BarBri - MPRE Exam Questions with Verified Answers
1. Regulation of the Legal Profession: American Bar Association: No discipli-
nary authority
Membership is Voluntary
2. Regulation of the Legal Profession: "Must" Rules: ABA Model Rules of Pro-
fessional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
3. Displine for Violation of "Must" Rules: 1. Reproval
2. Suspension
3. Disbarment
4. Reproval: Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
5. Suspension: Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
6. Disbarment: Permenant punishment
Name removed from firm name, door, and stationary
7. Types of MPRE "Must" Questions (The "Call" of the Question): The lawyer
MUST....
The lawyer MUST NOT...
Is the lawyer subject to DISCIPLINE...
8. Regulation of the Legal Profession: "Should" Rules: Advisory, Aspirational,
Ethical Considerations
No repurcussions for failure to follow or adhere
Merely ethical considerations
"Should be involved in..."
9. Types of MPRE "Should" Questions (The "Call" of the Question): It would not
be PROPER...
Which of the following is PROPER...
Which MAY the lawyer do...
Which SHOULD the lawyer do...
10. Regulation of the Legal Profession is a Excercise: "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.
11. Moral Turpitude: Bad thing
We do not want
12. Good Moral Character: Good Thing
, BarBri - MPRE Exam Questions with Verified Answers
13. State Law and Professional Responsibility: State laws supplement the ABA
Model Rules of professional conduct
14. Moral Terpitude: Bad thing
We do not want it
15. Good Moral Character: Good thing
16. State Requirments for admission to the Bar: Supreme Court says they must
be RATIONALLY RELATED to the practice of law
17. Admission to the Bar: Rationally Related: 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)
18. Requirements on Person Applying to the Bar: 1. Truth and fair disclosure -
provide in regard to Bar exam application
2. Duty to Cooperate - must cooperate, respond, etc. during the application process
19. Requirement od Lawyers who are already admitted regarding Bar appli-
cants: 1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of the
applicant
20. Lawyer Discipline After Admission: Regulated by the highest court in the
state, and agency thereof
21. Obligations to Report and Testify about Violations: 1. You MUST rat on your
lawyer friends to the State Disciplinary Board
2. The rules are NOT jurisdiction specific
3. You must be available to testify (no anonymous tips)
4. Your are always a lawyer 24-7-365
22. If you KNOW a violation has occured you MUST ....... send a letter to the state
disciplinary Board with your name on it
23. If you SUSPECT a violation has occured you...: MAY report it.
24. Unaithorized Practice of Law: Activity requiring a law license: This consti-
tutes the practice of law:
1. Court Appearences and Depositions (except clinicals, per se)
2. Drafting Legal Documents
3. Conducting Settlements (except insurance companies)
25. Unauthorized Practice of Law: Acitivity which does NOT require a license-
: This does NOT constitute the practice of law:
1. File papers with the court
2. Interviewing Witnesses (unless under oath, then it is a deposition)
3. Filling out of forms
1. Regulation of the Legal Profession: American Bar Association: No discipli-
nary authority
Membership is Voluntary
2. Regulation of the Legal Profession: "Must" Rules: ABA Model Rules of Pro-
fessional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
3. Displine for Violation of "Must" Rules: 1. Reproval
2. Suspension
3. Disbarment
4. Reproval: Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
5. Suspension: Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
6. Disbarment: Permenant punishment
Name removed from firm name, door, and stationary
7. Types of MPRE "Must" Questions (The "Call" of the Question): The lawyer
MUST....
The lawyer MUST NOT...
Is the lawyer subject to DISCIPLINE...
8. Regulation of the Legal Profession: "Should" Rules: Advisory, Aspirational,
Ethical Considerations
No repurcussions for failure to follow or adhere
Merely ethical considerations
"Should be involved in..."
9. Types of MPRE "Should" Questions (The "Call" of the Question): It would not
be PROPER...
Which of the following is PROPER...
Which MAY the lawyer do...
Which SHOULD the lawyer do...
10. Regulation of the Legal Profession is a Excercise: "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.
11. Moral Turpitude: Bad thing
We do not want
12. Good Moral Character: Good Thing
, BarBri - MPRE Exam Questions with Verified Answers
13. State Law and Professional Responsibility: State laws supplement the ABA
Model Rules of professional conduct
14. Moral Terpitude: Bad thing
We do not want it
15. Good Moral Character: Good thing
16. State Requirments for admission to the Bar: Supreme Court says they must
be RATIONALLY RELATED to the practice of law
17. Admission to the Bar: Rationally Related: 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)
18. Requirements on Person Applying to the Bar: 1. Truth and fair disclosure -
provide in regard to Bar exam application
2. Duty to Cooperate - must cooperate, respond, etc. during the application process
19. Requirement od Lawyers who are already admitted regarding Bar appli-
cants: 1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of the
applicant
20. Lawyer Discipline After Admission: Regulated by the highest court in the
state, and agency thereof
21. Obligations to Report and Testify about Violations: 1. You MUST rat on your
lawyer friends to the State Disciplinary Board
2. The rules are NOT jurisdiction specific
3. You must be available to testify (no anonymous tips)
4. Your are always a lawyer 24-7-365
22. If you KNOW a violation has occured you MUST ....... send a letter to the state
disciplinary Board with your name on it
23. If you SUSPECT a violation has occured you...: MAY report it.
24. Unaithorized Practice of Law: Activity requiring a law license: This consti-
tutes the practice of law:
1. Court Appearences and Depositions (except clinicals, per se)
2. Drafting Legal Documents
3. Conducting Settlements (except insurance companies)
25. Unauthorized Practice of Law: Acitivity which does NOT require a license-
: This does NOT constitute the practice of law:
1. File papers with the court
2. Interviewing Witnesses (unless under oath, then it is a deposition)
3. Filling out of forms
