Jeopardy!

Misc. Professional Resp.

100

In class one we discussed that an attorney is a client's __________ and ___________.

What is Agent and Fiduciary

200

Professional duties depend on the existence of attorney client relationship. If there is a relationship, lawyers owe at least these four duties:

What is competence, confidentiality, communication, and conflict free representation.

300

Whether there is an ongoing attorney-client relationship turns largely on the client's __________ understanding of whether such a relationship exists, provided that the __________belief is reasonable under all the circumstances.

What is subjective

400

How many CLE hours are required for a licensed attorney each year?l

What is 12hrs.

500

An attorney client relationship may be formed through a client's reasonable belief. What are a few factors a court will considers when determining whether a client's belief is reasonable.

What is the sophistication of the client, the attorney's expertise, whether advice was rendered, where the meeting took place, whether fees were exchanged, whether a conflict check was performed, and whether the attorney had a previous relationship with the client.

MRPC 7.1 -7.5

100

The rules prohibiting solicitation are this type of measure.

What is Prophylactic. (They are meant to prevent harm before it occurs)

200

Advertising refers to:

What is non-targeted, mass-media communications that reach a broad audience in an impersonal manner.

300

What concerns about advertising did the Arizona Supreme court enunciate in Bates

What is (1) whether advertising would have an adverse effect on professionalism and encourage commercialization of the profession; (2) whether advertising is inherently misleading; (3) whether advertising would stir up litigation; (4) whether it would increase the cost of legal services; (5) whether it would encourage shoddy work; and (6) whether it was too difficult to monitor against abuse.

400

The Court in Bates made an analogy to another case when determining whether Arizona's restriction violated the 1st Amendment. What was the case they analogized?

What is the Virginia Pharmacy Board v. Virginia Consumer Council.

500

What are the substantive evils of solicitation?

What is stirring up litigation, assertion of fraudulent claims, debasing the legal profession, and potential harm to the solicited client in the form of overreaching, overcharging, underrepresented, and misrepresentation.

Duty & Breach

100

In order for a statute to establish the standard of care it must meet two requirements.

What is 1) the statute was designed to protect persons like the plaintiff from 2) the type of harm which actually occurred.

200

The (narrow view) of duty to conform to a standard of care of the Plaintiff was promoted by this judge and the opposite view where duty is viewed as duty to the public was promoted by this judge.

What is Cardozo’s view of duty vs. Andrews’ view?

300

What term refers to one person’s failure to exercise the degree of care a reasonable person would exercise in the same situation?

Breach of Duty

400

When litigating a defendant's negligence, what is one thing that either side may point to in order to show that a certain activity is habitually carried out in a trade or community?

What is custom. Explanation: The plaintiff may try to show that the defendant did not follow the safety-motivated custom that others in the same business follow, or the defendant may try to show that he exercised due care by using the same procedures as everyone else in the trade.

500

Children are held to this standard of care

What is a subjective standard—reasonable child of same age, intelligence, maturity, training as defendant in the same circumstances except where activities are considered inherently dangerous?

Causation

100

D, a taxicab driver, negligently strikes P, an alcoholic, with his cab. The accident hastens the development of delirium tremens, a condition which only occurs in alcoholics, and P dies from it. The D is liable because of this doctrine.

What is the egg-shell skull doctrine. Explanation: Even through the delirium tremens probably would have resulted in P's death at a later time had D not injured P, D is nonetheless liable, since he negligently aggravated P's condition. This rule is sometimes expressed by saying that the defendant "takes his plaintiff as he finds him." Since the initial physical injury in these "thin skull" cases was foreseeable, the holding that the D is liable for the far-reaching physical consequences might be explained as simply a refusal by the courts to divide an essentially indivisible physical injury into foreseeable and unforeseeable components.

200

The requirement of "proximate cause" usually means that the injury must have been at least a reasonably _________________ result of the defendant's negligence.

What is foreseeable

300

P must first show that the D's conduct was the __________ of the injury.

What is the cause in fact.

400

In the vast majority of situations, the defendant's conduct is the (or a) cause of the plaintiff's injuries if it can be said that "had the defendant not so conducted herself, the plaintiff's injuries would not have resulted." This formulation is known as the ___________ test.

What is the "sine qua non" or "but for" test. Explanation: The 3rd Restatement implements the idea of a "but for" cause. After saying that liability will exist only where the defendant's tortious conduct was a "factual cause" of the plaintiff's injury, the Restatement goes on to express the idea that a "but for" cause is always a factual cause. Conduct is a factual cause of harm when the harm would not have occurred absent the conduct.

500

P takes her prescription medication to D, her local pharmacy. D mistakenly fills the prescription by giving P pills containing 30mg of the active ingredient rather than 20mg called for by the prescription. After taking the pills, P suffers serious heart arrhythmia, and sues D for this harm. P can recover only if she proves:

What is only if she proves that had D provided the correct, 20 mg pulls, P would not have suffered the arrhythmia. In other words, for P to recover, the trier of fact must be satisfied that the wrong pills were the "but for" cause of P's arrhythmia.

Summary Judgment

100

In considering the summary judgment record, the court should draw all reasonable inferences in the favor of this party.

What is the non-moving party?

200

The primary difference between a motion for summary judgment and this kind of motion is the record on which the court will base its decision. In a motion for summary judgment, the court will base its decision on the discovery products plus affidavits. In this kind of motion, the court will base its decision on live testimony, documents, and other physical evidence.

What is a motion for judgment as a matter of law at the close of all evidence?

300

Plaintiff files an action against Defendant for personal injuries arising out of a traffic accident. Defendant files a motion for summary judgment on the ground that he was not negligent, and supports it withaffidavits signed by all the other eyewitnesses, and by the police officer who investigated the accident. The only opposing affidavit is that of Plaintiff, who simply controverts everything that the eyewitness and police officer say. The court should decide the motion for this party.

What is the Plaintiff (or, in this case, the non-moving party)? Explanation: If the essential facts of the case are controverted by a witness who is competent to testify, the court must deny the motion for summary judgment. If plaintiff claims to have seen the accident, the court must deny the motion for summary judgment. Issues of credibility are not to be determined prior to trial.

400

Plaintiff, who was injured when a ceiling fan fell out of her ceiling onto her, sues the contractor who installed the fan. After a year of discovery, the Defendant contractor files a motion for summary judgment which includes an affidavit from a professional engineer that the fan was installed correctly, but that there was invisible wood rot that, through no fault of the contractor, caused the ceiling to fail. Plaintiff does not respond. The court should rule in favor of this party.

What is the defendant? Explanation: The contractor is assuming a heavier burden than that required by the rules: It is attempting to disprove an element of plaintiff’s claim. While not required, this motion would certainly suffice to show that plaintiff cannot succeed. The affidavit testimony of the expert witness appears to cover the relevant issues and to be within the appropriate area of expertise. The plaintiff could have responded in a way to defeat summary judgment, as by questioning the factual basis of the expert’s opinion or by countering with an expert of their own, but given the plaintiff’s failure to respond, the court could properly grant summary judgment to the defendant.

500

Justice White’s concurring opinion in Celotex requires that defendants support their motions for summary judgment with more than this.

What are conclusory allegations that plaintiff cannot support his or her case? Explanation: Justice White’s separate opinion (which provided the crucial fifth vote) emphasized that a naked motion with a conclusory statement that the plaintiff has no evidence would not meet the movant’s burden