Exam 8: Law and Legal Professionals

The ABA's rules prohibit attorneys from using ___________________, which are non-attorneys who follow up on accidents in order to obtain clients.

The conflict paradigm reflects the idea that

A ________________ refers to the process of organizing knowledge; a way of seeing the world.

The dictator of a small country has been removed and a new government is forming. Among the first task for the new country is the creation of the country's laws. The country's main industries are tourism and petroleum. A group representing the hospitality industry is participating in the law review process, as are groups representing the oil companies and military. The result of the process is that new laws allow the country's hotels to add casinos (but only to be patronized by foreign visitors). Other new laws remove workplace restrictions for the oil companies and impose a requirement for all able-bodies males to serve in the military for two years. This scenario describes:

You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, and the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon. Your client tells you that he has a friend that you can call as a witness. Even though this friend was not actually present at the incident, he is willing to claim that he saw the altercation and will testify that the defendant acted in self-defense, and without a weapon. You refuse to call a witness that you know will not tell the truth. This action would indicate your view that you are serving as your client's:

Law can be seen as a tool of behavior change.

The belief that loyalty to one's client surpasses individual and private morality is characteristic of:

Positivist law refers to law made by human beings.

You are a public defender who meets clients every day who you know are guilty. Nevertheless, you are mandated to defend them. Doing your job well might mean putting a criminal on the street. Discuss this and other kinds of ethical decisions you have to make on a daily basis, and how you can maintain a consistent code of ethics in this difficult situation.

The model of justice in which the largest portion of criminal cases forms the bottom layers and the few serious cases form the top layer is called:

In ________________ the Supreme Court held that the Sixth Amendment guarantees that indigent criminal defendants receive legal representation.

The idea that most people have similar beliefs, values, and goals and that societal laws reflect the majority view is called the ________________ paradigm.

The dictator of a small country has been removed and a new government is forming. Among the first task for the new country is the creation of the country's laws. Instead of the above scenario, the new leadership re-writes the rules so that the ethnic minorities in the country no longer have the right to vote. They also remove any restrictions against discriminatory practices, which will allow employers and landlords to refuse jobs and housing to members of minorities. This scenario describes:

You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, and the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon. Despite your client's insistence that he is innocent, you urge him to accept a plea bargain. You are motivated largely by a desire to dispose of the case as quickly and efficiently as possible. Your actions embody the notion of:

In Shaffer and Cochran's typology, what type of lawyer engages the client in moral dialogue and tries to convince the client of a moral action and only refuses if the client insists?

According to a 2016 Gallup Poll measuring trust, which of the following were rated by those questioned to have the highest standards of honesty and ethics?

Discuss the criminalization of poverty and legal responses to it.

The courtroom is often dramatized in popular culture as an epic battle between the prosecution and the defense. As an attorney, you know that this isn't true. Clients come and go, but your relationship with your colleagues includes prosecutors and judges. Nevertheless, you have to present to your clients the sense that you have their best interests in mind. Describe to a potential, but skeptical client the ethical problems, which arise from these interactions, and how bureaucratic justice does not necessarily mean the practice of criminal law is a confidence game.

In Shaffer and Cochran's typology, what type of lawyer controls the client with his own moral compass?

Describe and discuss the various types of ethical guidelines for judges.