Wild social life: comes to work tired/hungover, sleeps on job and outgoing

Financial problems: likely to be perceived as greedy, appearing to only want a one time quick buck deal with an inmate

Question 20

What are two duties of probation officers

Answer 20

Referral of probationers to appropriate social resources and services in the community for rehabilitation purposes

The enforcement of court orders such as removal of a firearm from a probationer’s home if they are not allowed firearms while on probation

Question 21

What are three of the four types of probation officers

Answer 21

Law enforcers: see obeying law as essential and focus on authority; more likely to write poor reports to send person to jail

Time servers: similar to law enforcers but more adaptable and willing to change; more lenient on probationer’s than law enforcers

Synethic officers: balance of law and therapy; likely to overlook minor violations and give second chances

Question 22

What are the two types of corrupt probation officers

Answer 22

Grass eaters: accept bribes and payments but do not search for it

Meat eaters: aggressively seek exploitation opportunities for financial gain

Question 23

What are two reasons why there has been growth in the private security industry

Answer 23

Rise in the fear of crime

Surge in workplace related crime

Question 24

How do types of laws that govern private security differ from those that govern public police

Answer 24

Private security is governed by civil law known as torts while public policing is governed by criminal and civil litigation

Private officers do not have to tell offenders their Miranda rights

Question 25

What is one of the reasons why a loss prevention officer might make a bad stop?

Answer 25

A loss prevention officer might make a bad stop if they are a novice and get overexcited about apprehending a supposed shoplifter

Question 26

What is a limitation of the shopkeepers privilege

Answer 26

It makes private security personnel more vulnerable to civil litigation when using force than normal police officers as it only grants reasonable force against private citizens

Question 27

What is a reason why a store might have a no chase policy for its security agents

Answer 27

There may be a no chase policy in place for safety of officers. As they are usually unarmed and do not have means of self defence chasing an offender can be dangerous

Question 28

What are the three most serious forms of ethical misconduct by private security agents

Answer 28

Race and sexual discrimination/harassment

Privacy infringements

Use of force violations