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Regulation and Ethics in Law: A New York Perspective, Quizzes of World History

Definitions and explanations of key terms related to the regulation and ethics of the legal profession in new york. Topics covered include the appellate division, codes of professional conduct, critical values of the rules of ethics, and sanctions for violations. Additionally, the document touches upon tort law, criminal law, and procedural rules.

Typology: Quizzes

2009/2010

Uploaded on 05/10/2010

annaulivieri
annaulivieri 🇺🇸

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TERM 1
Who regulates the practice of law?
DEFINITION 1
The Appellate Division
TERM 2
What three rules/codes regulate ethics in
law?
DEFINITION 2
1. 1969 Code of Professional Responsibility 2. 1972 Model
Rules of Professional Conduct 3. 2009 Rules of Professional
Conduct (NY State)
TERM 3
What are the critical values of the rules of
ethics that govern the legal profession (9)?
DEFINITION 3
1. Competence 2. Making Legal Services Available to All 3.
An Authorized Practice of Law 4. Confidential Information 5.
Independent Judgment 6. Complete Representation 7.
Zealous Representation 8. Improving the Legal System 9.
Avoiding Impropriety
TERM 4
1.
Competence
DEFINITION 4
A lawyer may not handle and case he is not capable or
specialized to handle.
TERM 5
2. Making Legal Services Available to
All
DEFINITION 5
Must provide legal representation to people who cannon pay
(pro bono).
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Who regulates the practice of law?

The Appellate Division

TERM 2

What three rules/codes regulate ethics in

law?

DEFINITION 2

1. 1969 Code of Professional Responsibility 2. 1972 Model

Rules of Professional Conduct 3. 2009 Rules of Professional

Conduct (NY State)

TERM 3

What are the critical values of the rules of

ethics that govern the legal profession (9)?

DEFINITION 3

1. Competence 2. Making Legal Services Available to All 3.

An Authorized Practice of Law 4. Confidential Information 5.

Independent Judgment 6. Complete Representation 7.

Zealous Representation 8. Improving the Legal System 9.

Avoiding Impropriety

TERM 4

Competence

DEFINITION 4

A lawyer may not handle and case he is not capable or

specialized to handle.

TERM 5

2. Making Legal Services Available to

All

DEFINITION 5

Must provide legal representation to people who cannon pay

(pro bono).

3. An Authorized Practice of Law

Avoid UPL (Unauthorized Practice of Law). Cannot be an

intern, apprentice, or a student and attempt to enact the

duties of a lawyer.

TERM 7

4. Confidential Information

DEFINITION 7

Cannot give information to the police. Cannot profit from

information. Cannot create scandal.

TERM 8

5. Independent Judgment

DEFINITION 8

Cannot be influenced in formulating opinion or advice. Must

avoid a conflict of interest.

TERM 9

6. Complete Representation

DEFINITION 9

Must perform ALL the duties of a lawyer; must inform client if

there is work remaining for yourself or them to do.

TERM 10

7. Zealous Representation

DEFINITION 10

Must do everything you can to improve your clients situation.

What is the Penal Law?

In NY state it is the statute concerning the criminal law of

substance.

TERM 17

Where are the procedural rules in a case

contained?

DEFINITION 17

CPL - The Criminal Procedural Law

TERM 18

Misdemeanor

DEFINITION 18

A "lesser" criminal act which is not punished by any more

than one year.

TERM 19

Felony

DEFINITION 19

A "serious" criminal act which is punished by at least one

year. Is ranked in severity from class A-E, with A being most

severe.

TERM 20

Violation

DEFINITION 20

Any other type of wrongful conduct; not a category of crime.

What two things are necessary for something

to be considered a crime?

1. It must be a voluntary act. 2. Must be done in proper state

of mind.

TERM 22

What are the four states of mind in NY?

DEFINITION 22

1. Intentional 2. Knowing 3. Reckless 4. Negligent Judge has to

explain to the jury the intrinsic facts of requirement for voluntary

act Not guilty by means of insanity: must be incapable of

discerning between right and wrong due to mental disease or

effect A non-human person cannot always commit a crime

(corporation/partnership/etc. considered persons) Not guilty by

means of intoxication (also means drugs)

TERM 23

Required age for culpability?

DEFINITION 23

Infants (at least 16 ex. >13) to be charged as an adult with

murder. Infants (>14) to be charged with other serious

felonies.

TERM 24

What are the three forms of killing?

DEFINITION 24

1. Murder 2. Manslaughter 3. Criminally Negligent Homocide

TERM 25

What are the different types of theft grouped

under?

DEFINITION 25

Larceny

Assault and Battery

Assault is the fear of battery. Battery is the physical action.

TERM 32

False imprisonment

DEFINITION 32

Being confined to a closed space against one's will.

TERM 33

What is the goal of tort law?

DEFINITION 33

To return the victim to the state they were before the

incident.

TERM 34

Strict liability

DEFINITION 34

An action which, by its nature is abnormally dangerous.

Negligence is unnecessary.

TERM 35

Contract Law

DEFINITION 35

Law which addresses contractual civil wrongdoings.

Agreement (Contract)

An offer, then the acceptance of the offer in the original

terms.

TERM 37

Consideration (Contract)

DEFINITION 37

An exchange of "values".

TERM 38

Competence of parties (Contract)

DEFINITION 38

Cannot be minors or mentally incompetent.

TERM 39

Lawful purpose (Contract)

DEFINITION 39

There must be a legal agreement.

TERM 40

Form

DEFINITION 40

Can by written or verbal, although some must be written

(goods of over $500, takes longer than 1 year to complete;

land (real property). Promise to marry - statute of frauds