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Law 101 > Quiz One > Flashcards

Quiz One Flashcards

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1
Q

What is the term for a mechanism used to prevent conflicts of interest within a law firm?
a) Ethical Wall
b) Vicarious Liability
c) Actus Reus
d) Non-durable power of attorney

A

a)

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2
Q

Who oversees the conduct of attorneys and handles complaints in the legal profession?
a) Board of Bar Overseers
b) Entity
c) Detour
d) Lobbying

A

a)

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3
Q

Which term refers to a situation where an attorney is torn between duties or interests that conflict with each other?
a) Conflict of Interest
b) Filing
c) Pleading
d) Moving Party

A

a)

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4
Q

What is the legal doctrine that holds one party responsible for the actions of another party?
a) Vicarious Liability
b) In-house Counsel
c) Frolic
d) Capacity

A

a)

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5
Q

What does IOLTA stand for in the context of legal practice?
a) Interest on Lawyers Trust Accounts
b) M ens Rea
c) Guardian Ad Litem
d) Anti-Slapp Statute

A

a)

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6
Q

What is discovery?

A

A phase in a case where both sides in a lawsuit share information and evidence to understand the case better before trial.

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7
Q

True or False: A Durable Power of Attorney remains effective even if the principal becomes incapacitated.

A

true

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8
Q

True or False: In-house Counsel typically work for law firms, not corporations.

A

false

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9
Q

Eggshell plaintiff

A

Someone who is extra vulnerable or fragile, and if they get harmed, anyone responsible cannot use their fragility as a defense.

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10
Q

True or False: Pleading and Filing are two distinct stages in legal proceedings.

A

true

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11
Q

Explain the concept of “ethical wall” and how it is used in the legal profession to prevent conflicts of interest.

A

An “ethical wall” is a set of procedures and safeguards used in a law firm to prevent conflicts of interest by isolating attorneys and their access to certain information

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12
Q

Sua Sponte

A

A judge is taking action on their initiative without a request from parties involved in a case.

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13
Q

What is agency theory, and how does it relate to the legal profession?

A

Agency theory explores relationships where one party (the agent) acts on behalf of another (the principal). In the legal profession, the principal is liable for the actions of the agent.

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14
Q

What is an agent?

A

A representative acting on behalf of another in various matters.

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15
Q

What is a principal?

A

Hires an agent to act on his behalf.

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16
Q

Express authority

A

Clear, direct permission given by the principal to the agent to do specific tasks.

17
Q

Implied authority

A

Things an agent has to do that are reasonable necessary to carry out express authority

18
Q

Why would an attorney be hesitant to represent two people in a divorce case, and how might they navigate such a situation?

A

Attorneys may hesitate to represent both parties in a divorce due to potential conflicts of interest. To navigate, they might seek informed consent or recommend separate counsel.

19
Q

Describe the process of a conflict check that a law firm typically conducts.

A

In a conflict check, law firms examine potential conflicts of interest among attorneys by reviewing current and past clients and cases, ensuring ethical representation.

20
Q

Case Law

A

Rules and decisions that come from previous court cases and help guide decisions in new cases

21
Q

Statutory law

A

Rules and regulations made my legislatures that are written down and apply to everyone.

22
Q

Conflict Between state and federal law

A

When state and federal laws disagree, federal law takes precedence.

23
Q

Describe the purpose of IOLTA accounts and how they benefit both clients and the legal profession. Why are they a crucial part of attorney-client relationships?

A

IOLTA accounts are used to hold clients’ funds, with the interest earned benefiting charitable purposes. They ensure that client funds are safely maintained.

24
Q

Negligence

A

Being irresponsible in a way that can bring unintentional harm to others

25
Q

Perjury

A

When someone lies or gives false information under oath

26
Q

How does a non-durable power of attorney differ from a durable power of attorney, and in what situations might it be used?

A

It grants an agent the authority to act on behalf of the principal but becomes ineffective if the principal becomes incapacitated

27
Q

What role does in-house counsel play within a corporation, and how do they differ from external attorneys working for law firms?

A

Attorneys employed by corporations to provide legal advice and representation to the company they work for, rather than external clients.

28
Q

In a legal context, what does the term “capacity” mean and how does that apply to legal situations.

A

Capacity refers to ones ability to understand and make informed decisions.

29
Q

What is meant by “filing” in legal proceedings, and how does the act of filing documents impact the progression of a case?

A

refers to submitting legal documents to the court or relevant authorities to initiate or respond to legal actions. It is fundamental

30
Q

Describe the concept of “pleading” and explain its significance in initiating and responding to legal actions.

A

refers to the formal written documents filed by parties to initiate or respond to a lawsuit. It sets out the claims, defenses, and issues in dispute.

31
Q

In legal terminology, what does the term “detour” signify

A

a temporary and minor deviation from the course of employment by an employee. It may typically make the employer liable for the employee’s actions

32
Q

Define the term “frolic”

A

a deviation from the course of employment by an employee, often involving personal activities. The employer is usually not held liable for the employee’s actions during a frolic.

33
Q

What is a “moving party” in the context of legal proceedings, and how does their role differ from other parties involved in a case?

A

the party that initiates or brings a motion or request before the court. It is the party seeking a specific order or action from the court.

34
Q

Suborning Purjury

A

Forcing someone to lie under oath

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