A lawyer may be disbarred for committing an act involving moral turpitude.

Question 1 A lawyer may be disbarred for committing an act involving moral turpitude.

 

Question options:

 

                True

 

                False

 

Question 2 As long as the court has personal jurisdiction over the defendant the action may proceed against the defendant even though the court lacks subject matter jurisdiction.

 

Question options:

 

                True

 

                False

 

Question 3 A statement not made under oath cannot be used to impeach the witness if the witness changes his or her version of the facts.

 

Question options:

 

                True

 

                False

 

Question 4 An appellate court will not “second guess” the trial court’s resolution of disputed fact issues if there is some evidence to support the trial court’s conclusion.

 

Question options:

 

                True

 

                False

 

Question 5 It is not necessary to have a witness sign a transcription of a stenographic statement since witnesses are always under oath to tell the truth.

 

Question options:

 

                True

 

                False

 

Question 6 During an interview, an investigator may need to provide a witness with an overview of the known facts in the case.

 

Question options:

 

                True

 

                False

 

Question 7 A judgment obtained in one jurisdiction cannot be enforced in another jurisdiction.

 

Question options:

 

                True

 

                False

 

Question 8 Which Rule under the Federal Rules of Civil Procedure governs summary judgment?

 

Question options:

 

Rule 26

 

Rule 33

 

Rule 34

 

Rule 56

 

Question 9 There may be instances when an investigator may choose not to identify the client for whom the investigation is being conducted.

 

Question options:

 

                True

 

                False

 

Question 10 While a paralegal may inform the witness that the witness’s recollections do not agree with the physical facts, a paralegal cannot try to get the witness to change his or her version by reasoning with the witness and showing the witness the essential factors that indicate the witness is mistaken.

 

Question options:

 

                True

 

                False

 

Question 11 A foreign corporation will not necessarily be subject to personal jurisdiction:

 

Question options:

 

in the state to which the plaintiff moves after the injury, unless the corporation happens to do business in the state to which the plaintiff moved.

 

in states in which it conducts its business at the time of service.

 

in states in which its activities or products have caused an injury.

 

in the state where it has its principal place of business.

 

Question 12 State legislatures may change the structure and functions of state courts through legislation.

 

Question options:

 

                True

 

                False

 

Question 13 A lawyer owes his or her highest duty to the client.

 

Question options:

 

                True

 

                False

 

Question 14 Who does not have to provide a reason for terminating the lawyer-client relationship?

 

Question options:

 

the lawyer

 

the client

 

the judge

 

none of the above

 

Question 15 A photograph taken of physical damage to a car that was in an accident cannot be used as evidence if the photograph was taken long after the accident.

 

Question options:

 

                True

 

                False

 

Question 16 Federal and state statutes prescribe the jurisdiction of their own courts in terms of:

 

Question options:

 

the kinds of cases the courts may handle.

 

whose cases they may decide.

 

the geographical areas in which the courts may operate.

 

types and amounts of awards they may make.

 

all of the above.

 

Question 17 A paralegal is entitled to do all those things a lawyer may do as long as:

 

Question options:

 

the paralegal is working under the supervision of a lawyer.

 

the paralegal takes full responsibility for his or her actions.

 

the paralegal is certified.

 

the paralegal is working under the supervision of a lawyer and is certified.

 

none of the above.

 

Question 18 Since criminal penalties seem to be inadequate to deter crime, civil litigation is now principally concerned with penalizing the wrongdoer.

 

Question options:

 

                True

 

                False

 

Question 19 The absence of personal jurisdiction is an affirmative defense that may be waived either intentionally or inadvertently.

 

Question options:

 

                True

 

                False

 

Question 20 If a plaintiff inadvertently omits a claim of, for example, negligence from a complaint (and the action is tried to a conclusion), the plaintiff may file another suit so that he or she can rightfully assert that claim.

 

Question options:

 

                True

 

                False

 

Question 21 To directly challenge the court’s jurisdiction over his or her person, the defendant must:

 

Question options:

 

raise the issue in the answer.

 

raise the issue by motion.

 

personally appear in court to make the challenge.

 

raise the issue in the answer or raise the issue by motion.

 

all of the above.

 

Question 22 A court cannot enter a binding judgment against the parties unless it has jurisdiction in three areas:

 

Question options:

 

the damages, the cause of action, and the geographical territory.

 

the parties, the geographical territory, and the subject matter.

 

the geographical territory, the cause of action, and the remedy.

 

the cause of action, the subject matter, and the parties.

 

Question 23 In determining whether there is a diversity of citizenship between the plaintiff and defendant so that the case may be litigated in a federal district court, the court looks to the parties’ citizenship at the time of the occurrence (accident) that gave rise to the action.

 

Question options:

 

                True

 

                False

 

Question 24 A witness may use his or her statement to refresh his or her own recollection when preparing for trial.

 

Question options:

 

                True

 

                False

 

Question 25 A lawyer may not withdraw from a pending case if the withdrawal would prejudice the client’s legal interests and burden the court.

 

Question options:

 

                True

 

                False

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