Exam (elaborations)
BARBRI - MPRE EXAM QUESTIONS AND ANSWERS WITH SOLUTIONS 2024
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BARBRI - MPRE EXAM QUESTIONS AND ANSWERS WITH SOLUTIONS 2024
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BARBRI - MPRE EXAM QUESTIONS ANDANSWERS WITH SOLUTIONS 2024
Regulation of the Legal Profession: American Bar Association - ANSWER No disciplinary authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules - ANSWER ABA Model Rules of Professional Conduct
(1983)
Mandatory Rules
Violations are subject to Discipline
Displine for Violation of "Must" Rules - ANSWER 1. Reproval
2. Suspension
3. Disbarment
Reproval - ANSWER Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension - ANSWER Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment - ANSWER Permenant punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question) - ANSWER The lawyer MUST....
The lawyer MUST NOT...
Is the lawyer subject to DISCIPLINE...
, Regulation of the Legal Profession: "Should" Rules - ANSWER Advisory, Aspirational, Ethical
Considerations
No repurcussions for failure to follow or adhere
Merely ethical considerations
"Should be involved in..."
Types of MPRE "Should" Questions (The "Call" of the Question) - ANSWER It would not be PROPER...
Which of the following is PROPER...
Which MAY the lawyer do...
Which SHOULD the lawyer do...
Regulation of the Legal Profession is a ________ Excercise - ANSWER "Judicial" --- Therefore the State
Supreme Court is the ultimate authority (within the context of the Federal System) with the power to
regulate attorneys, admit them to the practice, and discipline them.
Moral Turpitude - ANSWER Bad thing
We do not want
Good Moral Character - ANSWER Good Thing
State Law and Professional Responsibility - ANSWER State laws supplement the ABA Model Rules of
professional conduct
Moral Terpitude - ANSWER Bad thing
We do not want it
Good Moral Character - ANSWER Good thing
State Requirments for admission to the Bar - ANSWER Supreme Court says they must be RATIONALLY
RELATED to the practice of law
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