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Question 8-1 (p. 796) The dominant conception of the lawyer's role: rejects role morality.

Question 8-1 (p. 796) The dominant conception of the lawyer's role: rejects role morality. endorses moral accountability. endorses moral nonaccountability . views a lawyer primarily as an officer of the court. Question 8-2 (p. 797)

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Question 8-1 (p. 796) The dominant conception of the lawyer's role: rejects role morality.

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  1. Question 8-1 (p. 796) The dominant conception of the lawyer's role: rejects role morality. endorses moral accountability. endorses moral nonaccountability. views a lawyer primarily as an officer of the court.

  2. Question 8-2 (p. 797) • Role morality requires lawyers to take actions that are immoral under ordinary morality. • True • False

  3. Question 8-3 (p. 797) • Which of the following is NOT a justification for the hired gun role? • The adversary system. • The traditional understanding of professionalism • Client autonomy. • Democracy and access to law.

  4. Question 8-4 (p. 799) • The Preambles to the Canons and the Code emphasize the lawyer's responsibilities to his or her client. • True • False

  5. Question 8-5 (p. 799) • The original understanding of the lawyer's role in the United States was that of the European guild. • True • False

  6. Question 8-6 (p. 799) • The Rules: • require lawyers to be amoral partisans. • prohibit lawyers from being amoral partisans. • permit lawyers discretion to choose whether to be morally responsible or an amoral partisan.

  7. Question 8-7 (p. 800) • The Tennessee ethics opinion advises a lawyer opposed to abortion that his ethical obligations require him, in representing a minor seeking judicial consent for an abortion: • to suggest that she consider talking to her parents. • to suggest that she consider alternatives to abortion. • to suggest that she consider the moral pros and cons of her decision • none of the above.

  8. Question 8-8 (p. 800) • The Tennessee ethics opinion is consistent with Rule 2.1. • True • False

  9. Question 8-9 (p. 800) • The Legal Profession as a Blue State reading argues that the ascendance of the hired gun approach and the decline of • lawyers' commitment to the public good results from: • increasing business-like behavior by lawyers • law schools' disdain of law practice and legal ethics. • the trend toward greater emphasis on individualism. • the increasing diversity of the legal profession.

  10. Question 8-10 (p. 800) • The adversary system approach to justice resembles market theory in that it: • rejects moral relativism. • distributes justice equally. • always favors the wealthy. • assumes that facilitating the pursuit of individual self-interest is best for society

  11. Question 8-11 (p. 815) • Which of the following statements is true? • The Rules prohibit morally responsible lawyering • The Rules require morally responsible lawyering • The Rules permit a lawyer's discretion to be morally responsible in deciding whether to represent a client, counsel a client, • and deciding whether to withdraw from representing a client.

  12. Question 8-12 (p. 815) • Which of the following statements is true? • Both David Luban and William Simon urge lawyers to bring extralegal morality into their work. • Neither David Luban nor William Simon urge lawyers to bring extralegal morality into their work. • David Luban urges lawyers to bring extralegal morality into their work. • William Simon urges lawyers to bring extralegal morality into their work.

  13. Question 8-13 (p. 816) • Which author expressly suggests that evading the spirit of the law might be more appropriate in representing a low income • person than a wealthy corporation? • David Luban • William Simon • Both David Luban and William Simon • Neither David Luban nor William Simon

  14. Question 8-14 (p. 827) • Which of the following is true? • Catherine MacKinnon and Carrie Menkel-Meadow define a feminist lawyer as primarily a supporter of women's causes. • Catherine MacKinnon defines a feminist lawyer as primarily a supporter of women's causes • Carrie Menkel-Meadow defines a feminist lawyer as primarily a supporter of women's causes • Neither Catherine MacKinnon nor Carrie Menkel-Meadow define a feminist lawyer as primarily a supporter of women's causes

  15. Question 8-15 (p. 827) • Carrie Menkel-Meadow's approach to feminist lawyering relies primarily upon: • women's rights • women's support for individualism • women's understanding of relationships • women's superiority to men

  16. Question 8-16 (p. 828) • Under Menkel-Meadow's approach, a man could be a feminist lawyer. • True • False

  17. Question 8-17 (p. 828) • Menkel-Meadow suggests that feminist lawyering has implications for: • the lawyer-client relationship • ethics rules • the legal workplace • all of the above

  18. Question 8-18 (p. 837) • According to Professor Sanford Levinson, the dominant understanding of professionalism requires a lawyer to "bleach out" all personal characteristics, including religion, morality, race, gender, and other forms of identity. • True • False

  19. Question 8-19 (p. 837) • Under all of Professor Allegretti's models, a Christian lawyer must bring her religious values into her work as a lawyer. • True • False

  20. Question 8-20 (p. 837) • In her work at a large law firm, Professor Azizah al-Hibri found which area of practice most consistent with her values as a • Muslim? • Litigation • Corporate transactions • Securities Regulation • Trust and Estates

  21. Question 8-21 (p. 837) • According to Professor Russell Pearce, all the streams of Judaism: • agree that a Jew must bring her religion into her work. • agree that a Jew must bring her religion into her work but only to the extent of observing Jewish holidays. • reject the notion that a Jew must bring her religion into her work. • take different positions with regard to the basic principle that a Jew must bring her religion into her work.

  22. Question 8-22 (p. 838) • Professor Robert Vischer identifies the following as irrefutable objections to religious lawyering: • the threat to client autonomy • the threat to publicly accessible norms • the threat of illiberal communities • All of the above

  23. Question 8-23 (p. 873) • Anthony Griffin argues that: • as an African-American he had an obligation to represent the Klan. • as an African-American he had an obligation to refuse to represent the Klan. • his being African-American was irrelevant to his decision to represent the Klan.

  24. Question 8-24 (p. 873) • According to David Wilkins, African-American lawyers: • should place their professional obligations above their racial obligation. • should place their racial obligation above their professional obligation. • should reconcile their professional and racial obligations. • have no legitimate racial obligation.

  25. Question 8-25 (p. 874) • David Wilkins argues that in the O.J. Simpson trial: • Johnnie Cochran appropriately navigated racial and professional obligations. • Christopher Darden appropriately navigated racial and professional obligations. • Both Cochran and Darden appropriately navigated racial and professional obligations. • Neither Cochran nor Darden appropriately navigated racial and professional obligations.

  26. Question 8-26 (p. 874) • David Wilkins concludes that Robert Johnson managed his opposition to the death penalty: • more appropriately than Robert Morgenthau. • just as appropriately as Robert Morgenthau • less appropriately than Robert Morgenthau.

  27. Question 8-27 (p. 891) • In the 1960s, Erwin Smigel found that big firm lawyers viewed their role as closer to that of the: • Civics teacher • Hired gun

  28. Question 8-28 (p. 892) • Proponents of the lawyer as civics teacher argue that lawyers are properly civics teachers because they are necessarily more • virtuous than non-lawyers. • Yes • No

  29. Question 8-29 (p. 892) • Proponents argue that lawyers are civics teachers: • because descriptively they serve that function • because normatively they should serve that function • both A and B • neither A nor B

  30. Question 8-30 (p. 892) • A lawyer acting as civics teacher would always: • spy on her client for the government • be a hired gun because the system requires it • explain the spirit of the law as well as the letter • impose her values on the client

  31. Question 8-31 (p. 892) • Both perspectives on the lawyer as civic teacher require moral counseling. • True • False

  32. Question 8-32 (p. 892) • If clients generally shared the view of Ben W. Heineman, Jr., former Senior Vice-President for Law and Public Affairs for • General Electric, they would: • object to the lawyer as civics teacher • welcome the lawyer as civics teacher • be indifferent to the lawyer as civics teacher

  33. Question 8-33 (p. 909) • If I had to choose one perspective for my role as lawyer, I would choose: • hired gun • moral advocate • feminist lawyer • racial justice lawyer • religious lawyer • civics teacher

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