Admin Law ch 8-15
In which of the following cases is a successful party in litigation likely to be able to recover lawyers' fees from the other party?
A federal civil rights case
Corpus Juris Secundum is:
A legal encyclopedia with broad coverage of most legal subjects
Conflict laws generally prohibit public officials from:
Being substantially involved in decisions involving their personal and financial interests
Which of the following most accurately describes how to read a statute:
Both print and Internet versions should be checked for later changes
A writ of habeas corpus is sought:
By a prisoner challenging the legality of incarceration based on the law or constitution
Local government ordinances are published:
By the local governments and often included in the Municode data base
A 2005 ethics commission convened by the New Jersey governor found that:
Ethics lapses often are attributable to good faith ignorance of the governing ethics rules
"Failure to warn" liability is based on:
Failure to provide warnings about risks of injury from a use of the product that is reasonably foreseeable
A decision of a U.S. district court would be published in:
Federal Supplement
The federal Ethics in Government Act applies to:
Federal executive officials and employees
The form of rulemaking that is most like litigation procedure is:
Formal rulemaking
Someone who is jointly and severally liable for damages in tort is:
Fully liable to the injured person
Which of the following is not a common method for discovering information from another party in litigation?
Habituation
Under which of the following circumstances may a lawyer disclose a confidential client-lawyer communication?
If the client consents
Under which of the following circumstances must a lawyer terminate representation of a client?
If the lawyer knows the continued representation will violate a rule of professional conduct
Employers are responsible for the acts of their employees' negligence:
If the negligent act was within the scope of authority associated with the work
When can an arbitration award be appealed?
In rare circumstances such as if the award involved fraud or the arbitrator exceeded powers given in the arbitration agreement
A public official's oath of office:
In some jurisdictions can be the basis for criminal sanctions when violated
A tort claim for emotional distress can be brought if the conduct was:
Intentional and outrageous
The tort of trespass is based on
Intentional entry onto the property of another without permission or privilege
Which of the following is the most accurate statement of the definition of the tort of battery?
Intentionally causing harmful or offensive contact with a person or something closely without the person's consent
An agency rule that explains an agency's understanding of the law or its regulations is known as:
Interpretive
The U.S. Supreme Court has held that proof beyond a reasonable doubt:
Is required for every fact necessary to constitute the crime with which the suspect is charged
In litigation, the plaintiff:
Is the party initiating the lawsuit with a claim
Which of the follow statements is the most accurate description of the application of the federal Administrative Procedure Act?
It governs most federal agency procedures and similar state acts govern many state agencies
Which of the following most accurately describes international law research?
It involves an understanding of the peculiar nature of international law as well as methods for identifying potentially applicable sources of law
The following is the Judge Learned Hand formula for determining whether someone has breached the negligence standard of care:
It is breached if (A) the burden of preventing the harm was less than (B) the gravity of the harm multiplied by (C) the probability that it would occur.
Which of the following is the most accurate description of the pretrial process in most cases?
It is lengthy, costly, and contentious
The following is the most accurate description of how the lawyers' rules of professional conduct restrict representation of multiple clients if there is a significant risk that the lawyer's responsibilities will be materially limited by other loyalties:
It is prohibited unless the lawyer reasonably beliefs that competent and diligent representation can be provided to each client and each client consents
In the federal government, the office that hears appeals of employment promotion decisions is the:
Merit Systems Protection Board
A request for judgment in a trial on the basis that there is no need to resolve disagreements about what happened because the law requires only one result regardless of how differing versions of the facts would be resolved is a:
Motion for summary judgment
Under the Model Penal Code, killing someone recklessly under circumstances manifesting extreme indifference of the value of human life is:
Murder
Is the subject of an administrative subpoena entitled to prior notice that the subpoena is being served on a third party such as a bank that has records of the subject's accounts?
No
A document that has been marked "for identification" is:
Not yet admitted into evidence to be considered by the judge or jury
"Quid pro quo" sexual harassment is:
Occurs when supervisors make adverse employment decisions against employees who deny unwelcome sexual demands
The federal executive branch office that is responsible for ethics rules and regulations is:
Office of Government Ethics
The following is the most accurate statement regarding the restrictions in federal law on a former federal official against representation of someone who had a matter pending while the official was still in office:
One-year restriction
When may a party submit new evidence during an appeal?
Only in rare circumstances
Documents that parties file with the court are called:
Pleadings
Under current U.S. Supreme Court case law the death penalty is:
Prohibited if administered arbitrarily or inconsistently with evolving standards of decency
Title VII of the Civil Rights Act of 1964:
Prohibits employers from discrimination against an individual in employment based religion
The Family and Medical Leave Act requires employers to:
Provide a specified number of weeks of unpaid leave for childcare or certain health reasons for qualified employees
Which of the following is the most accurate description of a basic requirement of the Americans with Disabilities Act?
Public areas of buildings must be modified to allow the disabled access to the same services as the non-disabled
In People v. Howard the Illinois Supreme Court held that:
Public officials could be prosecuted when their actions violate a constitutional provision
The lawyers' rules of professional conduct require that the lawyers' fee always be:
Reasonable
In a tort claim punitive damages are:
Recoverable in some jurisdictions under certain circumstances if not arbitrary or irrational
Courts tend to review conflict of interest rules as applied to local government employees as:
Requiring mindfulness that the rules not be applied to unjustifiably deprive municipalities of public officials based on nebulous contacts
The federal Administrative Procedure act addresses what are the two basic forms of administrative action?
Rulemaking and adjudication
Which of the following is the most accurate description of the extent of force that a person may use in self defense?
The amount of force must be measured to the threat
Strict liability for ultra-hazardous activities is based on:
The conclusion that those who carry on such activities pose such serious risks to others than they should be responsible for the resultant loss
Based on the reasoning in Frankel v. Board of County Commissioners of Teton County, what action is a court likely to take when reviewing a challenge to a local administrative board decision if there is no record of the factual submissions or the reasons for the board's decision?
The court will remand the action for reconsideration based on a sufficient record
Which of the following statements concerning the scope of judicial review of an agency decision is most correct?
The court will uphold the agency's decision if it is based on a permissible construction of the statute
The following is the most accurate description of the rule in Garcetti v. Ceballos regarding a public employee's free speech right in public employment:
The employee may be disciplined or terminated if the statements were made pursuant to official duties
Which of the following would not be subject to the lawyer-client confidentiality privilege?
The fact that a lawyer had a phone conversation with a client
Which of the following is the most accurate description of the time limits for bringing tort claims?
They are set by applicable statutes of limitations within the governing jurisdictions
Annotated statutory compilations are a potentially useful starting point for research because:
They have collections of relevant cases following particular statutes
Which of the following is the most accurate description of federal agency investigatory powers?
They have investigatory powers as defined by statute, which may include a subpoena power
Which of the following is the most accurate statement of a supervisor's liability for sexually harassing behavior of their subordinates?
They may become personally liable if they become aware of the behavior and fail to attempt to stop it
Which of the following is the most accurate statement of a lawyers' obligation under their professional rules with respect to offering evidence to a court that the lawyers know to be false?
They may not do so
The following is the most accurate statement of the laws in most jurisdictions concerning lobbying:
They require individuals to register as lobbyists if they are compensated for communicating with government officials for the purpose of influencing legislative or administrative action
Which of the following representations by a lawyer to a court during a trial would likely be a breach of the lawyer's professional obligations?
"I have been around a long time and I have had many clients, and I can stake my personal reputation on the fact that my client's testimony is truthful."
Which of the following would be considered an "interest" rather than a "position" as characterized by Fisher, Ury, and Patton?
"The trees that you cut down on my land messed up my landscaping"
The federal Administrative Procedure Act was enacted in:
1946
The Age Discrimination in Employment Act applies to employees who are at least the following age:
40
The overtime requirements under the federal Fair Labor Standards Act apply when an employee works more than how many hours in a work week?
40
A treatise is:
A book or series of books containing an in-depth discussion of a legal subject
A citation to a case in "N.E.2d" would be to
A case from a state court in one of several north eastern states
Injunctive relief is:
A court order that someone do or not do something
When a comparative fault statute applies to a negligence claim the plaintiff recovers:
A percentage based on allocation to the defendants, in some states provided the plaintiff's own negligence does not exceed 50 or 51 percent depending on the statute
Which of the following is the most accurate description of the duty requirement in negligence law?
A person has a duty not to create an unreasonable risk of foreseeable harm to others
In criminal procedure the "Brady material" requirement refers to:
A prosecutor's obligation to disclose exculpatory evidence pertaining to guilt or punishment
What was the U.S. Supreme Court construing in Dolan v. U. S. Postal Service?
A provision of the Federal Tort Claims Act that barred certain kinds of claims
When appearing as a cross-reference, supra is:
A reference to material previously cited in full in the same document
Of the following, which statement is most likely to be excluded from use as evidence against the speaker in a criminal prosecution?
A response given while in custody but before a Miranda warning has been given
Sovereign immunity would most likely apply to which of the following:
A suit against a public official for a discretionary act
In a mediation:
A third party leads the parties and their lawyers through a discussion intended to result in a voluntary agreement
Under the Americans with Disabilities Act an employee must make the following accommodations for employees with serious disabilities if they can perform the essential functions of the job:
Accommodations that do not create an undue hardship on the employer's business
The following is the most accurate statement of a federal agency's authority to accept or reject a public petition for rulemaking:
Agencies have broad discretion and judicial review is extremely limited and highly deferential
The following is required for someone to be convicted of conspiracy:
Agreement to commit a crime
Shepard's would tell the researcher if:
All of the above
The federal branch conflict of interest prohibitions apply to matters involving:
All of the above
Which of the following circumstances can result in delayed or unsuccessful collection of a judgment?
All of the above
Which of the following could be the basis for a claim to an employment contract?
All of the above
Which of the following fairly characterizes legal research?
All of the above
Which of the following is a commonly identified benefit of participating in mediation?
All of the above
The restrictions on federal executive officials and employees:
Allow certain small gifts and acceptance of certain kinds of meals, refreshment, and entertainment
Which of the following is not a characteristic that would be associated with a lawyer who is a trusted advisor as described by Maister, Green, and Galford?
An aim at specific outcomes or rewards
The following statement by a public employee is least likely to be constitutionally protected free speech:
An employee in a register of deeds office who complains at a public meeting about the high county tax rate
A federal administrative law judge is:
An employee of the agency with quasi-judicial authority similar to that of a judge
What has the U.S. Supreme Court required with respect to delegations by Congress of authority to federal agencies?
An intelligible principle for direction in the exercise of delegated authority
In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., the U.S. Supreme Court held that:
An unclear legislative directive does not empower the courts to impose their own interpretation
A lawyer's authority that is based on an impression given by the client but was not actually given by the client to the lawyer is known as:
Apparent authority
Sentencing guidelines:
Are considered advisory in the federal system and vary within the state systems
Based on the U.S. Supreme Court's opinions, the warrant requirement of the Fourth Amendment applies to:
Areas in which a reasonable expectation of privacy might otherwise exist
In an A.L.R. you would find:
Articles that summarize and organize federal and state law on particular topics
The Federal Tort Claims Act:
Authorizes suits for injury caused by a negligent act of a federal employee acting within the scope of employment
Local government ethics rules tend to:
Be more general and aspirational than at the federal or state level of government
Under the lawyers' rules of professional conduct what is the extent of a lawyer's authority to make decisions for a client?
Clients make fundamental decisions about the objectives of representation and lawyers may make decisions about the means for pursuing their clients' objectives
C.F.R. stands for:
Code of Federal Regulations
The compilation of all federal rules currently in effect is:
Code of Federal Regulations
Medical expenses for injuries suffered as a result of someone else's negligence would be considered what kind of damages?
Compensatory
What defines crimes under federal law?
Criminal law statutes
Leading questions are routinely allowed for:
Cross examination of the opposing party's witnesses
The "doctrine of exhaustion of remedies" requires that a court:
Decline to hear an appeal from an agency decision until the administrative review process has been completed unless one of the few exceptions apply
In which of the following matters would a fee that is contingent on success in a matter probably violate the lawyer's rules of professional conduct?
Divorce
The insanity defense rule that asks "whether the unlawful act was the product of mental disease or mental defect" is known as the:
Durham Rule
The federal law that governs private industry employer pension and health benefit plans is:
ERISA
According to the "American Rule" for lawyers' fees:
Each party bears their own lawyers' fees unless a narrow exception applies
The following is the most accurate description of a public employer's legal right to consider political affiliation in hiring and termination decisions:
It may be considered if the employee's political beliefs with interfere with discharge of public duties in a policymaking or confidential position
Which of the following is the most accurate description of the Double Jeopardy Clause's application?
It prohibits retrial for the same crime by the same jurisdiction after an acquittal
To what ethics laws are judges subject?
Judicial codes of ethics
The resource that collects and topically arranges summaries of how various courts address particular issues is:
Law digests
Which of the following is the most accurate statement of how the lawyers' rules of professional conduct address communications with an opposing party known to be represented by a lawyer?
Lawyers may not do so without the opposing lawyer's consent
Under the usual state whistleblower law a public employee:
May be reinstated if terminated for pursuing a legally protected right
An elected public official who improperly applies public property to personal use:
May be subject to criminal prosecution for embezzlement
An employee who is "at will":
May be terminated for good cause or no cause, but not for an illegal cause
Executive orders:
May give direction to agencies about executing congressional policy in a manner prescribed by Congress
A lawyer who represented the government in a particular matter:
May not represent private clients in the same matter if the lawyer was directly involved in behalf of the government
A series of publications that provide a means of checking cases, statutes, and other authority for subsequent and related authority is:
Shepard's
The crime that is based on an attempt to get someone else to commit a crime is:
Solicitation
Which of the following is the most accurate description of the right of state public employees to be members of a union?
Some state laws prohibit their public employees from being represented by unions and others recognize limited rights
The following is the most accurate statement of the U.S. Supreme Court's holding regarding a public employee's rights to continued employment based on a statute or policy:
Such rights may be a constitutionally protected property interest to which some due process protections apply
Someone effectively withdraws from further responsibility for a conspiracy by:
Taking affirmative steps inconsistent with further participation
The following would most likely not be recognized the following circumstances as subject to the "public policy" exception to an employer's right of termination:
Termination based on an employee's refusal to work overtime
The most commonly used guide to legal citation within the legal community is:
The Bluebook, a Uniform System of Citation
A federal regulation that has just been issued is most likely to appear in:
The Federal Register
Which of the following most accurately describes how state code complications are identified with an abbreviation within the jurisdictions in which they govern:
The form varies from jurisdiction to jurisdiction
A full citation to a U.S. court of appeals case will include:
The identity of the particular court of appeals circuit
Which of the following is the most accurate description of the standing requirement for associations to be able challenge an agency decision?
The individuals who are members must satisfy the standing requirements, the interests affected by the action must be germane to the association's purpose, and there must be no legal requirement that the individuals participate directly
A negligent act is considered to be the legal cause of an injury if
The injury is a foreseeable consequence of the negligent act
Which of the following is the most accurate statement regarding conflict of interest laws that apply to state agencies?
The laws and guidelines vary and should be reviewed
A lawyer is licensed to give advice in a specialty area, such as real estate law, only if:
The lawyer is licensed to practice law within the jurisdiction
When under an automobile insurance policy an insurer assigns a lawyer to defend the policy holder against another party's claim for injuries in an accident, what are the lawyer's duties if the insured policy holder admits fault to the lawyer but asks the lawyer to keep it secret?
The lawyer must treat the disclosure subject to the rules that apply to the lawyer-client privilege of confidentiality with the policy holder as the client
What did the U.S. Supreme Court decide in Alyeska Pipeline Service Co. v. Wilderness Society regarding the "private attorney general" rule for lawyers' fees?
The legislature and not the court should decide when it applies
In Smith v. Lampe the car honking was held not to be a legal cause of the barge grounding because
The man honking the horn could not have reasonably anticipated that the honking would be interpreted as a directional signal
In Biakanja v. Irving the notary was held to be liable for problems with a will because:
The notary undertook and breached a duty to prevent foreseeable harm to others by preparing a will without knowing the legal requirements
Under the Model Penal Code a "reckless" state of mind involves:
The offender's conscious disregard of a substantial risk of the result
Which of the following is the most accurate description of the likely result of a public official's disclosure of connections to a matter under consideration before voting on it as illustrated in Van Itallie v. Franklin Lakes:
The official's actions are more likely to be considered in good faith because the public has the opportunity to be alert to signs of favoritism
An individual has standing to challenge an agency decision in federal court if:
The person has suffered an injury in fact that is concrete and particularized and actual or imminent, the injury is connected to the action being challenged, and the injury likely will be redressed by a favorable decision
Which of the following is the most accurate description of how the lawyer-client confidentiality privilege applies to communications between lawyers and their government clients?
The privilege generally applies but the public records and meetings laws may require disclosures not required outside a government context
Which of the following is the most accurate description of the usual process for collecting judgment after a successful trial outcome?
The process is uncertain and expensive and collection often can be delayed pending appeal
Which of the following is the most accurate statement of prohibitions against an agreement between a government entity and a lawyer for the lawyer to charge a lower fee than is charged to clients that are notgovernment entities?
There is no prohibition
Which of the following is the most accurate statement regarding the application of the conflict of interest laws?
They apply to discretionary acts but not usually to ministerial acts especially at the local government level
Which of the following is the most accurate description of the judges' views in Dondi Properties Corp. v. Commerce Savings & Loan Ass'n about how lawyers tend to conduct litigation?
They too often engage in aggressive tactics that are unrelated to the merits of the cases and wastes the parties and courts' resources
What standards do courts apply in reviewing an agency's construction of the statute by which it acquired authority?
They uphold an agency's reasonable and defensible constructions
A lawyer who appears in court for a client asking for a court order, when the opposing party is not present or represented, and who knows of controlling authority against the lawyer's client's position, has the following professional obligation:
To disclose the controlling authority to the court
Financial disclosure laws typically apply:
To public officials with significant responsibility
In states that recognize an "attorney's lien," what right does the lien give an attorney?
To retain possession of the client's papers, money, and property held in the course of representation as security for payment of the fees
The following is an unofficial publication containing the U.S. statutes with annotations:
U.S.C.A.
The Fourth Amendment prohibits
Unreasonable searches and seizures
In Bring v. North Carolina State Bar the North Carolina Supreme Court:
Upheld the Bar's refusal to allow Bring to take the bar exam because the court deemed the Bar to have acted within its properly delegated authority to make bar admissions rules
In Papachristou v. City of Jacksonville the U.S. Supreme Court held that:
Vagrancy statutes are unconstitutional when they make criminal activities that by modern standards are normally innocent
The following is not a federal tax obligation that applies to most employees:
Value added
State ethics laws:
Vary in their application but usually apply to state public officials and some public employees
The act for which the mayor was held criminally responsible in People v. Howard was:
Violating a constitutional prohibition against use of public funds for personal purposes
When are experts used in litigation?
When scientific, technical, or other specialized knowledge will help the judge or jury understand the evidence
Miranda warnings are required:
Whenever a suspect is subjected to custodial interrogation
Under the Model Penal Code a "purposeful" state of mind involves?
Wrongful conduct that is consciously intended
A statute that allows recovery for a negligence claim for family support that a deceased would have provided and would have been expected to continue is called:
Wrongful death statute
Which of the following is the most accurate description of a client's right to compensation in connection with a lawyer's violation of a rule of professional conduct for lawyers?
he rules do not determine liability - the client's rights are based on other laws including the laws of negligence