BarBri - MPRE Exam Questions and Correct
Answers/ Latest Update / Already Graded
Regulation of the Legal Profession: American Bar Association
Ans: No disciplinary authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules
Ans: ABA Model Rules of Professional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
Displine for Violation of "Must" Rules
Ans: 1. Reproval
2. Suspension
3. Disbarment
Reproval
Ans: Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension
Ans: Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment
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Ans: Permenant punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question)
Ans: The lawyer MUST....
The lawyer MUST NOT...
Is the lawyer subject to DISCIPLINE...
Regulation of the Legal Profession: "Should" Rules
Ans: Advisory, Aspirational, Ethical Considerations
No repurcussions for failure to follow or adhere
Merely ethical considerations
"Should be involved in..."
Types of MPRE "Should" Questions (The "Call" of the Question)
Ans: It would not be PROPER...
Which of the following is PROPER...
Which MAY the lawyer do...
Which SHOULD the lawyer do...
Regulation of the Legal Profession is a ________ Excercise
Ans: "Judicial" --- Therefore the State Supreme Court is the ultimate authority
(within the context of the Federal System) with the power to regulate attorneys,
admit them to the practice, and discipline them.
Moral Turpitude
Ans: Bad thing
We do not want
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Good Moral Character
Ans: Good Thing
State Law and Professional Responsibility
Ans: State laws supplement the ABA Model Rules of professional conduct
Moral Terpitude
Ans: Bad thing
We do not want it
Good Moral Character
Ans: Good thing
State Requirments for admission to the Bar
Ans: Supreme Court says they must be RATIONALLY RELATED to the
practice of law
Admission to the Bar: Rationally Related
Ans: a) graduate from ABA accredited law school, and
b) take an oath to upohold the constitution
(US citizenship and resident of the state are NOT rationally related)
Requirements on Person Applying to the Bar
Ans: 1. Truth and fair disclosure - provide in regard to Bar exam application
2. Duty to Cooperate - must cooperate, respond, etc. during the application
process
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