MPRE (THEMIS) EXAM QUESTIONS AND ANSWERS.
1. What are the 2 forms
of discipline of an 1. Censure (somebody yells at you. May occur privately by
attorney? the disci- plinary authority or publicly by Supreme court)
2. Disbarment - The loss of license to practice law. (includes
long-term suspension)
2. What kinds of non-disci-
plinary sanctions may
1. Disqualification - thrown out of representation of a
a lawyer face?
particular client
2. Civil liability - Usually, malpractice
3. Criminal liability
3. Define Tribunal Any place that can issue a binding legal judgement. (not just
courts)
4. What is considered a "law Includes corporate law oflces, insurance company law
oflces, district
firm"? attorneys oflce, public defender oflce.
No factor is dis-positive, but oflce sharing, sharing fees may
be con- sidered. Only authorized entities may practice law.
5. Do "writings" have to
be hard copy? Writing can be electronic.
What is required for
"in- formed consent"? Informed consent requires adequate disclosure and
consent. Con- firmed in writing. Consent may sometimes
6. Who regulates be oral.
attor- ney's?
Chapter 2: Regulation
of the legal profession State supreme courts and Federal district courts. ABA model
rules are just a model. Very few states have adopted the ABA
rules completely
1/
16
, MPRE (THEMIS) EXAM QUESTIONS AND ANSWERS.
7. 1. Education - Graduation from an ABA accredited law school.
2/
16
, MPRE (THEMIS) EXAM QUESTIONS AND ANSWERS.
What are the require- 2. Character & Fitness - Disqualifying crimes involve truth
telling (per-
ments of admission to the jury, bribery, fraud)
bar?
3. No residency requirement
4. Truthfulness: No lying on application for bar admission
or law school admission.
8. Regulation after
admis- sion:
1. Violation of the rules
What are the various 2. Criminal Acts that touch on attorney's honesty or fitness
in which an ADMITTED to practice (bribery, perjury, theft from client, )
at- torney can be
3. Fraud or deceit (even if not criminal)
subject to discipline?
-Making a knowingly false statement intending to deceive
9. Vicarious Liability: causing reliance by listener and damages.
1. What are the
responsi- bilities of
Partners within firms? 1. Must have systems in place to ensure compliance.
(example: viola- tion for firm not to have conflict self check
2. When are procedures)
supervising attorneys
responsible for
2. If they [1] order the bad behavior, [2] ratifies the bad
behavior or
[3] after learning of a violation fails to take remedial action
Ex: Boss says file a frivolous complaint
Ex: Boss finds out you filed a frivolous complaint and says
"good job"
the bad acts of the super- Ex: Boss finds out you filed a frivolous complaint and does
nothing
vised?
10. Can a subordinate lawyer raise a
"Nuremberg de- fense" ?
3/
16
1. What are the 2 forms
of discipline of an 1. Censure (somebody yells at you. May occur privately by
attorney? the disci- plinary authority or publicly by Supreme court)
2. Disbarment - The loss of license to practice law. (includes
long-term suspension)
2. What kinds of non-disci-
plinary sanctions may
1. Disqualification - thrown out of representation of a
a lawyer face?
particular client
2. Civil liability - Usually, malpractice
3. Criminal liability
3. Define Tribunal Any place that can issue a binding legal judgement. (not just
courts)
4. What is considered a "law Includes corporate law oflces, insurance company law
oflces, district
firm"? attorneys oflce, public defender oflce.
No factor is dis-positive, but oflce sharing, sharing fees may
be con- sidered. Only authorized entities may practice law.
5. Do "writings" have to
be hard copy? Writing can be electronic.
What is required for
"in- formed consent"? Informed consent requires adequate disclosure and
consent. Con- firmed in writing. Consent may sometimes
6. Who regulates be oral.
attor- ney's?
Chapter 2: Regulation
of the legal profession State supreme courts and Federal district courts. ABA model
rules are just a model. Very few states have adopted the ABA
rules completely
1/
16
, MPRE (THEMIS) EXAM QUESTIONS AND ANSWERS.
7. 1. Education - Graduation from an ABA accredited law school.
2/
16
, MPRE (THEMIS) EXAM QUESTIONS AND ANSWERS.
What are the require- 2. Character & Fitness - Disqualifying crimes involve truth
telling (per-
ments of admission to the jury, bribery, fraud)
bar?
3. No residency requirement
4. Truthfulness: No lying on application for bar admission
or law school admission.
8. Regulation after
admis- sion:
1. Violation of the rules
What are the various 2. Criminal Acts that touch on attorney's honesty or fitness
in which an ADMITTED to practice (bribery, perjury, theft from client, )
at- torney can be
3. Fraud or deceit (even if not criminal)
subject to discipline?
-Making a knowingly false statement intending to deceive
9. Vicarious Liability: causing reliance by listener and damages.
1. What are the
responsi- bilities of
Partners within firms? 1. Must have systems in place to ensure compliance.
(example: viola- tion for firm not to have conflict self check
2. When are procedures)
supervising attorneys
responsible for
2. If they [1] order the bad behavior, [2] ratifies the bad
behavior or
[3] after learning of a violation fails to take remedial action
Ex: Boss says file a frivolous complaint
Ex: Boss finds out you filed a frivolous complaint and says
"good job"
the bad acts of the super- Ex: Boss finds out you filed a frivolous complaint and does
nothing
vised?
10. Can a subordinate lawyer raise a
"Nuremberg de- fense" ?
3/
16
