THEMIS MPRE 456 EXAM
Which of the following is NOT a source of professional responsibility law tested on the
MPRE? - Correct Ans-A. Constitutional law issues
B. Evidentiary rules
C. ABA Model Code of Judicial Conduct
D. Correct Answer: Model Penal Code
Which of the following is a disciplinary sanction that a lawyer may face for conduct that
violates the rules of professional conduct? - Correct Ans-A. Civil liability
B. Criminal liability
C. Correct Answer: Disbarment
D. Disqualification as a counsel in a civil or criminal matter
Which of the following statements regarding the ABA Model Rules of Professional
Conduct is FALSE? - Correct Ans-A. Correct Answer: The Rules within the Model Rules
are merely suggestions.
B. The Comments to the Model Rules are merely suggestions.
C. Violation of a mandatory rule can lead to discipline.
D. Aspirational rules tell lawyers what they should do.
Which of the following is a sufficient character and fitness ground for denying an
applicant a license to practice law? - Correct Ans-A. Conviction of a minor crime, such
as disorderly conduct
B. Correct Answer. Failure to disclose a minor crime
C. Carrying substantial debt
D. Not being a resident of the state in which admission is sought
Which of the following does NOT constitute misconduct for which a lawyer can be
subject to discipline? - Correct Ans-A. Violation of a rule of professional conduct
B. A conviction for bribing a juror
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C. Fraud committed in a personal transaction
D. Correct Answer. Conviction for minor traffic offense
Which of the following statements regarding a lawyer's responsibility for misconduct by
others is FALSE? - Correct Ans-A. A partner in a firm must ensure that the firm has in
place measures to prevent violation of the rules of professional conduct.
B. A supervisory lawyer who learns of a violation of the rules of professional conduct by
a subordinate lawyer after it has occurred has an obligation to take remedial action.
C. A subordinate lawyer can follow a supervisory lawyer's reasonable resolution of an
ethical issue without violation of rules of professional conduct.
D. Correct Answer. A supervisory lawyer is not responsible for the conduct of non-
professional employees.
Which of the following statements regarding the regulation of lawyers after admission to
the state bar is FALSE? - Correct Ans-A. Correct Answer. You Selected: Before a
lawyer may be disciplined for fraud under the rules of professional conduct, a victim
must come forward to establish the elements of reliance and damages.
B. Procedural fraud includes lying to a tribunal.
C. A large number of speeding tickets probably does not reflect poorly on a lawyer's
fitness to practice law.
D. Fraud or deceit that is noncriminal may lead to discipline under the rules of
professional conduct.
FILL IN THE BLANKS. A lawyer must generally report misconduct by another lawyer
whenever the conduct is a ______________ and the reporting lawyer has
__________________. - Correct Ans-A. minor violation, actual knowledge of the
misconduct
B. Correct Answer. substantial violation, actual knowledge of the misconduct
C. minor violation, a reasonable belief that the misconduct occurred
D. substantial violation, a reasonable belief that the misconduct occurred
Which of the following statements regarding the unauthorized practice of law is TRUE? -
Correct Ans-A. Correct Answer. A lawyer may be disciplined in a state for conduct that
occurred outside of that state.
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