Exam (elaborations)
BARBRI - MPRE EXAM QUESTIONS AND ANSWERS
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BARBRI - MPRE EXAM QUESTIONS AND ANSWERS
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BARBRI - MPREEXAM QUESTIONS
AND ANSWERS
Regulation of the Legal Profession: American Bar Association - Answers- No
disciplinary authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules - Answers- ABA Model Rules of
Professional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
Displine for Violation of "Must" Rules - Answers- 1. Reproval
2. Suspension
3. Disbarment
Reproval - Answers- Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension - Answers- Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment - Answers- Permenant punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question) - Answers- The lawyer
MUST....
The lawyer MUST NOT...
Is the lawyer subject to DISCIPLINE...
, Regulation of the Legal Profession: "Should" Rules - Answers- 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) - Answers- 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 - Answers- "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 - Answers- Bad thing
We do not want
Good Moral Character - Answers- Good Thing
State Law and Professional Responsibility - Answers- State laws supplement the ABA
Model Rules of professional conduct
Moral Terpitude - Answers- Bad thing
We do not want it
Good Moral Character - Answers- Good thing
State Requirments for admission to the Bar - Answers- Supreme Court says they must
be RATIONALLY RELATED to the practice of law
Admission to the Bar: Rationally Related - Answers- a) graduate from ABA accredited
law school, and
b) take an oath to upohold the constitution
(US citizenship and resident of the state are NOT rationally related)
Requirements on Person Applying to the Bar - Answers- 1. Truth and fair disclosure -
provide in regard to Bar exam application
2. Duty to Cooperate - must cooperate, respond, etc. during the application process
Requirement od Lawyers who are already admitted regarding Bar applicants -
Answers- 1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of the applicant
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