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CA Bar Outlined and Numbered (with prompts) > PROFESSIONAL RESPONSIBILITY > Flashcards

PROFESSIONAL RESPONSIBILITY Flashcards

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1
Q

7

CLIENTS LOVE FIERCE COUNSEL, COURTS FEEL DIFFERENTLY

A
  1. COMPETENCE
  2. LOYALTY
  3. FINANCIAL INTEGRITY
  4. CONFIDENTIALITY
  5. CANDOR
  6. FAIRNESS
  7. DECORUM
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2
Q

2

FEE SPLITTING WITH NONLAWYERS

A
  1. ONLY WHERE PENSION OR DEATH BEENFITS TO DEAD LAWYER
  2. PROFIT SHARING RETIREMENT PLAN
  3. NONPROFIT (CA)
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3
Q

3

DUTY OF LOYALTY

EXERCISE SOLE FREE

A
  1. EXERCISE PROFESSIONAL JUDGMENT
  2. SOLELY FOR BENEFIT OF CLIENT
  3. FREE FROM COMPROMISING INFLUENCES OR LOYALTIES
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4
Q

5

CONTINGENT FEE AGREEMENT RULES

A
  1. IN WRITING
  2. SIGNED BY CLIENT
  3. STATE BASIS OF FEE CACLUATION
  4. STATE HOW COSTS WILL BE HANDLED
  5. CA = ABA PLUS FEE NEGOTIABLE AND HOW OFFSHOOT CASES HANDLED
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5
Q

4

DUTY OF COMPETENCY

BOTH THE MODEL AND CA RULES IMPOSE SIMILAR REQUIREMENTS THAT AN ATTORNEY HAVE THE REQUISITE

A
  1. KNOWLEDGE
  2. SKILL
  3. THOROUGHNESS
  4. PREPARATION REASONABLY NECESSARY
  5. TO REPRESENT HER CLIENT COMPETENTLY
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6
Q

4

DUTY OF CANDOR - AN ATTORNEY MUST NOT

POEM

A
  1. KNOWINGLY FACILITATE CLIENT PERJURY
  2. CITE OVERRULED CASES OR REPEALED STATUTES
  3. FALSIFY EVIDENCE
  4. MISQUOTE PUBLISHED LANGUAGE
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7
Q

5

DUTY TO ADVERSARY - DUTY NOT TO SPEAK TO EMPLOYEES OF PARTIES REPRESENTED BY COUNSEL

A
  1. NEED CONSENT IF OFFICER, DIRECTOR, MANAGING AGENT, OR PARTNER.
  2. (ABA MANAGERIAL POSITION)
  3. OR REGARDING A SUBJECT WHICH THE EMPLOYEE’S ACTIONS COULD EXPOSE THE PARTY TO CRIMINAL OR CIVIL LIABILITY
  4. OR MADE TO AN AGENT WHO IS AUTHORIZED TO SPEAK ON BEHALF OF THE CORPORATION.
  5. FORMER EMPLOYEE = NOT REQUIRED
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8
Q

2

ABA DUTIES OF SUPERVISING ATTORNEYS - SUPERVISING ATTORNEYS WILL BE LIABLE FOR THE ACTS OF UNDERLINGS WHERE

A
  1. RATIFIED CONDUCT
  2. KNEW OF CONDUCT AND FAILED TO TAKE ACTION.
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9
Q

2

DUTIES REGARDING OTHER MEMBERS OF THE FIRM

A
  1. MANAGING PARTNERS MAKE REASONABLE EFFORTS TO ENSURE EVERYONE IN FIRM FOLLOWS RULES.
  2. CA - FIRM MEMBERS CAN BE DISCIPLINED FOR KNOWING ABOUT A FELLOW FIRM MEMBERS VIOLATION AND DOING NOTHING TO PREVENT IT.
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10
Q

2

DUTY TO EXPEDITE CASES

A
  1. CA ATTORNEYS MUST NOT DELAY TO HARASS ADVERSARY
  2. ABA HAS AN AFFIRMATIVE DUTY TO EXPEDITE
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11
Q

4

SPECIAL DUTIES OF PROSECUTORS - PROSECUTORS MUST NOT

BSMF

A
  1. BRING A CASE WITHOUT PROBABLE CAUSE
  2. SUBPOENA A LAWYER TO PRESENT EVIDENCE ABOUT A CLIENT UNLESS ESSENTIAL AND UNPRIVILEGED
  3. FAIL TO DISCLOSE EVIDENCE FAVORABLE TO THE DEFENSE
  4. MAKE COMMENTS THAT HAVE A SUBSTANTIAL LIKELIHOOD OF HEIGHTENING PUBLIC CONDEMNATION OF THE ACCUSED
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12
Q

4

CA MULTI JURISDICTIONAL PRACTICE REQUIRES

A
  1. LAWYER MUST REGISTER WITH CA BAR
  2. PAY CA BAR DUES
  3. MEET CLE REQUIREMENTS
  4. BE SUBJECT TO CA ETHICS RULES.
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13
Q

2

WHAT IS THE CONSEQUENCE OF OBEYING ORDER FROM A SUPERVISING PARTNER THAT CAUSE A BREACH OF DUTY

A
  1. IF IT WAS A CLEAR VIOLATION, DISCIPLINE
  2. SUBJECT TO DEBATE, ONLY SUPERVISOR RESPONSIBLE
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14
Q

6

DUTIES OF CANDOR - CLIENT PERJURY

A
  1. CIVIL: REFUSE TO CALL CLIENT AS WITNESS IF YOU KNOW CLIENT WILL PERJURE HIMSELF
  2. CRIMINAL:
  3. COUNSEL CLIENT TO TESTIFY TRUTHFULLY
  4. PERMISSIVE WITHDRAW
  5. CA AND (AND ABA IF REQUIRED BY STATE) ALLOW CLIENT TO TESTIFY IN NARRATIVE FASHION BUT DON’T FURTHER PERJURY
  6. ABA: REPORT TO TRIBUNAL.
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15
Q

1

DUTY REGARDING THE PRESS

A

AVOID OUT OF COURT STATEMENTS THAT HAVE SUBSTANTIAL LIKELIHOOD OF MATERIALLY PREJDUCING CASE

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16
Q

4

EXCEPTIONS TO NOT MAKING STATEMENTS TO PRESS

A
  1. UNLESS IN PUBLIC RECORD
  2. WARNING PUBLIC
  3. INFORMING OF ONGOING INVESTIGATION
  4. PROTECTING CLIENT FROM ALREADY MADE BAD STATEMENTS.
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17
Q

2

REPRESENTATION OF A CORPORATION - WHEN A LAWYER REPRESENTS A CORPORATION, HE REPRESENTS

A
  1. ONLY THE ENTITY
  2. NOT ITS EMPLOYEES
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18
Q

4

CONFLICTS OF INTEREST - BOTH THE ABA AND MODEL RULES LIMIT

CAMEP

A
  1. REPRESENTATION OF CLIENTS WITH CONFLICTING INTERESTS.
  2. CLIENTS WITH INTERESTS DIRECTLY ADVERSE
  3. SUBSTANTIALLY RISK MATERIAL IMPAIRMENT TO REPRESENTATION
  4. CA REQUIREMENTS EXTENDED TO POTENTIAL CONFLICTS
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19
Q

7

DUTIES TO THE COURT

SCAPE UP

A
  1. DUTY OF CANDOR AND FAIRNESS
  2. DUTY TO PRESENT FACTS AND EVIDENCE TRUTHFULLY
  3. DUTY TO PRODUCE EVIDENCE
  4. NO EX PARTE COMMUNICATION
  5. NO ASSERTING PERSONAL KNOWLEDGE OF THE FACTS AT ISSUE
  6. DUTY TO UPHOLD THE LAW
  7. DUTY TO STATE LAW CORRECTLY
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20
Q

2

REFERRAL FEES TO AN ATTORNEY FOR A CASE

A
  1. ABA = YES, BUT CONFLICT OF INTEREST REQUIREMENTS WILL APPLY TO BOTH ATTORNEYS, FEE IS PROPORTIONATE AND CLIENT AGREES IN WRITING.
  2. CA = OK IF CLIENT AGREES IN WRITING AND NO EXTRA CHARGE
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21
Q

2

DUTY TO NOT COMMIT DISCOVERY ABUSE

A
  1. NO FRIVOLOUS DISCOVERY REQUESTS
  2. NO FAILURE TO COOPERATE WITH DISCOVERY
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22
Q

4

DUTY OF DILIGENCE

A
  1. DILGENTLY
  2. ZEALOUSLY
  3. PROMPTLY
  4. PURSUE MATTER TO COMPLETION
  5. DESPITE OPPOSITION OR INCONVENIENCE
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23
Q

1

DUTY OF CANDOR - IF YOU KNOW WITNESS IS GOING TO PERJURE HIMSELF

A
  1. DO NOT PUT WITNESS ON THE STAND
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24
Q

2

DUTY TO PRODUCE EVIDENCE - AN ATTORNEY MUST NOT

A

OBSTRUCT ACCESS TO EVIDENCE

TAMPER WITH FRUITS OF A CRIME

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25
Q

6

PERMISSIVE WITHDRAWAL IS ALLOWED WHERE

A
  1. FAILURE TO PAY FEES
  2. CRIME OR FRAUDULENT CONDUCT
  3. FINANCIAL BURDEN
  4. MORALLY REPUGNANT
  5. CLIENT WON’T COOPERATE
  6. CLIENT AGREES
  7. CA - WANTS ASSERT FRIVOLOUS CLAIM OR DEFENSE
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26
Q

2

MALPRACTICE ACTIONS

LIMITING POTENTIAL LIABILITY FOR MALPRACTICE ACTIONS

A
  1. ABA - YES, IF INDEPENDENT COUNSEL
  2. CA - NOPE
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27
Q

2

MALPRACTICE SETTLEMENTS

A
  1. CA - NO SETTLING W/CLIENT UNLESS CLIENT IS ADVISED TO SEEK INDEPENDENT COUNSEL AND GETS A CHANCE TO DO SO
  2. ABA - OK, IF ADVISE SEEKING INDEPENDENT COUNSEL
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28
Q
A
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29
Q

2

WHAT DOES A REASONABLE SUSPICION OF CLIENT PERJURY REQUIRE?

A
  1. REASONABLE BELIEVE DOES NOT REQUIRE REPORTING
  2. ABA REQUIRES RESOLVE DOUBTS
30
Q

4

CA - CRIMINAL CASES - PROSECUTOR/ATTORNEY CAN ALSO MAKE STATEMENTS REGARDING

A
  1. IDENTITY, RESIDENCE, OCCUPATION, FAMILY STATUS OF ACCUSED
  2. FACT, TIME AND PLACE OF ARREST
  3. IDENTITY OF INVESTIGATING OFFICERS
  4. LENGTH OF INVESTIGATION.
31
Q

6

ENTERING INTO A BUSINESS TRANSACTION W/A CLIEN REQUIRES THAT

A
  1. CLIENT ADVISED TO SEEK INDEPENDENT COUNSEL
  2. TERMS ARE FAIR AND REASONABLE
  3. CA REQUIRES UNDERSTANDABLE LANGUAGE
  4. FULL DISCLOSURE IN WRITING
  5. LAWYER’S ROLE IN BUSINESS STATED
  6. CLIENT GIVES FULL WRITTEN CONSENT
32
Q

2

DUTY TO COMMUNICATE - ATTORNEY HAS A DUTY TO KEEP CLIENT

A
  1. REASONABLY INFORMED ABOUT SIGNFICANT DEVELOPMENTS RELATING TO THE REPRESENTATION
  2. PROMPTLY INFORM CLIENT OF ANY DECISION REQUIRING INFORMED CONSENT (ABA)
33
Q

2

DUTY OF CONFIDENTIALITY - AN ATTORNEY MUST

A
  1. MAINTAIN INVIOLATE AND
  2. KEEP SECRET THE INFORMATION
  3. LEARNED DURING LEGAL REPRESENTATION
34
Q

2

CA PROSCRIPTION TO NOT THREATEN CHARGES IN A CIVIL CASE TO GAIN A DISCIPLINARY ADVANTAGE DOES NOT APPLY TO

A
  1. THREATENING TO INITIATE CONTEMPT PROCEEDINGS AGAINST A PARTY
  2. FOR FAILING TO COMPLY WITH A COURT ORDER
35
Q

4

CONFLICTS OF INTEREST ARE OK WHERE

A
  1. REASONABLE BELIEF (ABA ONLY)
  2. WRITTEN CONSENT IS GIVEN
  3. NO BREACH OF CONFIDENTIALITY
  4. DOESN’T MATERIALLY IMPAIR REPRESENTATION
36
Q

4

MANDATORY WITHDRAWAL IS REQUIRED WHERE

A
  1. PHYSICAL OR MENTAL CONDITION RENDERS REPRESENTATION UNREASONABLY DIFFICULT
  2. REPRESENTATION WILL RESULT IN VIOLATION OF RULES
  3. CLIENT DISCHARGES ATTORNEY
  4. CLIENT WANTS TO PURSUE LAWSUIT FOR HARRASSMENT OR MALICIOUS INJURY - CA
37
Q

2

FEE AGREEMENT WRITING REQUIREMENT FOR NONCONTINGENT CASE

A
  1. ABA - NO WRITING REQUIREMENT, JUST PROMPT DISCLOSURE
  2. CA - REQUIRED IF REASONABLY EXPECTED TO EXCEED 1,000 DOLLARS.
38
Q

2

FACTORS TO ASSESS TO ENSURE FEES AREN’T UNCONSCIONABLE OR UNREASOANBLE - THE ATTORNEY MUST BASE FEES ON

A
  1. AMOUNT OF TIME AND SKILL SHE WILL USE
  2. LEVEL OF DIFFICULTY OF THE CASE.
39
Q

3

DUTY OF DECORUM TO TRIBUNAL - A LAWYER SHALL NOT

A
  1. SEEK TO INFLUENCE JURORS OR JUDGES
  2. COMMUNICATE EX PARTY WITH JUDGES OR JURORS DURING TRIAL
  3. COMMUNITATE WITH JURORS AFTER DISCHARGE IF THEY DO NOT WISH TO COMMUNICATE.
40
Q

2

DUTY TO MAINTAIN DIGNITY OF PROFESSION - AN ATTORNEY MUST NOT

A
  1. BRINGS DISDAIN TO THE PROFESSION IN THE PUBLIC EYE
  2. UNJUSTIFIABLY REPRESENT ANOTHER LAWYER IS DISHONEST OR UNTRUSTWORTHY
41
Q

2

DUTY OF SAFEKEEPING PROPERTY - AN ATTORNEY HAS THE DUTY TO HOLD THE PROPERTY OF CLIENTS OR THIRD PERSONS CONNECTED WITH REPRESENTATION

A
  1. SEPARATE FROM LAWYER’S OWN PROPERTY
  2. MUST KEEP ACCOUNTING RECORDS OF THE SAME FOR FIVE YEARS.
42
Q

2

WHERE AN ATTORNEY REPRESENTS A PARTNERSHIP, HE REPRESENTS

A
  1. THE ENTITY
  2. EACH PARTNER
43
Q

1

WHERE AN ATTORNEY REPRESENTS A PARTNERSHIP, HE MUST AVOID

A
  1. REPRESENTING ANY GENERAL PARTNER IN ANY WAY ADVERSE TO OTHER GENEREAL PARTNERS
44
Q

2

NON-CLIENT FEES THAT CAN EXIST IN ATTY TRUST ACCOUNTS

A
  1. REASONABLE AMT FOR BANK FEES
  2. ATTORNEY PORTION OF CLIENT SETTLEMENT FUNDS (MUST BE WITHDRAWN AS SOON AS REASONABLY POSSIBLE.)
45
Q

4

EMPLOYMENT OF DISBARRED ATTORNEY

A
  1. CA - OK WHERE BAR NOTIFIED AND CLIENT INFORMED.
  2. CAN DRAFT BRIEFS, LETTERS AND ACCOMPANY TO DEPOSITIONS.
  3. CAN’T PRACTICE LAW.
  4. ABA - PROHIBITS ASSISTING IN THE UNAUTHORIZED PRACTICE OF LAW.
46
Q

3

CA - GIFTS FOR RECOMMENDING SERVICES

A
  1. CA ATTORNEY CAN’T GIVE GIFTS TO MEDIA IN EXCHANGE FOR PUBLICITY.
  2. CANT GIVE GIFTS FOR RECOMMENDATION OF EMPLOYMENT
  3. CAN USE STATE BAR APPROVED REFERRAL SERVICES
47
Q

7

ATTORNEYS MAY SELL LAW FIRM WHERE

A
  1. ALL OR SUBSTANTIALLY ALL OF LAW FIRM
  2. SOLD TO OTHER ATTORNEY
  3. FEES NOT INCREASED
  4. 90 DAYS WRITTEN NOTICE GIVEN TO CLIENT TO SEEK SUBSTITUTION
  5. IF NO NOTICE RECEIVED, PURCHASE ASSUMES REPRESENTATION
  6. CONFIDENTIAL INFO MUST NOT BE REVEALED TO NON-MEMBERS
  7. ABA - SELLER MUST CEASE ENGAGING IN PRIVATE PRACTICE OF LAW IN THE GEOGRAPHIC AREA, OR IN THE AREA OF PRACTICE THAT HAS BEEN SOLD.
48
Q

2

CA - DISCIPLINARY CONDUCT FOR DISCRIMINATION WILL NOT BE IMPOSED UNTIL

A
  1. FINAL JUDGMENT THAT BEHAVIOR WAS DISCRIMINATORY
  2. APPEALS EXHAUSTED
49
Q

7

DISCRIMINATION TO CA BAR IS

RAD RAGS

A
  1. RACE
  2. ALIENAGE
  3. DISABILITY
  4. SEXUAL PREFERENCE
  5. GENDER
  6. RELIGION
  7. AGE
50
Q

2

CA - A MEMBER CANNOT ADVISE A CLIENT TO VIOLATE LAW OR RULING UNLESS HE HAS A

A
  1. GOOD FAITH BELIEF LAW IS INVALID.
  2. MAY TAKE GOOD FAITH STEPS TO TEST VALIDITY OF LAW.
51
Q

2

CA - AN ATTORNEY CANNOT TAKE OR CONTINUE REPRESENTATION WHERE HE KNOWS THE PURPOSE OF THE REPRSENATION IS TO

A
  1. HARASS OR MALICIOUSLY INJURE THE OPPONENT
  2. NO PROBABLE CAUSE.
52
Q

4

CA - ATTORNEY CLIENT CONFLICTS MAY COME FROM

A
  1. ATTORNEY’S RELATIONSHIP W/PARTY OR WITNESS IN MATTER
  2. ATTORNEY’S PREVIOUS RELATIONSHIP W/PARTY OR WITNESS IN MATTER
  3. ATTORNEY HAS RELATIONSHP W/PARTY AFFECTED BY OUTCOME OF MATTER
  4. ATTORNEY HAS PERSONAL INTEREST IN THE MATTER
53
Q

4

CA ATTORNEYS WHO DON’T HAVE PROFESSIONAL LIABILITY INSURANCE HAVE TO TELL CLIENTS WHEN IT IS FORESEEABLE THEIR REPRESENTATION WILL EXCEED

A

FOUR HOURS

54
Q

2

CA - ATTORNEY MUST PROMPTLY INFORM A CLIENT OF

A
  1. SETTLEMENT OFFERS
  2. PLEA OFFERS
55
Q

2

CA - DUTY REGARDING WITNESSS AND AVAILABILITY - AN ATTORNEY CANNOT

A
  1. ADVISE OR DIRECTLY OR INDIRECTLY CUASE A PERSON TO SECRETE HIMSELF
  2. LEAVE THE JURISDICTION AND MAKE HIMSELF UNAVAILABLE AS A WITNESS.
56
Q

8

DUTIES REGARDING JURORS - AN ATTORNEY CANNOT

V, J, N, H, I, F, E, D

In Fury

En Dury

No Hurry

with a Very

Jury

BOLDED DUTIES ARE ONLY CA DUTIES

A
  1. DIRECLTY OR INDIRECTLY COMMUNICATE WITH MEMBER OF VENIRE
  2. DIRECTLY OR INDIRECTLY COMMUNICATE WITH JURY DURING TRIAL
  3. WHERE ATTORNEY NOT CONNECTED TO CASE, STILL CAN’T COMMUNCIATE REGARDING CASE W/KNOWN JUROR
  4. AFTER TRIAL, CAN’T QUESTION JUROR TO HARRASS, EMBARASS OR INFLUENCE FUTURE JURY SERVICE
  5. NO OUT OF COURT INVESTIGATIONS OF JURORS TO INFLUENCE STATE OF MIND
  6. ALL RULES APPLY TO FAMILY MEMBERS OF JURORS
  7. ALL RULES APPLY TO EMPANNELED, DISCHARGED OR EXCUSED JUROR
  8. FAIL TO PROMPTLY DISCLOSE SUCH COMMUNICATIONS
57
Q

2

CALIFORNIA DEPO NOTICE TIMING

A
  1. 10 DAYS PARTY DEPO
  2. 20 DAYS THIRD PARTY DEPO (SUBPOENA)
58
Q

3

CA RULES - DUTY TO OPPOSING PARTY - DUTY TO INFORM OPPOSING PARTY OF RELEVANT FACTS

A
  1. GENERALLY NO AFFIRMATIVE DUTY
  2. TO INFORM OPPOSING PARTY OF RELEVANT FACTS.
  3. THIS DOES NOT INCLUDE HELPING CLIENT PERPETRATE A FRAUD
59
Q

5

ABA’S DUTY OF FAIRNESS TO OPPOSING COUNSEL

A
  1. NO OBSTRUCTING ACCESS TO EVIDENCE
  2. NO FALSIFYING EVIDENCE
  3. COOPERATE W/DISCOVERY REQUESTS
  4. NO MAKING FRIVOLOUS DISCOVERY REQUESTS
  5. DISOBEY OBLIGATIONS OF TRIBUNAL UNLESS OPEN ASSERTION THAT NO VALID OBLIGATION EXISTS
  6. TO INDUCING WITNESS TO TESTIFY
  7. EXPEDITE LITIGATION
  8. NO ASKING THIRD PARTY TO REFRAIN TO GIVE RELEVANT INFORMATION UNLESS PARTY IS RELATIVE OR AGENT OF CLIENT AND PARTY’S INTERESTS WILL NOT BE ADVERSELY AFFECTED BY THE LOSS
60
Q

7

DUTY OF LOYALTY FACT PATTERN TRIGGERS

BE LOYAL, (OR) U (ARE) PRETTY GUARANTEED TO LOSE CLIENTS

A
  1. LIABILITY LIMITS
  2. USE OF CLIENT’S CONFIDENTIAL INFORMATION AGAINST CLIEN
  3. PUBLICATION RIGHTS
  4. GIFTS FROM CLIENTS
  5. THIRD PARTY FEE PAYMENTS
  6. LOANS TO CLIENTS
  7. CLOSE RELATIONSHIP WITH OPPOSING COUNSEL OR PARTY.
61
Q

2

CALIFORNIA DUTY TO DISCLOSE TO CLIENTS WHEN YOU HAVE A CLOSE RELATIONSHIP WITH THE OPPOSING COUNSEL OR PARTY

A
  1. CALIFORNIA RECOGNIZES ALL CLOSE INTIMATES
  2. BUT AS A PERSONAL RELATIONSHIP, IT ONLY REQUIRES WRITTEN DISCLOSURE
62
Q

3

ABA AND MAKING LOANS TO CLIENT FOR LIVING EXPENSES

A
  1. NOT ALLOWED
  2. DOING SO GIVES LAWYERS TOO GREAT OF A STAKE IN OUTCOME OF ITIGATION
  3. ENCOURAGES CLIENTS TO BRING LAWSUITS.
63
Q

2

DIRECT SOLICITATION OF CLIENTS VIA EMAIL

A
  1. NO ABA
  2. CA DOESN’T PROHIBIT
64
Q

4

RESTRICTIONS ON RIGHT TO PRACTICE

A
  1. ABA AND CA - NO, UNLESS FOR RETIREMENT AFTER PRACTICE
  2. CA - NO UNLESS TERMINATES AT END OF EMPLOYMENT
  3. CA - NO UNLESS B&P CODE ALLOWS
65
Q

6

WHEN MUST A CALIFORNIA ATTORNEY SELF REPORT WITHIN 30 DAYS?

A
  1. THREE OR MORE LAWSUITS IN PAST 12 MONTHS FOR MALPRACTICE
  2. ENTRY OF SANCTIONS (UNLESS FOR DISCOVERY OR UNDER 1000)
  3. JUDGMENT FOR FRAUD, MISREPRESENATION, BREACH OF FIDUCIARY DUTY
  4. DISCIPLINE FROM OTHER LICENSING BOARD
  5. INDICTMENT FOR FELONY
  6. CONVICTION FOR ANY CRIME INVOLVING AN ELEMENT OF MORAL TURPITUDE COMMITTED IN PRACTICE OF LAW
66
Q

3

REVISED CA OATH INCLUDES PROMISE TO STRIVE TO CONDUCT ONE’S SELF AT ALL TIMES WITH

A
  1. DIGNITY
  2. COURTESY
  3. INTEGRITY
67
Q

3

PRIMARY RIGHT THEORY - A CAUSE OF ACTION IS COMPRISED OF

A
  1. A PRIMARY RIGHT OF THE PLAINTIFF
  2. A DUTY OWED BY THE DEFENDANT
  3. A BREACH OF THIS DUTY
68
Q

4

CALIFORNIA PLEA IN ABATEMENT

A
  1. WHERE THERE IS A PRIOR ACTION PENDING
  2. BETWEEN THE SAME PARTIES ON THE SAME CAUSE OF ACTION
  3. THE DEFENDANT MAY FILE A PLEA IN ABATEMENT
  4. IF JUDGMENT ON THE PRIOR PENDING ACTION WOULD BE A COMPLETE BAR TO LITIGATION IN THE INSTANT CASE.
69
Q

2

LEVELS NEEDED FOR THE TWO DIFFERENT TYPE OF ERRORS WHERE OBJECTION ON THE RECORD

A
  1. constitutional - error didn’t change jury’s position beyond reasonable doubt
  2. non-constitutional - jury was not substantially swayed by the error
70
Q

3

CALIFORNIA INTERVENTION AS A MATTER OF RIGHT

A
  1. DISPOSITION MAY AS A PRACTICAL MATTER IMPAIR OR
  2. IMPEDED THAT PERSONALS ABIALITY TO PROTECT TO PROTECT THE INTEREST
  3. UNLESS PERSON’S INTEREST IS ADEQUATELY REPRESENTED BY EXISTING PARTY.
71
Q
A

CA Bar Outlined and Numbered (with prompts) (43 decks)

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