Quiz One Flashcards
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)
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)
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)
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)
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)
What is discovery?
A phase in a case where both sides in a lawsuit share information and evidence to understand the case better before trial.
True or False: A Durable Power of Attorney remains effective even if the principal becomes incapacitated.
true
True or False: In-house Counsel typically work for law firms, not corporations.
false
Eggshell plaintiff
Someone who is extra vulnerable or fragile, and if they get harmed, anyone responsible cannot use their fragility as a defense.
True or False: Pleading and Filing are two distinct stages in legal proceedings.
true
Explain the concept of “ethical wall” and how it is used in the legal profession to prevent conflicts of interest.
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
Sua Sponte
A judge is taking action on their initiative without a request from parties involved in a case.
What is agency theory, and how does it relate to the legal profession?
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.
What is an agent?
A representative acting on behalf of another in various matters.
What is a principal?
Hires an agent to act on his behalf.
Express authority
Clear, direct permission given by the principal to the agent to do specific tasks.
Implied authority
Things an agent has to do that are reasonable necessary to carry out express authority
Why would an attorney be hesitant to represent two people in a divorce case, and how might they navigate such a situation?
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.
Describe the process of a conflict check that a law firm typically conducts.
In a conflict check, law firms examine potential conflicts of interest among attorneys by reviewing current and past clients and cases, ensuring ethical representation.
Case Law
Rules and decisions that come from previous court cases and help guide decisions in new cases
Statutory law
Rules and regulations made my legislatures that are written down and apply to everyone.
Conflict Between state and federal law
When state and federal laws disagree, federal law takes precedence.
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?
IOLTA accounts are used to hold clients’ funds, with the interest earned benefiting charitable purposes. They ensure that client funds are safely maintained.
Negligence
Being irresponsible in a way that can bring unintentional harm to others
Perjury
When someone lies or gives false information under oath
How does a non-durable power of attorney differ from a durable power of attorney, and in what situations might it be used?
It grants an agent the authority to act on behalf of the principal but becomes ineffective if the principal becomes incapacitated
What role does in-house counsel play within a corporation, and how do they differ from external attorneys working for law firms?
Attorneys employed by corporations to provide legal advice and representation to the company they work for, rather than external clients.
In a legal context, what does the term “capacity” mean and how does that apply to legal situations.
Capacity refers to ones ability to understand and make informed decisions.
What is meant by “filing” in legal proceedings, and how does the act of filing documents impact the progression of a case?
refers to submitting legal documents to the court or relevant authorities to initiate or respond to legal actions. It is fundamental
Describe the concept of “pleading” and explain its significance in initiating and responding to legal actions.
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.
In legal terminology, what does the term “detour” signify
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
Define the term “frolic”
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.
What is a “moving party” in the context of legal proceedings, and how does their role differ from other parties involved in a case?
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.
Suborning Purjury
Forcing someone to lie under oath
