Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Bar final review > Full Review major concepts > Flashcards

Full Review major concepts Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

Prohibited objectives of representation CA Law

A

May not bring action/defense without PC and for purpose of harassing or maliciously injuring or being claim not warranted under existing law with our good faith argument for modification extension or reversal of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Duty to Reject

A

Must reject rep if it would violate rule of ethics or law or physical or mental ability impairs rep. Should not take if can’t prepare promptly competently diligent and to completion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Limiting client objectives

A

Permissible if reasonable and informed consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When client is disabled

A

Can take reasonable protective action

Can reveal confident info to extent necessary to protect

Can take emergency action as long as reasonably belief unrepped

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Must withdraw from rep

A

Violate ethics or law

CA knows or reasonably should know violate ethics rules (not law)

Mental or phys health materially impairs - CA substantially impairs

Knows or should know bad faith claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

CA Fee splitting

A

Must be written agreement
Client consents in writing full disclosure
Fees not increased

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Referral fees

A

MPRE no

CA - may gift gratuity to person making recommendation if no one consideration of promise or agreement for future referrals. Referrals to other lawyers ok if they meet fee splitting rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

No L/C privilege CA

  1. Estate dispute if dead CL
  2. Information to prevent criminal act with death or substantial harm
A

Answer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When no Duty of Confidentiality

A

Client gives informed consent
Necessary for rep
Substantial bodily harm CA only if criminal must attempt to dissuade and inform of ability
RB to prevent fraud RB certain to cause financial injury when used L service NOT IN CA
L/C dispute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

RULE FOR ALL CONFLICTS

A

Must not rep if risk of materially limited UNLESS

  1. RB he will be able to provide competent and diligent rep
  2. Not prohibited by law
  3. Not assertion of claim by one client against another in same litigation or proceeding and
  4. Affected client gives informed consent confirmed in writing or written consent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Opposing lawyer related/ sex

A

MPRE - may not represent unless each gives informed consent. Not imputed

CA- not permitted when KSK relative on other side or lives/relationship unless written disclosure to client

No sex after rep, cannot waive. If org can’t bone someone with authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Business transaction with clien

A

Cannot do business or acquire adverse interest unless

  1. Fully disclosed in writing
  2. Fair to client
  3. Client understands
  4. Advised to seek independent counsel and has time
  5. Client consent in writing after disclosure and lawyers terms
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Conflict with firms when L switches

A

MR. not imputed if
Screened
No fee
Certification of compliance at reasonable intervals

CA
L cannot substantially participate in prior representation
Screened and no fee
Written notice to former client

Old Firm
No restriction on old Ls clients unless

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Other conflict stuff

A

Former Gov L in private practice

Of participated substantially and personally, only with informed consent in writing - cannot use confidential info

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Dilligence

A

Not bound to press for all advantages
Control worklod
Pursue to completion
CA- not reckless repeated gross neg fails to act with reasonable dilligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Malpractice

A

Negligence
Breach of duty
Cause
Actual damages
May not limit recovery unless CL independent rep
May not settled unrepped unless told to get counsel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Prosecutor duties

A

No prosecution without PC
Advise right to counsel
Not seek PT rights waiver
Disclose exculpatory evidence
Disclose new evidence if credible and material
If in JDX give to D and open investigation
Must reverse if clear and convincing
No extrajudicial statements or letting others make

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Advertisin

A

No false or misleading statement
Advertiser must be identified, include name and address MR1- just contact info
Solicitation- targeted CA - no real time communication unless lawyer or other relationship

Targeted mailings - must label as advertisement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Partner/associate liability

A

Reasonable efforts to ensure compliance

P liable for associate if ratifying bad conduct

Subordinate lawyer - does not violate if acting in accordance with supervised resolution of arguable question of professional duty

20
Q

Employing disbarred lawyer

A 
May not render advise
Make appearances
Negotiation for client
Handle funds 
Other law

May do legal prep, speak to clients with regard to updates and billing

Go with lawyer to dep for clerical assistance

Must notify bar

21
Q

Sale of practice

A 
MR 
Cease practice
Notice to clients, transfer 90 days
Sold to lawyers 
Fee not increased

CA same as above but can still practice busy must sell whole firm

22
Q

Principal fraudulent concealment

A

3rd party not liable to principal if excluded by contract or existence fraudulently concealed

Principal liable if detrimental change in position by 3rd party due to agent with actual authority, principal knew of conduct and did not take steps to notify 3rd party

23
Q

Supreme Court abstention

A

State issue resolved by state court eliminates need for federal issue

Complex state statute scheme of great importance

Enjoining criminal punishment

Double proceedings

24
Q

Exceptions to diversity

A

Probate and marital law

Interpleader - only two claimants need to be diverse

Class action if more than 5 million

Accident if 75 people or more die

  1. A d resides in at least one other state
  2. Two d’s in different states or
  3. Substantial act in two different states

Court will realign if necessary

25
Q

Citizenship of minors

A

Legal rep is citizen of where person repping is.

Minor is deemed citizen of parent state with custody

26
Q

Destroying diversity

A

Cannot assign claims to destroy

May not create by failing to hound indispensable party

Voluntary citizenship ok if genuine intent to reside

Substitute for dead party- ok

Replace do to wrong name - not ok

Ct has discretion to demand if diversity destroyed

27
Q

Supplemental JDX

A

Plaintiff can never exercise supplemental JDX

28
Q

In personam JDX

A

Voluntary presence
Domicile
Consent

Due process- minimum contacts doesn’t offend fair play and substantial justice

Sufficient contact to foresee being taken to court there

Specific and general

Fair play substantial justice.

  1. State interest in adjudication
  2. Burden on D
  3. Efficient resolution
  4. Shares interest of states
29
Q

Venue

A

Fed court
Where any D resides if all in same state or
Where substantial part of events occurred
Fall back is any state with PJ over any D

Venue CA
Transitory - where D resides, not not in CA any county
Contract- where executed or performed
PI where injury occurred

If multiple venues, proper where any D resides

Transfer ca. Occur if - fair trial impossible
Non-conveniens, no qualified jusge

30
Q

Injunction requirements

A

Irreparable harm
Success on merits
Balance of equity
Public interest

31
Q

Joinder

A

Any right to relief asserted joint several or in alternative and common question of law or fact

Cant join if it destroys diversity

Necessary party- complete relief cannot be afforded
May impair ability to protect interest
A sense leads to inconsistent obligations

32
Q

Class action

A

Numerosity - joinder impractical
Ccommonality - law or fact
Typicality- claims typical of class
Adequacy- must fairly and accurately rep class

CA class action
Ascertainable class
Community of interest
Common question of law fact predominate 
Benefit parties and adequately rep
33
Q

General discover rules

A

FRE:
Initial - individuals with discoverable info including subjects; all docs to support claims; insurance; damages computation
14 days after discovery conference
Experts 90 days before unless to contradict, then in 30 days

CA: no mandatory
Balance all disco requests with right to privacy

Dep: 10 dep limit, can’t redepose, depose before discovery conference

CA: no dep limit but 20 day time limit, each dep limited to 7 hours unless stop, complex case, expert, business designation

34
Q

JMOL and JNOV

A

FRE must be renewed

CA - doesn’t need to be renewed

35
Q

New trial

A 
Error at trial
New evidence that was excusably overlooked
Misconduct
Against evidence 
False evidence
Excessive or inadequate
36
Q

Relief from judgment

A

No later than one year after judgment for
Mistake surprise or excusable begleb t
New evidence that could not be discovered
Fraud
No time limit: judgment void or based on other judgment

37
Q

Appeals

A

30 days after entry of last remaining motion or judgment

Final judgment on merits
CA- one party can appeal if final without express findings

Interlocutors- immediate appeal if for an injunction, appointing receiver, admiralty or if district court certifies

CA immediate appeals
Order after judgment
Quash service or non conveniens
New trial or denying JNOV 
Injunction s
Sanctions over 5k
38
Q

Res judicata claim preclusion
Valid final judgment on merits
Sufficiently identical claims
Sufficiently identical parties

A 
Issue preclusion 
Same issue
Actually litigated
Final valid judgment 
Essential to judgment
39
Q

Con law timeliness

A

Ripe or moot
Caps bale of repetition but evading review

D ceases

Collateral consequences

Class action

40
Q

Commerce clause

A

Regulate channels instrumentalities, substantial effect

Substantial effect - rational basis for concluding total incidence substantially effects

41
Q

Dormant commerce clause

A

Cannot discriminate against out of state commerce
- unless necessary to important state interests- local interest and no other means

Unduly burden interstate commerce
-balancing test of purpose of law vs less restrictive alternatives

Regulate outside activities

Can discriminate if market participant or traditional government function entities

42
Q

Procedural due process

A

Notice opportunity key to be heard

Balance interest affected
Risk of erroneous
Deprivation
Government interest in additional process

43
Q

Strict scrutiny

A

Fundamental right
Least restrictive means for compelling state interest
Burden on Givernment

44
Q

Rational basis

A

Not fundamental right

Rationally related to legitimate government interest

45
Q

Fundamental rights

A

Travel- some waiting periods ok for benefits but must be treated equally

Voting

Privacy- includes marriage, contraception, etc.

2nd amendment

46
Q

Equal Peotection

A

Strict scrutiny - least restrictive means for compelling interest - fundamental right or suspect class

Intermediate scrutiny - substantially related to important interest

Rational basis - no higher standards

Showing discrimination - on its face is discriminatory

Applied in discriminatory way

Applied with discriminatory motive

47
Q

Privileges and immunities

A

Applies only to citizens

Cant discriminate against out of state citizen regarding fundamental rights unless
No residents are part of the problem and no other means

Bar final review (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions