Pre 1900s
Admission after previous criminal behaviour
Admission after previous improper conduct in the curial process
Admission after previous improper conduct in the course of a profession or employment
Questions relating to the seminar
100
The court ruled that fraudulent misappropriation on that scale "suggests present unsuitability to practise in a profession in which absolute trust must be of the essence". Therefore, he was not admitted (Thomas v Legal Practitioners Admission Board).
The applicant had committed 9 offences over a three-month period involving the misappropriation of a total of $8,640 of his employer's money. Was he admitted?
100
Ethics
What was the seminar about?
200
TRUE - Roots, "When Lawyers Were Serial Killers: Nineteenth Century Visions of Good Moral Character" (2001) 22 Northern Illinois UL Rev 19 at 22-32.
In America, the requirement of "good fame and character" did not prevent the admission of persons with convictions for serious offences, including murder. TRUE or FALSE?
200
The New Zealand High Court allowed the application for admission as a result of the applicant's reformed character, in view of the intervening period of positive behavious (Re Owen).
The applicant had been convicted of numerous offences, including burglary. 10 years later, he completed his law degree and sought admission. What would the court take into consideration? Was he admitted?
200
The Legal Profession Act 2007 and the Australian Solicitors' Conduct Rules 2012
What governs ethics?
300
His honour, Gillard J stated that this placed a heavy burden on the applicant to pursuade the court of good character, which he was not able to by evidence of rehabilitation. His honour said that it would take "many years of blameless conduct" before one could have any confidence that the applicant has "turned over a new leaf... to pursue a blameless and honest career (Frugtniet v Board of Examiners).
The applicant had over a period of 25 years, been charged or convicted with litany of offences relating to theft, perjury, and fraud. What would you need to consider? Was he admitted?
300
Because the applicant persisted to argue that she was victimised rather than displaying contrition, his honour refused her admission (Jackson (previously known as Subramaniam) v Legal Practitioners Admission Board).
The applicant had a decade earlier knowingly made a false statutory declaration and knowingly given false evidence in related proceedings but was not convicted. She argued that she was victimised. Did his honour take this into consideration and was she admitted?
300
FALSE - If the improprieties highlight crucial aspects of the applicant's character.
Improprieties in the course of practising in another profession are not taken into consideration when determining whether a person's character is fit to practice law. TRUE or FALSE?
300
Teleologists - believe that consequences of an action dictate the rightness of this action and Deontologists - focus strictly on the actions without considering the consequences
Name the 2 major approaches/theories used to deal with ethical dilemmas and what they focus on.
400
The main impediment to admission was GENDER, on the grounds that the "natural and proper timidity and delicacy which belongs to females evidently unfits it for many of the occupations of civil life (Bradwell v Illinois).
What was the main impediment to admission?
400
The applicant committing academic misconduct recently
What was more relevant, the applicant being convicted of the serious offence of stealing 10 years ago or the applicant committing academic misconduct recently?
400
1. Recognize an Ethical Issue 2. Get the Facts (identify issues) 3. Evaluate Alternative Actions 4. Make a Decision and Test It 5. Act and Reflect on the Outcome
List the 5 steps in the "Framework for Ethical Decision Making".
500
No. Even supposedly minor convictions can preclude admission if they evince dishonesty.
The applicant had convictions on 5 counts of breaching the Criminal Code Act 1995 (Cth) as a result of 2 years of Austudy benefits while failing to declare his employment earnings to Centrelink. Was he granted admission?
500
A person needs to possess good fame and reputation and needs to be a fit and proper person to be admitted in law.
A person needs to possess .... .... ... .......... and needs to be a ... and ...... person to be admitted in law.
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