Free FBBE Multistate Professional Responsibility Question and Answers — Questions and Answers
Question 1: This phrase refers to the ABA Model Rules of Professional Conduct.
- Subject to litigation sanction
- Subject to disqualification
- Subject to discipline (Correct answer)
- Subject to criminal liability
Correct answer: Subject to discipline
The enforcement of professional conduct rules for attorneys is handled by a specific body or individual granted that power. This entity is broadly referred to as the "disciplinary authority." In practice, this typically involves state bar associations or dedicated disciplinary boards that investigate complaints and impose sanctions for rule violations.
Question 2: This refers to the individual with the given authority to enforce the rules of professional conduct.
- Disciplinary authority (Correct answer)
- Attorney
- Consultant
- Practioner
Correct answer: Disciplinary authority
Under the ABA Model Rules of Professional Conduct, an attorney is generally prohibited from revealing confidential client information. However, an exception (Rule 1.6(b)(1)) permits disclosure if the attorney reasonably believes it is necessary to prevent reasonably certain death or substantial bodily harm. Therefore, if the attorney's belief about the waste products causing substantial bodily harm was reasonable, they would not be subject to discipline for the disclosure.
Question 3: According to the text, is the attorney subject to discipline?
- Yes, because the attorney received the information in confidence and was not permitted to reveal the information without the company’s consent.
- No, because the attorney reasonably believed that the company’s disposal of the waste products was reasonably certain to cause substantial bodily harm. (Correct answer)
- No, because the attorney reasonably believed that the president was pursuing an imprudent and immoral course of conduct.
- Yes, because the company’s conduct was not intentional.
Correct answer: No, because the attorney reasonably believed that the company’s disposal of the waste products was reasonably certain to cause substantial bodily harm.
Under the "two-dismissal rule," found in Federal Rule of Civil Procedure 41(a)(1)(B) and similar state rules, a second voluntary dismissal of a claim by the plaintiff operates as an adjudication on the merits. This means the plaintiff is barred from refiling the same claim again. Since the plaintiff has already voluntarily dismissed the complaint twice, they cannot successfully file it a third time.
Question 4: Plaintiff filed a civil complaint against Defendant four years ago. This complaint was voluntarily dismissed three years ago. Two years ago, Plaintiff filed the complaint again and voluntarily dismissed it last year. May Plaintiff successfully file the complaint again this year?
- Yes, if the most recent complaint arose out of the conduct, transaction, or occurrence set forth in the previous complaints.
- No, because the most recent complaint is a supplemental pleading requiring permission of the court prior to filing.
- No, because the second voluntary dismissal operated as an adjudication on the merits. (Correct answer)
- Yes, if the statute of limitations has not run.
Correct answer: No, because the second voluntary dismissal operated as an adjudication on the merits.
Subject matter jurisdiction is a fundamental requirement for a court to hear a case and cannot be waived by the parties. A lack of subject matter jurisdiction means the court never had the authority to hear the case in the first place. Therefore, this issue can be raised at any point during the litigation, including for the first time in a post-trial motion or even on appeal, and the court must entertain such a motion.
Question 5: In a timely post-trial motion, Defendant argued for the first time that the trial court lacked subject matter jurisdiction over the case. What action should the court take?
- Entertain the motion, because Defendant can assert lack of subject matter jurisdiction at any time. (Correct answer)
- Entertain the motion, because Defendant can assert lack of subject matter jurisdiction as long as it is raised within 10 days of the judgment.
- Refuse to entertain the motion, because Defendant did not raise lack of subject matter jurisdiction in its answer.
- Refuse to entertain the motion, because Defendant did not raise lack of subject matter jurisdiction at trial.
Correct answer: Entertain the motion, because Defendant can assert lack of subject matter jurisdiction at any time.
The court must address jurisdictional issues even if they are raised for the first time after trial, as the existence of jurisdiction is a prerequisite for any ruling on the merits.
Free FBBE Multistate Professional Responsibility Question and Answers
This phrase refers to the ABA Model Rules of Professional Conduct.