Final Exam Cases

Question 1

Schware v. New Mexico Bar

SCOTUS 1957

Answer 1

MORAL CHARACTER
FACTS:
-Communist, previously arrested (not convicted), multiple names.
-Full disclosure of past events.
-Served in army, married, and had rabbi testify for him.
-Board denied candidate.
-Board refused to release basis of its decision.

MAJORITY: No Rational Connection to Disqualification

• Showed Candor
• Aliases are not problematic (unless fraud).
• Arrest isn’t probative.
• Unorthodoxy is not criminal.
• Totality is insufficient to support disqualification, too.

CONCURRING: Impermissible grounds for denial.

• Valid interest in strict enforcement, but invalid here.
• Communism = Youthful Digression

Question 2

Stickland

Answer 2

g

Question 3

Dressal v. Ameribank

Answer 3

UNAUTHORIZED PRACTICE OF LAW
FACTS:
-Bank charges document preparation fee for mortgages.
-Customer claims fee for preparing documents = UPL

MAJORITY

• Legal Documents of All Kinds is too broad a rule
• Affecting legal rights and responsibilities IS NOT ENOUGH.
• Form Document didn’t involve discretion.
• Fee is irrelevant.

CONCURRING

• Definitions not useful (counsel or assist)
• Case by Case Analysis

RULE
1. Person Counsels/Assists Another in a
2. Matter that Requires Use of
 A. Legal Discretion, and
 B. Profound Legal Knowledge

Question 4

Fieger

Answer 4

x

Question 5

Plants

Answer 5

x

Question 6

Nix v. Whiteside

Answer 6

x