Compilation Questions With Answers

download Compilation Questions With Answers

of 23

Transcript of Compilation Questions With Answers

  • 8/10/2019 Compilation Questions With Answers

    1/23

    1-C QUIZZES COMPILATION

    1. It refers to the whole body of attorneys and counselors.

    a) Bench

    b)

    Attorney at law

    c) Attorney in factd) Bar

    2. This implies a friendly intervention of counsel to call the attention of the court to some

    matters of law or facts which might otherwise escape its notice and in regard to which it might be

    wrong.

    a) Bench

    b) Counsel de officioc) Pro se

    d) Amicus Curiae

    3. This is a class of persons who are licensed officers of the court empowered to appear,

    prosecute and defend.

    a) Counsel de officio

    b) Counsel de parte

    c) Pro se

    d) Attorney at Law

    4. It is an appearance of a lawyer in his own behalf.

    a) Proctorb) Attorney ad hoc

    c)

    Amicus curiaed) Pro se

    5. It refers to the whole body of judges and the judiciary.

    a) Bar

    b) Lead counsel

    c) Attorney at record

    d) Bench

    6. It is an agent whose authority is strictly limited by the instrument appointing him.

    a) Counsel de officiob) Attorney at law

    c)

    Pro se

    d) Attorney in fact

    7. An attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause incourt.

    a) Lead Counsel

    b) Counsel de officio

    c) Amicus curiae

  • 8/10/2019 Compilation Questions With Answers

    2/23

    d) Counsel de Parte

    8. It is an attorney appointed by the court to defend an indigent defendant.

    a) Attorney in fact

    b) Attorney at Law

    c) Counsel de officiod)

    Pro se

    9. The following are the initial requirements for admission to the bar except;

    a) Citizen of the Philippines

    b) At least 21 years of age

    c) Of Good moral character

    d) Recognition or accreditation

    10. This persons are not entitled to be called attorneys.

    a) Private practice of Law

    b)

    House counselc) Lead counsel

    d) Philippine Sharia Bar

    11. The following are the constituted obligation of anewLawyer except;

    a) Prove that he is a person of good moral character

    b) Undergo Mandatory Continuing Legal Education or MCLEc) Undergo Mandatory Legal Aid Service

    d) Be continually subject to Judicial disciplinary control

    12. The following are the continuing requirements for the practice of lawaf ter admission to the

    bar except;a) Remain a Member of the Barb) Regularly pay all IBP membership dues

    c) Regularly pay the Professional Tax Receipt (PTR)

    d) Faithfully observe the rules and Ethics of the legal professione) None of the above.

    13. It is a sacred trust that must be upheld and kept inviolable

    a) The Rules of Court

    b) The Roll of attorneys

    c) Legal ethics

    d)

    The Lawyers Oath

    14. Who may be called an attorney?

    a) Those that are admitted to the Integrated Bar of the Philippines and remain members

    thereof in good standing.

    b) Members of Sharia Barc) Titulo de Abogado

    d) All of the above

  • 8/10/2019 Compilation Questions With Answers

    3/23

    15. The following are the requirements for the admission to the Bar except he/she is;

    a) citizen of the Philippines

    b) at least 21 years old

    c) Philippine residentd) Has pending charges involving moral turpitude

    16. It refers to the living spirit of profession and a branch of moral science.

    a) Code of Professional Responsibility

    b) Civil code

    c) Labor coded) Legal Ethics

    17. The following are the primarysources of ethical standards in the Philippine Judiciary except;

    a) Canons of Professional Ethics

    b) Code of Professional Responsibility

    c) Canons of Judicial Ethics

    d)

    IBP Issuances18. The following are the secondary sources of ethical standards in the Philippine Judiciary

    except;

    a) Decisions/resolution of the Supreme Court

    b) Supreme Court Circulars

    c) Order/resolution of other courts

    d) Codes of Judicial Ethics

    19. A Filipino citizen who graduated from a foreign law school shall be admitted to the barexamination only upon submission of certificates showing;

    a) Completion of all courses leading to the degree of Bachelor of Laws or its equivalent

    degree

    b) Recognition or accreditation of the law school by the proper authority

    c) Completion of all fourth year subjects in the Bachelor of Laws academic program in alaw school duly recognized by the Philippine Government

    d) All of the above.

    20. The following are non lawyers who are exempted to appear and handle cases in court

    except;a) Law Student Practice

    b) Non-lawyers in Court

    c) Non-lawyers in Administrative Tribunald) Sharia

    21. The following are the limitations on appearance of non-lawyers before the courts except:a. He should confine his work to non-adversary contentions

  • 8/10/2019 Compilation Questions With Answers

    4/23

    b. He should not undertake purely legal work

    c. His services should be habitually rendered

    d. He may conduct his litigation in person, in a Municipal Court

    22. In what particular provision of the Rules of Court can this phrase be found?

    By whom litigation conducted.- In the court of a municipality a party may conduct hislitigation in person, with the aid of an agent or friend appointed by him for that purpose, or withthe aid of an attorney. In any other court, a party may conduct his litigation personally or by aid

    of an attorney, and his appearance must be either personal or by a duly authorized member of the

    bar.a. Rule 138, Sec. 34

    b. Rule 115, Sec. 1

    c. Rule 139, Sec. 2

    d. Rule 138, Sec. 35

    23. Remedies against unauthorized practice of law of persons who are not lawyers include the

    following except:a. Petition for injunction

    b. Declaratory relief

    c. Contempt of court

    d. Disqualification and complaints for disbarment

    24. In proceedings before the small claims court, no attorney shall appear in behalf of or

    represent a party at the hearing unless;a. Attorney is the plaintiff or defendant

    b. Attorney is the counsel de officio

    c. The attorney is requested by the IBP to render free legal services

    d. The attorney is the spouse of the plaintiff

    25. A lawyer who was previously disbarred but continued to represent himself as a lawyer can be

    charged fora. Failure to do something ordered to be done by a court or of a judge

    b. Direct contempt

    c. Indirect contemptd. Unlawfully assailing or discrediting the authority or dignity of a court or a judge

    26. It is the principal law officer and legal defender of the Philippine Government.

    a. Solicitor Generalb. Tanggapan ng Tagausig Panlahat

    c. Supreme Court

    d. Civil Service Commission

    27. These Includes elective and appointive officials and employees, permanent or temporary.

    a. Public officials

    b. Public officec. Public service

  • 8/10/2019 Compilation Questions With Answers

    5/23

    d. Public agency

    28. According to the Code of Professional Responsibility, the conduct of the lawyers should beguided by their?

    a. Four-fold duties

    b. Four toadsc. Four boatsd. Avenge Sevenfold

    29.What are the Four- Fold Duties of a Lawyer?

    a. Client, Court, Colleagues, Community

    b. Client, court, College, commodity

    30. These oath embodies the ideals by which a lawyer lives by in the practice of the legal

    profession.

    a. Lawyers oathb. Boys scout law

    c. Oath taking

    d. Oath of office

    31. First and most important duty of the lawyer

    a. His duty to his client

    b. promote honesty and good faithc. observe responsibility and loyalty to his client

    d. His duty to the court

    32. An act or omission which is against the law. Dishonesty involves lying or cheatinga. Deceitful conduct

    b. Immorality

    c. Moralityd. Unlawful conduct

    33. The following are acts that involve moral turpitude, except:a. Conviction of homicide

    b. Imprisonment for the crime of bribery/ attempted bribery

    c. Conviction of murder

    d. Conviction of Violation of Batas Pambansa Bilang 22

    34. Ambulance chasing is the act of chasing the victims of accidents for the purpose of:

    a. Convincing the said victims (or relatives) and forcing him to file a case against the

    person(s) who caused the accident(s)

    b. Informing the said victims (or relatives) of their right to demand for damages and

    offering his financial assistance for the filing of a case against the person(s) who causedthe accident(s)

  • 8/10/2019 Compilation Questions With Answers

    6/23

    c. talking to the said victims (or relatives) and convincing them not to file of a case

    against the person(s) who caused the accident(s)

    d. It is an act of chasing victims of accidents for the purpose of talking to the said victims

    (or relatives) and offering his legal services for the filing of a case against the person(s)

    who caused the accident(s)

    35. It is an offense of frequently exciting and stirring up quarrels and suits, either at law or

    otherwise; lawyers act of fomenting suits among individuals and offering his legal services to

    one of them.a. Ambulance chasing

    b. Grossly immoral conduct

    c. Moral turpitude

    d. Barratry

    36. The following are acts which involve GROSS IMMORALITY, except:

    a. Maintaining adulterous relationship with a married womanb. Making his secretary his mistress and subsequently, tortured her

    c. Lawyer inveigling a woman into believing that they have been married civilly to

    satisfy his carnal desires

    d. Stealing a kiss from a client

    37. Imports an act of baseness, vileness or depravity in the duties which one person owes to

    another or to society in general which is contrary to the usual accepted and customary rule ofright and duty which a person should follow.

    a. Deceitful conduct

    b. Gross immorality

    c. Moralityd. Moral Turpitude

    38. What is Gross Immoral Conduct?a. is one that is so corrupt and false as to constitute a criminal act or so unprincipled or

    disgraceful as to be reprehensible to a high degree.

    b. refers to the disposition to lie, cheat, deceive, defraud, or betray; be untrustworthy;lacking in integrity, honesty, probity, integrity in principle, fairness and straight

    forwardness.

    c. It refers to a transgression of any provision of law which need not be a penal law. The

    presence of evil intent on the part of the lawyer is not essential in order to bring his act oromission within the terms of this Rule.

    d. an act of baseness, vileness or depravity in the duties which one person owes to

    another or to society in general which is contrary to the usual accepted and customary

    rule of right and duty which a person should follow.

    39. Liza and Atty. Aquino maintained an illicit affair. Liza filed a case for disbarment against

    Atty. Aquino based on gross immoral conduct alleging that he misrepresented himself to be

  • 8/10/2019 Compilation Questions With Answers

    7/23

    single when he was in fact married, and due to the false pretenses she succumbed to his sexual

    advances. Will her petition prosper?

    a. No, the facts do not constitute gross immoral conduct.b. Yes, Atty. Aquino is guilty of immorality in violation of Rule 1.01.

    c. No, not violation to Rule 1.01

    d. a and c

    40. Jason as defendant delivered to Atty. Samson an amount representing the compensation or

    settlement money in a case for homicide thru reckless imprudence. However, Atty. Samson did

    not turn over the amount to his client, forcing Jason to pay the same amount again. Atty. Samsonwas later convicted for estafa. Should Atty. Samson be disbarred?

    a. Yes. Good moral character is not only a condition precedent to admission to the legal

    profession, but it must also remain extant in order to maintain ones good standing in thatexclusive and honored fraternity.

    b. No, Because no irregularity in the part of Atty. Samson.

    c. No, Just a suspension for 3 years.d. No, the facts do not constitute gross immoral conduct.

    41.Which of the following is not part of the threefold obligation of a lawyer?

    a. He owes it to himself to continue improving his knowledge of the lawsb. He owes it to his profession to take an active interest in the maintenance of high

    standards of legal education

    c. He owes it to the lay public to make the law a part of their social consciousness.d. He owes to the government to keep abreast of legal developments.

    42.What is the foremost duty of a lawyer?

    a. To his client

    b. To society

    c. To governmentd. To the administration of justice

    43.What is matter?a. Anything that occupies space

    b. Any discrete isolatable act, as well as identifiable transaction or conduct involving a

    particular situation.

    c. Act of a person who has the power to influence the subject proceedings

    44.

    What is adverse-interest conflicts ?

    a. Matter in which the former government lawyer represents a client in private practice is

    substantially related to the matter that the lawyer dealt with while employed by thegovernment and the interests of the government and the interests of the current and former

    are adverse.

    b. Conflicts are unique to government lawyers and apply primarily to former government

  • 8/10/2019 Compilation Questions With Answers

    8/23

    lawyers

    c. Adverse parties are having conflicts in interest because of their incompetent lawyers.

    45.To whom the restriction of Rule 6.02 applies?

    To lawyers in government service, who are allowed by law to engage in private law practice,.

    To all lawyers who has handled cases against the government.To all government employees.To some lawyers in the government service engaging in private law practice.

    46. What is Barratry?a. An offense of frequently exciting and stirring up quarrels and suits, either at law or

    otherwise; lawyers act of fomenting suits among individuals and offering his legal

    services to one of them.

    b. An offense of always exciting and stirring up quarrels and suits, either at law or otherwise;lawyers act of fomenting suits among individuals and offering his legal services to one of

    them.

    c. An offense of frequently destroy ing law or otherwise; lawyers act of fomenting suitsamong individuals and offering his legal services to one of them.

    47. What is the general rule on volunteer advices?

    a. Volunteer Advice to bring a lawsuit comes within the prohibition.b. Where ties of blood, relationship and trust make it a duty to do so

    c. When motivated by a desire to protect one who does not recognize that he may have legal

    problems or who is ignorant of his legal rights or obligations

    48.Who may be considered oppressed?

    a. Those who are the victims of the cruelty, unlawful, exaction, domination or excessive use

    of authority.b. Those are not in a position to defend themselves due themselves due to poverty, weakness,

    ignorance or other similar reasons.

    c. Those who are weaklings and scared to claim their right.d. Those who are ignorant of the law.

    49.Legal aid is not a matter of charity, but a _________.a. Calling

    b. Profession

    c. Public responsibility

    d. Public profession

    50.

    Which is not an exception to the rule on advertisement of lawyers?

    a. Reputable Law lists, in a manner consistent with the standards of conduct imposed by

    the canons, of brief biographical and informative data, are allowed.b. Advertisements or simple announcement of the Existence of a lawyer or his law firm

    posted anywhere it is proper such as his place of business or residence except

    courtrooms and government buildings.c. Ordinary simple Professional Card. It may contain only a statement of his name, the name

  • 8/10/2019 Compilation Questions With Answers

    9/23

  • 8/10/2019 Compilation Questions With Answers

    10/23

    c. exclusion of information irrelevant on selecting a lawyer

    d. Representations concerning the quality of service, which cannot be measured or verified.

    58.What is the foremost duty of a lawyer?

    a. Ends of justice

    b. Courtsc. IBP

    59.What is the definition of intervene?

    a. It includes an act of a person who has the power to influence the subject proceedings.b. It includes an act of a person who has the power to influence the object proceedings.

    c. It includes an act of a person who has the power to influence the present proceedings.

    60.What is CONGRUENT-INTEREST REPRESENTATION CONFLICTS ?a. Unique to government lawyers and apply primarily to former government lawyers.

    b. Unique to judges and apply primarily to former government lawyers.

    c. Unique to retired government lawyers and apply primarily to former government lawyers.

    61.Percentage of collection from each Chapter that shall be set aside as a Welfare Fund for

    disabled members of the Chapter and the compulsory heirs of deceased members thereof.

    a. 25%

    b. 20%

    c. 15%d. 10%

    62.The sanction in case of default in the payment of annual dues for a period of six months

    a. Disbarment

    b. Suspension

    c. Public apologyd. Imprisonment

    63.Which of the following is not a requisite on the fitness to practice law?a. Must be competent

    b. Must be honourable

    c. Must be reliable

    d. Must be good-looking

    64.

    These are the Consequences of knowingly making a false statement or suppression of a

    material fact in the application for admission to the Bar. Which is incorrect?

    a. If the false statement or suppression of material fact is discovered before the candidate

    could take the bar examinations, he will be denied permission to take the examinations.

    b. If the false statement or suppression of material fact was discovered after the candidatehad passed the examinations but before having been taken his oath, he will not be allowed to

  • 8/10/2019 Compilation Questions With Answers

    11/23

    take his oath as a lawyer.

    c. If the false statement or suppression of material fact is discovered before the candidate

    could take the bar examinations, he will be granted permission to take the examinations.d. If the discovery was made after the candidate had taken his oath as a lawyer, his name

    will be stricken from the Roll of Attorneys.

    65.Requires that every member of the Integrated Bar shall pay annual dues and default thereof.a. Rule 138

    b. Rule 138-A

    c. Rule 139-Ad. Rule 139-B

    66.The nature of attorney-client relationship includes the following except:

    a. Strictly personal

    b. Higly confidential

    c. Totally Subsidiaryd. Fiduciary

    67.INSTANCE OF DISRESPECTFUL LANGUAGE INCLUDES:

    a. His statements, if relevant, pertinent or material to the subject of judicial inquiry are

    absolutely privileged regardless of their defamatory tenor and of the presence of maliceb. Not to encourage either the commencement or the continuance of an action or

    proceeding, or Delay any mans cause, from any corrupt motive or interest;

    c. Attributing to the SC acts of dismissing judges without rhyme and reason and

    disbarring lawyers without due processd. He should expose without fear or favor before the Supreme Court corrupt or dishonest

    conduct in the profession and should accept without hesitation employment against a lawyer

    who has wronged his client

    68.DUTY OF AN ATTORNEYINCLUDES:

    a. To practice law during good behavior before any judicial, quasi-judicial, or administrative

    agency

    b. To sit in judgment on every case, to set the judicial machinery in motion

    c. To employ, for the purpose of maintaining the causes confided to him, such means as onlyas are inconsistent with truth and honor, and never seek to mislead the judge as any judicial

    officer by an artifice or false statement of fact or law

    d. Not to encourage either the commencement or the continuance of an action or proceeding,

    or Delay any mans cause, from any corrupt motive or interest

    69.WHAT IS CANON 8, RULE 8.02?

    a. A lawyer shall at all times uphold the integrity and dignity of the legal profession and

  • 8/10/2019 Compilation Questions With Answers

    12/23

    support the activities of the Integrated Bar

    b. A lawyer shall not, in his professional dealings, use language which is abusive, offensive

    or otherwise improper.c. A lawyer shall observe and maintain the respect due to the courts and to judicial officers

    and should insist on similar conduct by others.

    d. A lawyer shall not, directly or indirectly, encroach upon the professional employment ofanother lawyer; however, it is the right of any lawyer, without fear or favor, to give properadvice and assistance to those seeking relief against unfaithful or neglectful counsel

    70. EXCEPTION TO RULE 9.02

    a. A lawyer may properly interview any witness or prospective witness or prospective witness

    for the opposing side in any civil or criminal action without the consent of opposing counsel or

    partyb. Where a lawyer or law firm includes a non-lawyer employees in a retirement plan, even if

    the plan is based in whole or in part, on a profit sharing agreement

    c. Any person who seeks relief against an unfaithful or neglectful lawyer may approach anotherlawyer for proper advice and assistance. Any advice or assistance extended after proper

    verification is not encroaching upon the business of another lawyer for such act is justified

    under the circumstances

    71. WHAT IS THE PURPOSE OF CANON 9?

    a. To protect the public, the court, the client and the bar from the incompetence or dishonesty

    of those unlicensed to practice law and not subject to the disciplinary control of the court.b. A lawyer should aid in guarding the Bar against admission to the profession of candidates

    unfit or unqualified for being deficient in either moral character or education

    c. A lawyer should not steal the other lawyers client nor induce the latter to retain him by a

    promise of better service, good result or reduced fees for his services. Neither should hedisparage another, make comparisons or publicize his talent as a means to feather his law

    practice

    d. He should expose without fear or favor before the Supreme Court corrupt or dishonestconduct in the profession and should accept without hesitation employment against a lawyer

    who has wronged his client

    72. PRIVILEGE OF A LAWYER

    a. In the defense of a person accused of a crime, by all fair and honorable means, regardless of

    his personal opinion as to the guilt of the accused, to present every defense that the law

    permits, to the end that no person may be deprived of life or liberty, but by due process of law

    b. To abstain from all Offensive personality and to advance no fact prejudicial to the honor and

    reputation of a party or witness unless required by the justice of the cause with which he is

    charged;

    c. In the Defense of a person accused of a crime, by all fair and reasonable means, regardless

    of his personal opinion as to the guilt of the accused, to present every defense that the lawpermits to the end that no person may be deprived of life, liberty, but by due process of law.

  • 8/10/2019 Compilation Questions With Answers

    13/23

  • 8/10/2019 Compilation Questions With Answers

    14/23

    a. Oral

    b. Formal

    c. Expressd. Implied

    78.

    Lawyer may testify as a witness in a case which he is handling for a client except:

    a. Acting as a Depositary;

    b. On Formal matters, such as the mailing, authentication or custody of instrument and the

    like;c. On substantial matters in cases where his Testimony is essential to the ends of justice, in

    which event he must, during his testimony, entrust the trial of the case to another counsel;

    d. Acting as an Arbitrator;

    79.What are the rights of a witness?

    a. To be protected from irrelevant, improper, or insulting questions and from harsh or

    insulting demeanor;b. To be detained longer than the interest of justice requires;

    c. Not to be examined except only as to matters pertinent to the issue;

    d. Not to give any answer which will tend to subject him to a penalty for an offense unless

    otherwise provided by law;

    80.As of May 2005, there are 46,053 lawyers registered in the ____________ of the IBP.

    a. 79 chapters

    b. 78 chapters

    c. 77 chapters

    d. 76 chapters

    81.A principle of law which asserts inter alia an issue that has been definitively settled by judicial

    decision.

    a) Subjudice

    b) Res judicata

    c) Sub curia

    d) Satisdatio

    82.

    An application to the sub-judice rule.

    a) A lawyer making public statements regarding a pending case tending to arouse public opinion

    for or a party.

    b) A lawyer criticizing the judges impartiality inside the courtroom.

    c) A lawyer borrowing money from his client.

    d) A lawyer rejecting the cause of a client.

  • 8/10/2019 Compilation Questions With Answers

    15/23

    83.A lawyers right to criticize the acts of courts and judges in a proper and respectful way and

    through legitimate channels is well recognized when:

    a) He asks the judge about the latters hearsay concubines.

    b)

    Showing motives that he wants the judge to inhibit himself by not appearing in all courthearings with justifiable notices.

    c) His criticism is bona fide, and it does not spill over the wall of decency and propriety.

    d) The lawyer enters the Judges chambers and gives the Judge a barrage of punches and kicks to

    his body.

    84.Atty. Valdez, by making a habit in going to the coffee shop where Judge Lingbawan often

    drinks his coffee, is seeking opportunity to cultivate familiarity with the latter. Did Atty.Valdez violate the code of professional responsibility?

    a)

    No, Atty. Valdez was merely befriending Judge Lingbawan.

    b) Yes, Atty. Valdez, in order to borrow money from Judge Lingbawan, cultivated familiarity

    with the latter.

    c) No, Atty. Valdez merely has an infatuation over the Judge.

    d) Yes, he was extending extraordinary attention or hospitality to, nor seek opportunity for

    cultivating familiarity with Judges.

    85.A lawyer-client relationship is formed, except:

    a)

    Oralb) Express

    c) intimidation

    d) Implied

    86.Does a lawyer have a right to decline employment?

    a) A lawyer is not obliged to act as legal counsel for any person who may wish to become his

    client. He has the right to decline employment.

    b)

    A lawyer is obliged to act as legal counsel for any person who may wish to become his client.He has the no right to decline employment.

    c) A lawyer is not obliged because it violates his right of choice.

    d) A lawyer is obliged, provided that the clients appearance fits his condition to such acceptance.

    87.What is the duration of privilege communication?

  • 8/10/2019 Compilation Questions With Answers

    16/23

    a) The privilege continues to exist even after the termination of the attorney- client relationship.

    b) It ceases the after final judgment of his clients case.

    c) It ceases when the lawyer withdraws, during the pendency of the case.

    d) The privilege continues even if the lawyer dies.

    88.The following persons cover the attorney-client relationship, except:

    a) The Lawyer

    b) The Client

    c) The Attorneys secretary

    d) The Judge

    89.What is conflict search?

    a) It is examining the causes of action between the prospective client and the lawyers current

    b) It is cross-examining the witness.

    c) It is searching for a conflict between the witness and his counsel.

    d) It is examining the typographical notes of the stenographer.

    90.The following are the tests to determine the existence of conflicting interests, except:

    a) Conflicting duties

    b)

    Invitation of suspicionc) Criminal record of the client

    d) Use of prior knowledge

    91.Disqualification as counsel of new client on petition of former client is an effect of:

    a) Representing adverse interests

    b) Disbarment of the lawyer

    c) New client is convicted of murder by final judgment

    d)

    New clients case is bereft of merit.

    92.The following are effects of lawyers failure to return clients money upon demand, except:

    a) It will give rise to civil liability of the lawyer

    b) Criminal liability

    c) Absolute disbarment of the lawyer

  • 8/10/2019 Compilation Questions With Answers

    17/23

    d) Administrative liability

    93.A lawyer is NOT trusting all moneys & properties, when he:

    a) Account all money

    b)

    Keep the funds

    c) Spends the money for his personal gain

    d) Not borrow money

    94.The unauthorized practice of law does not include:

    a) Fraudulent practices

    b) Delegation of tasks to his partners in the law firm.

    c) Delegation of tasks to non-lawyers

    d) Legal fee transactions to non-lawyers

    95.What is candor?

    a) Sincere in expression and speech

    b) Loyalty in actions

    c) Punctuality

    d) Impartiality

    96.The reason why Mirriam Defensor Santiago was not disbarred from his irate criticisms against

    the justices of the Supreme Court.

    a) Judicial immunity

    b) Parliamentary immunity

    c) Constitutional immunity

    d) Criminal immunity

    97.

    What do you do when you have grievances against a Judge?a) Talk to the President of the Philippines

    b) Ask the National Peoples Army to shoot and kill the Judge

    c) Televise a speech through GMA Network, implicating your hatred against the Judge

    d) Go to the Supreme Court

  • 8/10/2019 Compilation Questions With Answers

    18/23

    98.Delay in filing pleadings or memoranda after the Atty. Aquisan obtained extensions of time is

    valid, except when:

    a) He has several pending cases with different clients.

    b) He is in a comatose state and is confined inside the Baguio General Hospital.

    c)

    The subject client is unknown, missing, or unable to be located.

    d) His office is under renovation.

    99.Who is a witness?

    a) A deceased person

    b) Any person giving sworn testimony in a court of law or the police.

    c) A person who is not related to the parties and was in the US during the time when the crimetook place in Baguio.

    d)

    The Judge handling the case.

    100. What is the difference between a charging lien and a retaining lien?

    a) A charging lien is an inequitable right to have the fees and lawful disbursements due a lawyerfor his services, secured to him out of a money judgment.

    b) A charging lien is an equitable right to have the fees and lawful disbursements due a client for

    his services, secured to him out of a money judgment.c) A charging lien is an equitable right to have the client arrest for non-payment of legal fees.

    d) A charging lien is an equitable right to have the fees and lawful disbursements due a lawyer for

    his services, secured to him out of a money judgment.

    101. Who is a Collaborating Counsel?a.One who is presently engaged to assist a lawyer already handling a particular case for a client.

    b.One who is subsequently engaged to assist a lawyer already handling a particular case for a

    client.

    c.One who is previously engaged to assist a lawyer already handling a particular case for a client.d.One who is regularly engaged to assist a lawyer already handling a particular case for a client.

    102. Which of the following is not an aspect of the Doctrine of Imputed Knowledge?

    a. The knowledge acquired by an attorney during the time that hes acting within the scope of his

    authority is imputed to the client.b. It is based on the assumption that an attorney, who has notice of matter affecting his client, has

    communicated the same to his principal in the course of professional dealings.

    c. The doctrine applies regardless of whether or not the lawyer actually communicated to theclient what he learned in his professional capacity, the attorney and his client being one

    judicial person.

    d. A lawyer shall keep the client informed of the status of his case and shall respond upon the

    clients request for information.

  • 8/10/2019 Compilation Questions With Answers

    19/23

    103. The following are effects of an unauthorized appearance except:

    a.The party represented is not bound by attorneys appearance in the case neither by the

    judgment rendered therein;b.Court does not acquire jurisdiction over the person of the party represented;

    c. The adverse party who has been forced to litigate as a defendant by the unauthorized action onthe part of the attorney for the plaintiff may, on that ground, move for the dismissal ofthe complaint; and

    d. If authorized appearance is willful, attorney may be cited for contempt as an officer of the

    court who has misbehaved in his official transactions, and he may be disciplined for

    professional misconduct.

    104. What does quantum meruit literally mean?a."as much as he gets"

    b."as much as he deserves"

    c.

    "as much as he earns"d."as much as he works"

    105. What is an acceptance fee?

    a. It is a temporary fee arrangement which entitles a lawyer to get paid for his efforts regardless

    of the outcome of the litigation.b. It is a conditional fee arrangement which entitles a lawyer to get paid for his efforts regardless

    of the outcome of the litigation.

    c. It is a permanent fee arrangement which entitles a lawyer to get paid for his efforts regardless

    of the outcome of the litigation.

    d. It is an absolute fee arrangement which entitles a lawyer to get paid for his efforts regardlessof the outcome of the litigation.

    106. The following are concepts of a retainer except:a. Act of a client by which he engages the services of an attorney to render legal advice or to

    defend or prosecute his cause in court.

    b. Fee which a client pays to the attorney.

    c. Payment made after a case has been rendered judgment.

    107. What is a champertous contract?a. It is one where the client stipulates with his lawyer in the prosecution of the case that he will

    bear all the expenses

    for the recovery of things or property being claimed by the client, and the latter agrees to paythe former a portion of the thing or property recovered as compensation.

    b. It is one where the lawyer stipulates with his client in the prosecution of the case that he will

    bear all the expenses for the recovery of things or property being claimed by the client, and theformer agrees to pay the latter a portion of the thing or property recovered as compensation.

  • 8/10/2019 Compilation Questions With Answers

    20/23

    c. It is one where the lawyer stipulates with his client in the prosecution of the case that he will

    bear all the expenses for the recovery of things or property being claimed by the client, and the

    latter agrees to pay the former a portion of the thing or property recovered as compensation.d. It is one where the client stipulates with his lawyer in the prosecution of the case that he will

    bear some of the expenses for the recovery of things or property being claimed by the client,

    and the latter agrees to pay the former a portion of the thing or property recovered ascompensation.

    108. What is an attorneys retaining lien?

    a. It is the right of an attorney to retain the funds, documents and papers of his client which have

    lawfully come into his possession and may retain the same until his lawful fees anddisbursements have been paid, and may apply such funds to the satisfaction thereof.

    b. It is the right of a lawyer to the same extent upon all judgments for the payment of money, and

    executions issued in pursuance of such judgments which he has secured in a litigation of his

    client.c. It is the right of an attorney to retain the funds, documents and papers to the same extent upon

    all judgments for the payment of money, and executions until his lawful fees and

    disbursements have been paid.

    109. What is confidence?a.It refers to the relationship protected by the attorney-client privilege.

    b.It refers to the communication protected by the attorney-client privilege.

    c.It refers to the information protected by the attorney-client privilege.

    110.

    What is a secret?a. It refers to other information gained in the professional relationship that the client has

    requested to be held inviolate or the disclosure of which would be embarrassing or detrimental

    to the client.b. It refers to the information gained in the professional relationship that the client has requested

    to be held inviolate or the disclosure of which would be embarrassing or detrimental to the

    client.

    c. It refers to any information gained in the professional relationship that the client has requestedto be held inviolate or the disclosure of which would be embarrassing or detrimental to the

    client.

    111. A lawyer shall not reveal the confidences or secrets of his client except;

    a.When required by public policy;b.When authorized by the client after acquainting him of the consequences of the disclosure;

    c.When necessary to collect the clients debt.

  • 8/10/2019 Compilation Questions With Answers

    21/23

    112. Rule 21.02, Canon 21, CPR - A lawyer shall not, to the disadvantage of his client, use

    information acquired in the course of ___________, nor shall he use the same to his own

    advantage or that of a third person, unless the client with full knowledge of the circumstancesconsents thereto.

    a.proceeding

    b.relationshipc.employment

    113. When is a lawyer allowed to withdraw his services?

    a.A lawyer shall withdraw his services only for good cause and upon notice appropriate in the

    circumstances.b.A lawyer shall withdraw his services only for sufficient cause and upon notice appropriate in

    the circumstances.

    c.A lawyer shall withdraw his services only for reasonable cause and upon notice appropriate in

    the circumstances.d.A lawyer shall withdraw his services only for incidental cause and upon notice appropriate in

    the circumstances.

    114. The following are the instances when a lawyer may withdraw his services without the

    consent of his client except:a.When the client deliberately fails to pay the fees for the services or fails to comply with the

    retainer agreement

    b.When the client pursues an illegal or immoral course of conduct in connection with the matter

    he is handlingc.When the lawyer finds out that he might be appearing for a conflicting interest

    d.When his inability to work with co-counsel will promote the best interest of the client

    115. Can a client discharge the services of his lawyer without a cause?

    a.Yes, a client has the right to discharge his attorney at any time with or without a cause or evenagainst his consent.

    b.No, a client has no right to discharge his attorney at any time with or without a cause or even

    against his consent.c.Yes, a client has the right to discharge his attorney at any time.

    d.No, a client has no right to discharge his attorney at any time.

    116.

    What is Hot Potato Doctrine?a.It refers to the prohibition from dropping smaller clients in order to pick up more lucrative

    clients.

    b.It refers to the prohibition from dropping unattractive clients in order to pick up more gorgeous

    clients.

    c.It refers to the prohibition from dropping ill-mannered clients.d.It refers to the prohibition from dropping guilty clients.

  • 8/10/2019 Compilation Questions With Answers

    22/23

    117. What degree of diligence or vigilance is expected from a lawyer?

    a.That degree of vigilance and attention of a good father of a family or ordinary pater familias.

    b.That degree of extraordinary diligence required from common carriers.c.That degree of vigilance and attention of a person bearing a child.

    d.That degree of extraordinary diligence required from an ordinary man.

    118. Rule 18.02, Canon 18, CPR - A lawyer shall not handle any legal matter without

    adequate ___________.a.information

    b.fee

    c.preparationd.conscience.

    119. Ordinary attorney's fee refers toa.An indemnity for damages ordered by the court to be paid by the losing party in litigation.

    b.The reasonable compensation paid to a lawyer by his client for the legal services he hasrendered to the latter.

    c.An indemnity for damages ordered by the court to be paid by the winning party in litigation.

    120. Extraordinary attorney's fee refers to

    a.An indemnity for damages ordered by the court to be paid by the losing party in litigation.

    b.The reasonable compensation paid to a lawyer by his client for the legal services he hasrendered to the latter.

    c.An indemnity for damages ordered by the court to be paid by the winning party in litigation.

  • 8/10/2019 Compilation Questions With Answers

    23/23

    ANSWERS

    1. D

    2. D

    3. D4. D

    5.

    D6. D7. D

    8. D

    9. D

    10.D11.D

    12.E

    13.D

    14.A15.D

    16.

    D17.D18.D

    19.D

    20.D21.D

    22.A

    23.D

    24.A25.C

    26.A

    27.

    A28.A

    29.A

    30.A

    31.D32.D

    33.B

    34.A35.D

    36.D

    37.D

    38.

    A39.B

    40.A

    41.D

    42.D

    43.B

    44.A45.A

    46.

    A47.C48.A

    49.B

    50.D

    51.B52.B

    53.B

    54.B

    55.B56.B

    57.

    A58.A59.A

    60.A

    61.D62.B

    63.D

    64.C

    65.C66.C

    67.C

    68.

    D69.D

    70.B

    71.A

    72.D73.A

    74.D

    75.D76.D

    77.B

    78.A

    79.

    B80.B

    81.A

    82.B

    83.D

    84.C

    85.C86.A

    87.

    A88.D89.D

    90.B

    91.A

    92.D93.A

    94.A

    95.D

    96.C97.B

    98.

    A99.B

    100. B101. B

    102. B

    103. A104. B

    105. D

    106. C

    107. D108. A

    109.

    C

    110. C111. B

    112. C

    113. A114. A

    115. A

    116. A

    117. A118. C

    119. B

    120.

    A