Reference no: EM133310661
True/False
1. Legal ethics are the minimum accepted standards of conduct in the legal profession.
2. An implied attorney-client relationship exists when a prospective client divulges confidential information even if they do not retain the attorney
3. Documents prepared by the attorney in representation of a client are discoverable
4. Paralegals may hold themselves out as an attorney as long as it is under the attorneys supervision
5. Almost all legal practices are general practice firms, almost no attorneys specialize
6. Pro-Bono is working on behalf of clients who could not afford assistance, and no fees are charged
7. Lawyer's will always conduct their own investigation to insure it is done properly
8. Common law are statutory enactments of the legislature
9. Executive orders must be approved by the senate
10. The function of the executive branch is to enforce the law
11. The clause in the Constitution that grants Congress the power to "regulate commerce" among the states is the supremacy clause
12. All speech is fully protected by the First Amendment
13. Freedom from governmental intervention in religion is absolute, and no laws relating to religious freedom can be Constitutional
14. Contracts may contain a " forum selection clause" that designates a court where all disputes under the contract will be heard
15. Provision in a contract that have a clause that designates a certain state's or country's laws will be applied to all disputes are not valid
16. Mandatory arbitration clauses in a contract are not valid
17. Arbitration is always binding on the parties
18. Mediators will issue written determinations at the conclusion of the matter identifying the party that has won
19. If there is a tie vote in the U. S. Supreme Court the case is not precedent
20. A concurring opinion is when a justice disagrees with the outcome of the case
21. In a notice pleading state you must plead all of the facts and elements of the claim
22. purpose of Rule 11 in a civil case is to deter baseless, and frivolous actions
23. Filing fees are required in all civil cases and may never be waived
24. A matter cannot be both civil and criminal in nature
25. All states now have integrated bar associations
26. Every state now requires that paralegals must be certified
27. Federal courts require code pleading
28. The sole purpose of bail is to punish a wrongdoer
29. The grand jury hears evidence from both the prosecution and defense
30. It is the function of the grand jury to find one guilty as charged
31. The most serious crime in Minnesota is a gross misdemeanor/
32. All crimes require criminal intent
33. Search warrants will issue when there is a "reasonable basis", probable cause need not be established
34. Statutes are "secondary sources" of the law
35. Every state and the federal Rules allow the same number of interrogatories
36. Every state still publishes their own state official case reporter
37. Unauthorized practice of law cases are prosecuted by the Attorney General
38. A party who acts on behalf of another is the principal
39. A party who employs another to act on his behalf is an agent
40. Privilege and confidentiality are the same
41. Lawyers may never disclose confidential information, there are no exceptions
42. A lawyer MAY NEVER take a case they have no prior experience in handling
43. Administrative agencies are not permitted to regulate business or industry
44. The federal government has administrative agencies, states do not
45. Administrative Law Judges can only decide questions of fact
46. The Code of Federal Regulations are statutes created by Congress
47. The Freedom of Information Act grants the public the right to have access and possession of documents in possession of administrative agencies without exception
48. The majority view adopted by the Palsgraf case is you owe a duty to everyone injured even those who are not foreseeable.