BARBRI MPRE UPDATED Exam Questions
and CORRECT Answers
adoption of ethical rules - CORRECT ANSWER - a state's highest court adopts ethical rules
and decides what is and isn't ethical via disciplinary commissions or bar associations.
congress may govern certain aspects of legal practice
admission to the bar - CORRECT ANSWER - admission requirements must be rationally
related to the practice of law, such as taking an oath to uphold state/federal constitutions
must be of good moral character (GMC)
character and fitness application - CORRECT ANSWER - burden on applicant to show of
GMC
for criminal acts to result in rejection, misconduct must involve moral turpitude
moral turpitude - CORRECT ANSWER - crimes involving intentional dishonesty, violence,
lying
non-requirements for admission - CORRECT ANSWER - citizenship not required because it
violates due process
residency in a state not required to practice law because it violates the privileges and immunities
clause
character reference connected to application - CORRECT ANSWER - you nor reference can
knowingly make a false statement of material fact;
,must respond to all requests for information;
must correct any misapprehensions
not required to disclose confidential information (duty to client) if there is ACR during
admissions process
misconduct - CORRECT ANSWER - violating the MRPC or attempting to violate the rules;
knowingly helping someone violate the rules;
using someone else to violate the rules;
committing certain crimes; conviction not required.
discipline for committing crimes - CORRECT ANSWER - to constitute professional
misconduct, the crime must involve some characteristic that's relevant to the practice of law;
crimes relevant to honesty, trustworthiness, or fitness as a lawyer (taxes, fraud, violence)
not relevant: single incident of marijuana possession or personal morality (adultery)
pattern of minor crimes may be subject to discipline
committing certain acts outside of the practice of law - CORRECT ANSWER - a lawyer is
subject to discipline for any conduct involving dishonesty, fraud, deceit, misrepresentation for
ANY act. doesn't have to be related to the practice of law
reflects on fitness to practice law, especially in regard to how clients are or would be treated
,conduct prejudicial to the administration of justice - CORRECT ANSWER - don't get in the
way of the legal system- no destroying evidence
harassment or discrimination in connection with practice of law - CORRECT ANSWER -
race, religion, sex, national origin, ethnicity, age, sexual orientation, gender identity, marital
status, socioeconomic status
doesn't affect ability to accept, decline, or withdraw from a case
doesn't preclude legitimate advice or advocacy otherwise consistent with the rules, i.e.,
peremptory privileges
duty to report misconduct - CORRECT ANSWER - self-regulating profession
mandatory reporting of violation - CORRECT ANSWER - the violation raises
SUBSTANTIAL questions as to the lawyer's honesty, trustworthiness, or fitness to practice, it
must be reported to the appropriate professional authority
not mandatory if a substantial question is not raised
must know about the violation. suspicion isn't enough
exceptions to mandatory reporting - CORRECT ANSWER - doing so would violate the duty
of confidentiality to a client
situations where the violations was learned in a lawyer's assistance program, such as substance
abuse programs or mental health
unauthorized practice law - CORRECT ANSWER - practicing law without a license by
engaging and assisting somebody else
, practice of law needing a license - CORRECT ANSWER - appearing at a judicial proceeding
and deposition
drafting documents that affect substantial legal rights (attorney must review)
negotiating settlements
giving legal advice to clients
not the practice of the law - CORRECT ANSWER - interviewing people (not the same as a
deposition)
filling in the forms
preparing tax returns so long as non-lawyer not giving legal advice with it
pro se - CORRECT ANSWER - a person who represents oneself in court; not the
unauthorized practice of law
multi-jurisdictional practice - CORRECT ANSWER - unless you're licensed in a state, you
cannot practice law there or open an office there
a lawyer is subject to regulation by each state in which the lawyer is admitted to practice,
regardless of where the lawyer actually practices or where the lawyer's conduct occurred
a lawyer is subject to discipline in any other state where the lawyer provides or offers to provide
legal services
and CORRECT Answers
adoption of ethical rules - CORRECT ANSWER - a state's highest court adopts ethical rules
and decides what is and isn't ethical via disciplinary commissions or bar associations.
congress may govern certain aspects of legal practice
admission to the bar - CORRECT ANSWER - admission requirements must be rationally
related to the practice of law, such as taking an oath to uphold state/federal constitutions
must be of good moral character (GMC)
character and fitness application - CORRECT ANSWER - burden on applicant to show of
GMC
for criminal acts to result in rejection, misconduct must involve moral turpitude
moral turpitude - CORRECT ANSWER - crimes involving intentional dishonesty, violence,
lying
non-requirements for admission - CORRECT ANSWER - citizenship not required because it
violates due process
residency in a state not required to practice law because it violates the privileges and immunities
clause
character reference connected to application - CORRECT ANSWER - you nor reference can
knowingly make a false statement of material fact;
,must respond to all requests for information;
must correct any misapprehensions
not required to disclose confidential information (duty to client) if there is ACR during
admissions process
misconduct - CORRECT ANSWER - violating the MRPC or attempting to violate the rules;
knowingly helping someone violate the rules;
using someone else to violate the rules;
committing certain crimes; conviction not required.
discipline for committing crimes - CORRECT ANSWER - to constitute professional
misconduct, the crime must involve some characteristic that's relevant to the practice of law;
crimes relevant to honesty, trustworthiness, or fitness as a lawyer (taxes, fraud, violence)
not relevant: single incident of marijuana possession or personal morality (adultery)
pattern of minor crimes may be subject to discipline
committing certain acts outside of the practice of law - CORRECT ANSWER - a lawyer is
subject to discipline for any conduct involving dishonesty, fraud, deceit, misrepresentation for
ANY act. doesn't have to be related to the practice of law
reflects on fitness to practice law, especially in regard to how clients are or would be treated
,conduct prejudicial to the administration of justice - CORRECT ANSWER - don't get in the
way of the legal system- no destroying evidence
harassment or discrimination in connection with practice of law - CORRECT ANSWER -
race, religion, sex, national origin, ethnicity, age, sexual orientation, gender identity, marital
status, socioeconomic status
doesn't affect ability to accept, decline, or withdraw from a case
doesn't preclude legitimate advice or advocacy otherwise consistent with the rules, i.e.,
peremptory privileges
duty to report misconduct - CORRECT ANSWER - self-regulating profession
mandatory reporting of violation - CORRECT ANSWER - the violation raises
SUBSTANTIAL questions as to the lawyer's honesty, trustworthiness, or fitness to practice, it
must be reported to the appropriate professional authority
not mandatory if a substantial question is not raised
must know about the violation. suspicion isn't enough
exceptions to mandatory reporting - CORRECT ANSWER - doing so would violate the duty
of confidentiality to a client
situations where the violations was learned in a lawyer's assistance program, such as substance
abuse programs or mental health
unauthorized practice law - CORRECT ANSWER - practicing law without a license by
engaging and assisting somebody else
, practice of law needing a license - CORRECT ANSWER - appearing at a judicial proceeding
and deposition
drafting documents that affect substantial legal rights (attorney must review)
negotiating settlements
giving legal advice to clients
not the practice of the law - CORRECT ANSWER - interviewing people (not the same as a
deposition)
filling in the forms
preparing tax returns so long as non-lawyer not giving legal advice with it
pro se - CORRECT ANSWER - a person who represents oneself in court; not the
unauthorized practice of law
multi-jurisdictional practice - CORRECT ANSWER - unless you're licensed in a state, you
cannot practice law there or open an office there
a lawyer is subject to regulation by each state in which the lawyer is admitted to practice,
regardless of where the lawyer actually practices or where the lawyer's conduct occurred
a lawyer is subject to discipline in any other state where the lawyer provides or offers to provide
legal services
