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Lawyers, Juries, and Judges
1. True or False: In Great Britain trial lawyers are known as solicitors.
Ans✓✓✓ 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.
Ans✓✓✓ 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 Ans✓✓✓ 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. Ans✓✓✓ 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. Ans✓✓✓ Answer: False; Barron's page 62; Lecture
6. True or False: The majority of state civil cases are tried before a jury.
Ans✓✓✓ 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. Ans✓✓✓ 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. Ans✓✓✓ 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. Ans✓✓✓ 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. Ans✓✓✓ 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.
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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. Ans✓✓✓ 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.