MGMT 200 QUIZ 1 QUESTIONS AND
CORRECT ANSWERS
How to hire an attorney - Answer-- attorney-client relationship determined by contract
- agreement cannot guarantee any particular result or outcome
How to fire an attorney - Answer-- client can dismiss attorney any time, but attorneys
entitled to fees for work completed
- attorney can stop representation if there is reasonable basis for withdrawal
Reasonable basis for attorney withdrawal from client representation - Answer-- client
fails to pay agreed fee
- must withdraw if continued employment would lead to disciplinary rule violation
Types of attorney fees - Answer-- hourly rate
- flat fee
- contingency fee
- combination (contingency/flat)
- advance fee deposit (deposit retainer)
Retainer fee - Answer-a sum of money paid to an attorney for a promise to remain
available to the client for consultation when needed and requested
- fees paid in advance placed in trust account-- attorney takes from account as work
progresses
Types of costs in a case - Answer-- court costs
- investigation costs
- discovery
- expert witness fees
- medical examination
Attorney licensing - Answer-- attorneys must be licensed in each jurisdiction in which
they practice
Fiduciary Relationship - Answer-a relationship involving a person in a position of trust
who undertakes to act for the benefit of another
Professional attorney corporations - Answer-- non-licensed professionals are not
allowed to be shareholders
- most states will not shield attorneys from liability for malpractice
,Public defenders - Answer-attorneys paid by local, state, federal governments to
represent indigents accused of crimes
- not usually appointed for civil suits
- civil suits go to legal aid offices
Contingency Fee - Answer-private attorneys in personal injury cases--> their fee is a
percentage of the amount recovered
Fee shifting statutes - Answer-if the attorney wins a case for an underprivileged client
the government pays all attorney fees
pro bono publicio - Answer-- for public good
- legal services free of charge for indigents
- not required, but highly recommended
Reduced Cost Legal Services - Answer-- store-front lawyers or law clinics
- legal service plans
- public interest law firms
Store-front lawyers or law clinics - Answer-- provide routine legal services for reduced
fees
Who may practice law? - Answer-- Attorneys (aided by legal assistants)
- Pro se represenation
Legal service plans - Answer-- group/prepaid plans designed to make legal services
available at reduced costs
public interest law firms - Answer-- funded by grants from private organizations
Professional ethics - Answer-- written rules of acceptable conduct that are adopted by
and binding upon members of a professional group
legal ethics - Answer-- set of rules set out by governing bodies that regulate lawyer and
judicial conduct
who regulates the legal profession? - Answer-- state bar association
Punishment of breaching legal ethics - Answer-- disbarment
- suspension
- probation
- censure
, What is the law? - Answer-A body of rules and conduct prescribed by controlling
authority and having binding legal effect
Law is prescribed by whom? - Answer-Separation of Powers
What is the separation of powers? - Answer-Three branches of government, whose
rights are derived from the Constitution
What are the three branches of government, the rights of each branch? - Answer-
Executive: President has treaty power
Legislative: Congress can legislate in certain areas
Judiciary: can create law through court decisions
Who determines whether a law has "binding legal effect"? - Answer-Judicial Review
Examples of law changing and adjusting with changing social norms - Answer--
affirmative action
- role of women
- Plessy v. Ferguson
- intellectual property law
- international law
- environmental law
- internet
corporate and financial meltdowns
Common Law - Answer-- English
- equity before the law
- respect for established rights
- impartial administration of justice
History of Common Law - Answer-- William the Conqueror combined Norman civil law
(influenced by France and Ancient Rome) with law of England
King's Court - Answer-- civil and criminal legal matters
- dealt monetary damages
- known as the Court of Law
Chancellor Court - Answer-- Court of Equity
- Judges determine solutions
- e.g. give possessions back
English Source of US Law - Answer-- Common Law characteristics
- King/Chancellor Court combined
- Precedents established for future judgments
Federalism - Answer-Union of states under federal government
CORRECT ANSWERS
How to hire an attorney - Answer-- attorney-client relationship determined by contract
- agreement cannot guarantee any particular result or outcome
How to fire an attorney - Answer-- client can dismiss attorney any time, but attorneys
entitled to fees for work completed
- attorney can stop representation if there is reasonable basis for withdrawal
Reasonable basis for attorney withdrawal from client representation - Answer-- client
fails to pay agreed fee
- must withdraw if continued employment would lead to disciplinary rule violation
Types of attorney fees - Answer-- hourly rate
- flat fee
- contingency fee
- combination (contingency/flat)
- advance fee deposit (deposit retainer)
Retainer fee - Answer-a sum of money paid to an attorney for a promise to remain
available to the client for consultation when needed and requested
- fees paid in advance placed in trust account-- attorney takes from account as work
progresses
Types of costs in a case - Answer-- court costs
- investigation costs
- discovery
- expert witness fees
- medical examination
Attorney licensing - Answer-- attorneys must be licensed in each jurisdiction in which
they practice
Fiduciary Relationship - Answer-a relationship involving a person in a position of trust
who undertakes to act for the benefit of another
Professional attorney corporations - Answer-- non-licensed professionals are not
allowed to be shareholders
- most states will not shield attorneys from liability for malpractice
,Public defenders - Answer-attorneys paid by local, state, federal governments to
represent indigents accused of crimes
- not usually appointed for civil suits
- civil suits go to legal aid offices
Contingency Fee - Answer-private attorneys in personal injury cases--> their fee is a
percentage of the amount recovered
Fee shifting statutes - Answer-if the attorney wins a case for an underprivileged client
the government pays all attorney fees
pro bono publicio - Answer-- for public good
- legal services free of charge for indigents
- not required, but highly recommended
Reduced Cost Legal Services - Answer-- store-front lawyers or law clinics
- legal service plans
- public interest law firms
Store-front lawyers or law clinics - Answer-- provide routine legal services for reduced
fees
Who may practice law? - Answer-- Attorneys (aided by legal assistants)
- Pro se represenation
Legal service plans - Answer-- group/prepaid plans designed to make legal services
available at reduced costs
public interest law firms - Answer-- funded by grants from private organizations
Professional ethics - Answer-- written rules of acceptable conduct that are adopted by
and binding upon members of a professional group
legal ethics - Answer-- set of rules set out by governing bodies that regulate lawyer and
judicial conduct
who regulates the legal profession? - Answer-- state bar association
Punishment of breaching legal ethics - Answer-- disbarment
- suspension
- probation
- censure
, What is the law? - Answer-A body of rules and conduct prescribed by controlling
authority and having binding legal effect
Law is prescribed by whom? - Answer-Separation of Powers
What is the separation of powers? - Answer-Three branches of government, whose
rights are derived from the Constitution
What are the three branches of government, the rights of each branch? - Answer-
Executive: President has treaty power
Legislative: Congress can legislate in certain areas
Judiciary: can create law through court decisions
Who determines whether a law has "binding legal effect"? - Answer-Judicial Review
Examples of law changing and adjusting with changing social norms - Answer--
affirmative action
- role of women
- Plessy v. Ferguson
- intellectual property law
- international law
- environmental law
- internet
corporate and financial meltdowns
Common Law - Answer-- English
- equity before the law
- respect for established rights
- impartial administration of justice
History of Common Law - Answer-- William the Conqueror combined Norman civil law
(influenced by France and Ancient Rome) with law of England
King's Court - Answer-- civil and criminal legal matters
- dealt monetary damages
- known as the Court of Law
Chancellor Court - Answer-- Court of Equity
- Judges determine solutions
- e.g. give possessions back
English Source of US Law - Answer-- Common Law characteristics
- King/Chancellor Court combined
- Precedents established for future judgments
Federalism - Answer-Union of states under federal government
