BUL4310 EXAM 3 QUESTIONS & ANSWERS
Lawyers, Juries, and Judges
1. True or False: In Great Britain trial lawyers are known as solicitors. - Answer -
Answer: B. the office attorneys (non-trial lawyers) are called solicitors, while the trial
lawyers are called barristers. LSB 318
2. True or False: In certain situations, judges, legislators, and lawyers are immune from
(have a "privilege" concerning) defamation lawsuits. - Answer -Answer: True. LSB 460;
Barron's page 443
3. Which of the following laws was passed to require that a corporation's lawyers must
alert senior officers when there is corporate misconduct occurring?
A. Federal Attorney Responsibility Act
B. Corporate Attorney Liability Act
C. Corporate Responsibility Act
D. Attorney Misconduct Reports
E. Swindle-Oaks Act - Answer -Answer: C, Corporate Responsibility Act, aka the
Sarbanes-Oxley Act. Barron's page 412
4. True or False: After Michael Jackson's death, interest in his former legal troubles
began
to rise. Many began to speculate that his lawyer had evidence that proved Jackson had
been guilty of the crimes, which he had previously been accused of committing (but not
convicted). Jackson's lawyer thought that many of the comments accusing Jackson of
pedophilia were simply wrong, and she wanted to challenge them. She thus released
transcripts of several conversations she and Jackson had held in private. She reasoned
that since Jackson had died, so had the attorney-client privilege. Her reasoning was
legally sound. - Answer -Answer: False. Swindler & Berlin v. United States (1998) holds
that the attorney client privilege continues even after the client has died. LSB 333.civ
Barron's page 11
5. True or False: Void dire is the process of a lawyer hand picking whom he/she wants
on
the jury. - Answer -Answer: False; Barron's page 62; Lecture
6. True or False: The majority of state civil cases are tried before a jury. - Answer -
Answer: False. As discussed in class on several occasions, jury trials, even in the
United States, are uncommon compared to judge-decided ("bench") cases. Still, in the
United States, jury trials tend to be much rarer than judge (non-jury) trials. On average,
about 93% of state court cases are dismissed or settled before trial, 6% go to a trial by
judge, and only1% are tried before a jury. (LSB 340).
7. True or False: At the federal or state level, impeachment is a device for removing
executive officials (e.g., the President or Vice-President, or the Governor or Lieutenant
,Governor), but not for removing judges. - Answer -Answer: False. LSB 353
8. True or False: The majority of other countries in the world require more schooling for
their lawyers than we do here in the United States. - Answer -Answer: FALSE - LSB
316
9. True or False: In Great Britain and Canada, solicitors prepare legal documents, give
legal
advice, and represent clients in lesser courts. In Great Britain, and Canada, barristers
are the other class of lawyers, and they are the only individuals allowed to litigate in
higher courts. - Answer -Answer - True; Lecture- Solicitors are mentioned on LSB 318.
10. True or False: The proportion of the population in China that are lawyers is greater
than
or equal to the proportion of the population in the United States that are lawyers. -
Answer -Answer- False LSB 331; Barron's page 414
11. Adrienne is a lawyer in a case reviewing potential jurors. Adrienne decides to
dismiss
Christina as a possible juror ONLY because Christina is a female.
A. Adrienne can use a preemptory challenge to dismiss Christina.
B. Adrienne can use a challenge for cause to dismiss Christina.
3
C. Adrienne can use either a preemptory challenge or a challenge for cause to dismiss
Christina.
D. Adrienne cannot dismiss Christina just because she is a female.
E. Adrienne cannot dismiss Christina without agreement from the other lawyer. -
Answer -Answer- D: Barron's page 62; Lecture
12. Jen is on trial for involuntary manslaughter. The jury refuses to follow the jury
instructions
and decides to return a verdict of not guilty. The jury's rationale is that it did not want to
send such a young girl to prison.
A. The jury is exercising its right to jury nullification.
B. The jury cannot do that; it must follow the law.
C. The jurors can ignore instructions but they might face perjury charges.
D. The jury is exercising its right to certiorari.
E. The jury will be replaced. - Answer -Answer- A: Lecture; LSB 345-346.
13. True or False: Stevie Wonder confidentially calls his flamboyant lawyer, Emily, to
seek
advice on securing a music performance contract with Nordic Cruise Line. Stevie
privately asks Emily to draft a preliminary contract that ensures Stevie will be entitled
to unlimited drinks, massages, and a private Jacuzzi while onboard. After preparing the
preliminary contract, Emily blabs to the media about the details of Stevie's special
requests. Because the information that Emily disclosed was true, Emily did not breach
,his client's right to the Attorney-Client Privilege. - Answer -Answer - False: LSB 332;
Barron's page 11
14. When stating the number of lawyers in the United States is given, who is usually
defined, and hence counted, as a lawyer?
A. Only those individuals who have practiced law in the past 12 months.
B. Only those individuals who have practiced law in the past 24 months.
C. Any individual who has just graduated from law school.
D. Those individuals who have gone to law school and passed a bar exam, excluding
corporate counsel and persons in academia.
E. Any individual who has gone to law school and passed a bar exam. - Answer -
Answer - E: LSB 316; Lecture
15. True or False: Juries were once available only at common law. In equity, cases
were
decided by a chancellor, without a jury. Today, however, equity and common law
claims have combined, and a jury is used for both common law claims and equity
issues. - Answer -Answer - False: Barron's p 62. This is true except for the last phrase -
the jury still cannot resolve the equity part of a case. That part of a combined case must
still be decided by the judge even when a jury is present for the common law portion.
16. True or False: Despite the fact that the defendant's actions were unquestionably
4
unlawful, the jury refused to convict him because the jurors believe the defendant acted
to avoid imminent bodily harm, which is a defense in the criminal law. The jury's
decision against conviction is called jury cancellation. - Answer -Answer - False: LSB
345-346. It could be called "nullification."
17. True or False: Judges generally will refuse to accept settlements in order to ensure
that
justice is served in each suit, such as via a trial. - Answer -Answer: False; Lecture;
Barron's p 58, LSB 364
18. True or False: Hourly fees, rather than contingency fees, are the most common
method
of compensating attorneys in both America and the rest of the world. - Answer -Answer
- True: Lecture; LSB 320-322
19. True or False: When the late Michael Jackson was on trial, there was a lot of
difficulty
gathering a jury. That is because Michael Jackson was such a unique person and -
under
the Constitution - he was entitled to a jury of people similar to Michael Jackson. -
Answer -Answer-False; Barron's page 62-63; Lecture
20. True or False: For summoning jurors, Florida uses Drivers Licenses and Voter
, Registration records. - Answer -Answer: False. LSB 343
21. At many points in American history, juries have refused to convict even when a
defendant's actions are unquestionably unlawful; the jury refused to convict because it
apparently believed that the law was unjust. What is this called?
A. Jury Grievance
B. Jury Dissent
C. Jury N.O.V.
D. Jury Nullification
E. A reverse judgment - Answer -Answer: D. LSB 345-346
22. Which of the following is the least likely method for a state judge to leave office
(no longer serve as a judge)
A. He/she has been impeached and convicted
B. He/she has reached a certain age when he/she is required by law to retire.
C. He/she chooses to step down (e.g. bad health).
D. He/she has been chosen for another governmental position, such as for a higher
state judgeship or for a federal judgeship.
E. He/she has lost to an opponent in a contest for reelection. - Answer -Answer: A.
State judges almost always have some mandatory retirement age (e.g., age 70),
sometimes have term limits, and usually have set terms, e.g., 10 years
5 (with possible reappointment). Over 40 states have some judicial elections,
sometimes contested elections. Impeachment is not a practical tool for removal of
a physically and mentally declining judge. Impeachments are very rare. For
example, in Pennsylvania, a populous state, a judge was impeached and removed
there (Rolf Larsen, of the Pennsylvania Supreme Court) in 1994, the first such
removal since 1811. Larsen evidently had lied to a grand jury. In 2000, one of New
Hampshire's five Supreme Court Justices was forced to resign because of his
improper conduct. For example, although he recused (i.e., excused) himself from
an appeal to the Court by his former wife, the Justice still participated in trying to
influence the Court's handling of the case. In the aftermath to this scandal, the
New Hampshire Supreme Court's Chief Justice was impeached by the New
Hampshire House of Representatives, but in November 2000 was acquitted by the
state Senate.
23. True or False: Voir dire is the jury selection process. It is a tool for lawyers to get
information through questionnaires, and then through directly asking the potential
jurors the questions. Judges can ask as well; in fact, in federal cases, the judges do
most of the questioning. - Answer -Answer: True. Lecture; LSB 343; Barron's p 62
24. Which of the following is not one of the characteristics that judges have used for
evaluating testimony in eyewitnesses?
A. Powers of Observation
B. Consistency
C. Clarity
D. Motivation
Lawyers, Juries, and Judges
1. True or False: In Great Britain trial lawyers are known as solicitors. - Answer -
Answer: B. the office attorneys (non-trial lawyers) are called solicitors, while the trial
lawyers are called barristers. LSB 318
2. True or False: In certain situations, judges, legislators, and lawyers are immune from
(have a "privilege" concerning) defamation lawsuits. - Answer -Answer: True. LSB 460;
Barron's page 443
3. Which of the following laws was passed to require that a corporation's lawyers must
alert senior officers when there is corporate misconduct occurring?
A. Federal Attorney Responsibility Act
B. Corporate Attorney Liability Act
C. Corporate Responsibility Act
D. Attorney Misconduct Reports
E. Swindle-Oaks Act - Answer -Answer: C, Corporate Responsibility Act, aka the
Sarbanes-Oxley Act. Barron's page 412
4. True or False: After Michael Jackson's death, interest in his former legal troubles
began
to rise. Many began to speculate that his lawyer had evidence that proved Jackson had
been guilty of the crimes, which he had previously been accused of committing (but not
convicted). Jackson's lawyer thought that many of the comments accusing Jackson of
pedophilia were simply wrong, and she wanted to challenge them. She thus released
transcripts of several conversations she and Jackson had held in private. She reasoned
that since Jackson had died, so had the attorney-client privilege. Her reasoning was
legally sound. - Answer -Answer: False. Swindler & Berlin v. United States (1998) holds
that the attorney client privilege continues even after the client has died. LSB 333.civ
Barron's page 11
5. True or False: Void dire is the process of a lawyer hand picking whom he/she wants
on
the jury. - Answer -Answer: False; Barron's page 62; Lecture
6. True or False: The majority of state civil cases are tried before a jury. - Answer -
Answer: False. As discussed in class on several occasions, jury trials, even in the
United States, are uncommon compared to judge-decided ("bench") cases. Still, in the
United States, jury trials tend to be much rarer than judge (non-jury) trials. On average,
about 93% of state court cases are dismissed or settled before trial, 6% go to a trial by
judge, and only1% are tried before a jury. (LSB 340).
7. True or False: At the federal or state level, impeachment is a device for removing
executive officials (e.g., the President or Vice-President, or the Governor or Lieutenant
,Governor), but not for removing judges. - Answer -Answer: False. LSB 353
8. True or False: The majority of other countries in the world require more schooling for
their lawyers than we do here in the United States. - Answer -Answer: FALSE - LSB
316
9. True or False: In Great Britain and Canada, solicitors prepare legal documents, give
legal
advice, and represent clients in lesser courts. In Great Britain, and Canada, barristers
are the other class of lawyers, and they are the only individuals allowed to litigate in
higher courts. - Answer -Answer - True; Lecture- Solicitors are mentioned on LSB 318.
10. True or False: The proportion of the population in China that are lawyers is greater
than
or equal to the proportion of the population in the United States that are lawyers. -
Answer -Answer- False LSB 331; Barron's page 414
11. Adrienne is a lawyer in a case reviewing potential jurors. Adrienne decides to
dismiss
Christina as a possible juror ONLY because Christina is a female.
A. Adrienne can use a preemptory challenge to dismiss Christina.
B. Adrienne can use a challenge for cause to dismiss Christina.
3
C. Adrienne can use either a preemptory challenge or a challenge for cause to dismiss
Christina.
D. Adrienne cannot dismiss Christina just because she is a female.
E. Adrienne cannot dismiss Christina without agreement from the other lawyer. -
Answer -Answer- D: Barron's page 62; Lecture
12. Jen is on trial for involuntary manslaughter. The jury refuses to follow the jury
instructions
and decides to return a verdict of not guilty. The jury's rationale is that it did not want to
send such a young girl to prison.
A. The jury is exercising its right to jury nullification.
B. The jury cannot do that; it must follow the law.
C. The jurors can ignore instructions but they might face perjury charges.
D. The jury is exercising its right to certiorari.
E. The jury will be replaced. - Answer -Answer- A: Lecture; LSB 345-346.
13. True or False: Stevie Wonder confidentially calls his flamboyant lawyer, Emily, to
seek
advice on securing a music performance contract with Nordic Cruise Line. Stevie
privately asks Emily to draft a preliminary contract that ensures Stevie will be entitled
to unlimited drinks, massages, and a private Jacuzzi while onboard. After preparing the
preliminary contract, Emily blabs to the media about the details of Stevie's special
requests. Because the information that Emily disclosed was true, Emily did not breach
,his client's right to the Attorney-Client Privilege. - Answer -Answer - False: LSB 332;
Barron's page 11
14. When stating the number of lawyers in the United States is given, who is usually
defined, and hence counted, as a lawyer?
A. Only those individuals who have practiced law in the past 12 months.
B. Only those individuals who have practiced law in the past 24 months.
C. Any individual who has just graduated from law school.
D. Those individuals who have gone to law school and passed a bar exam, excluding
corporate counsel and persons in academia.
E. Any individual who has gone to law school and passed a bar exam. - Answer -
Answer - E: LSB 316; Lecture
15. True or False: Juries were once available only at common law. In equity, cases
were
decided by a chancellor, without a jury. Today, however, equity and common law
claims have combined, and a jury is used for both common law claims and equity
issues. - Answer -Answer - False: Barron's p 62. This is true except for the last phrase -
the jury still cannot resolve the equity part of a case. That part of a combined case must
still be decided by the judge even when a jury is present for the common law portion.
16. True or False: Despite the fact that the defendant's actions were unquestionably
4
unlawful, the jury refused to convict him because the jurors believe the defendant acted
to avoid imminent bodily harm, which is a defense in the criminal law. The jury's
decision against conviction is called jury cancellation. - Answer -Answer - False: LSB
345-346. It could be called "nullification."
17. True or False: Judges generally will refuse to accept settlements in order to ensure
that
justice is served in each suit, such as via a trial. - Answer -Answer: False; Lecture;
Barron's p 58, LSB 364
18. True or False: Hourly fees, rather than contingency fees, are the most common
method
of compensating attorneys in both America and the rest of the world. - Answer -Answer
- True: Lecture; LSB 320-322
19. True or False: When the late Michael Jackson was on trial, there was a lot of
difficulty
gathering a jury. That is because Michael Jackson was such a unique person and -
under
the Constitution - he was entitled to a jury of people similar to Michael Jackson. -
Answer -Answer-False; Barron's page 62-63; Lecture
20. True or False: For summoning jurors, Florida uses Drivers Licenses and Voter
, Registration records. - Answer -Answer: False. LSB 343
21. At many points in American history, juries have refused to convict even when a
defendant's actions are unquestionably unlawful; the jury refused to convict because it
apparently believed that the law was unjust. What is this called?
A. Jury Grievance
B. Jury Dissent
C. Jury N.O.V.
D. Jury Nullification
E. A reverse judgment - Answer -Answer: D. LSB 345-346
22. Which of the following is the least likely method for a state judge to leave office
(no longer serve as a judge)
A. He/she has been impeached and convicted
B. He/she has reached a certain age when he/she is required by law to retire.
C. He/she chooses to step down (e.g. bad health).
D. He/she has been chosen for another governmental position, such as for a higher
state judgeship or for a federal judgeship.
E. He/she has lost to an opponent in a contest for reelection. - Answer -Answer: A.
State judges almost always have some mandatory retirement age (e.g., age 70),
sometimes have term limits, and usually have set terms, e.g., 10 years
5 (with possible reappointment). Over 40 states have some judicial elections,
sometimes contested elections. Impeachment is not a practical tool for removal of
a physically and mentally declining judge. Impeachments are very rare. For
example, in Pennsylvania, a populous state, a judge was impeached and removed
there (Rolf Larsen, of the Pennsylvania Supreme Court) in 1994, the first such
removal since 1811. Larsen evidently had lied to a grand jury. In 2000, one of New
Hampshire's five Supreme Court Justices was forced to resign because of his
improper conduct. For example, although he recused (i.e., excused) himself from
an appeal to the Court by his former wife, the Justice still participated in trying to
influence the Court's handling of the case. In the aftermath to this scandal, the
New Hampshire Supreme Court's Chief Justice was impeached by the New
Hampshire House of Representatives, but in November 2000 was acquitted by the
state Senate.
23. True or False: Voir dire is the jury selection process. It is a tool for lawyers to get
information through questionnaires, and then through directly asking the potential
jurors the questions. Judges can ask as well; in fact, in federal cases, the judges do
most of the questioning. - Answer -Answer: True. Lecture; LSB 343; Barron's p 62
24. Which of the following is not one of the characteristics that judges have used for
evaluating testimony in eyewitnesses?
A. Powers of Observation
B. Consistency
C. Clarity
D. Motivation
