Lawyers/Judges Flashcards

1
Q

Were early American lawyers given formal training?

A

NO. Self taught

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2
Q

How did early US lawyers learn?

A

Apprenticed with lawyers & read legal treatises

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3
Q

When did US push to professionalize legal education?

A

Post-Civil-War

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4
Q

What are law Schools like today?

A

3 year program
Study casebooks, federal rules, etc…
Socratic method

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5
Q

Lawyer licensing requirements:

A
  1. Graduate from ABA accredited Law school
  2. Apply to State Board
  3. Pass character and fitness test
  4. Pass the Bar exam
  5. Pass MPRE (Ethics Exam)
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6
Q

What is a litigator?

A

Lawyer who goes to court and arguesW

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7
Q

What is a transactional attorney?

A

Contracts, documents, and transactional work, advises clients

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8
Q

Where do lawyers work?

A
  • Private practice
  • Business
  • Federal/State government
  • Non-profit
  • Law clerks for judges
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9
Q

What is Assigned council?

A

Appointed in their individual capacity, recieve compensatiomn on case-by-case basis

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10
Q

What is a Public Defender?

A

Employed by Govt. all clients are unable to afford private attorney. Recieve flat salary

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11
Q

When are parties in civil trial entitled to an attorney?

A

If jail time is possible, or by state statute

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12
Q

What services offer free legal rep. for civil cases?

A

Non-profits, legal clinics, or legal aids.

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13
Q

How are Federal judges appointed?

A

Nominated by President
Confirmed by Senate

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14
Q

What are Senate Judicial Hearings?

A

Only Judiciary committee questions judge nominee. Full senate votes.

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15
Q

How are state judges appointed?

A

Most are elected, or are initially appointed but must be re-elected

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16
Q

What is the Merit Selection Plan (Missouri Plan)?

A
  1. Vacancy for state judge position
  2. Commission created
  3. Commission creates list of names, gives to govenor
  4. Govenor chooses a judge w/ that list
  5. After 2 years = election to evaluate judge
17
Q

What role do jusges have in courtroom?

A

Neutral parties.

18
Q

Why do judges have so much discretion?

A

Sentencing guidelines are WIDE

19
Q

How do Judges manage dockets?

A

Grant continous = set cases for a different day
Can dismiss cases