101507081-legal-ethics-mcq-2f.doc

7/28/2019 101507081-Legal-Ethics-Mcq-2f.doc

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UNIVERSITY OF BOHOL

COLLEGE OF LAW

Tagbilaran City

BAR OPERATIONS 2012

MCQ IN LEGAL ETHICS

2nd Batch

1. The power of the Supreme Court to regulate the practice of law includes the

following except:

A. Prescribe the qualifications of a candidate

B. Decide who will be admitted to practice

C. Discipline, suspend or disbar any member unfit and unworthy of the bar

D. Exercise overall supervision of the legal profession including lawyers

ANS: D

2. Who among the following is not exempt from the required MCLE?

A. Deans

B. Bar reviewers

C. Professor of laws

D. Assistant secretaries of the DOJ

ANS: C

3. First statement: A lawyer may allow his client to dictate the procedure in

handling the case

Second Statement: A lawyer is not mandated to charge fair and reasonable

fees


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A. Only first statement is correct

B. Only second statement is correct

C. Both statements are correct

D. Both statements are not correct

ANS: D

4. An RTC judge must possess the following except:

A. Citizen of the Philippines

B. At least 35 years old

C. Must have been for 10 years engaged in the practice of law

D. Must be a person of proven competence, integrity, probity and

independence

ANS: D

5. A branch of moral science which treats of the right and proper conduct to be

observed by all judges and magistrates in trying and deciding controversies

brought to them for adjudication which conduct must be demonstrative of

impartiality, integrity, competence, independence and freedom from

improprieties.

A. Legal Ethics

B. Judicial Ethics

C. Code of Professional Responsibility

D. Code of Judicial Ethics

ANS: B

6. The IBP Board of Governors may initiate and prosecute proper charges

against erring attorneys including those in the government by any of the

following means, except:

A. Moto propio


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B. Upon referral by the SC

C. At the instance of any person

D. By an unverified complaint

ANS: D

7. ____________ fee is conditioned on securing a favorable judgment and

recovery of money or property and the amount of which may be on

percentage basis.

A. Absolute

B. Fixed

C. Contingent

D. Retainer

ANS: C

8. A lawyer may be employed as counsel by the client by any of the following

ways, except:

A. Orally

B. Expressly

C. Impliedly

D. Written

ANS: D

9. A conduct which is unquestionably so corrupt as to constitute a criminal

liability, so unprincipled as to be reprehensible to a high degree, and

committed uder such scandalous and revolting circumstances.

A. Estafa

B. Gross immorality

C. Immoral conduct


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D. Gross ignorance

ANS: B

10.A lawyers responsibility to himself and society includes the following duties,

except:

A. Duty to be an efficient lawyer

B. Duty to keep abreast of legal developments

C. Duty to uphold the constitution

D. Duty of professional courtesy

ANS: D

11.An attorney whose name is entered in the records of an action or suit as the

lawyer of the designated party.

A. Counsel de officio

B. Counsel

C. Attorney of record

D. Legal counsel

ANS: C

12.An association of members of the legal profession like the Integrated Bar of

the Philippines where membership is integrated or compulsory.

A. Bar association

B. Bar union

C. Lawyers club

D. Legal group

ANS: A

13.First statement: A lawyer shall not directly or indirectly assist in the

unauthorized practice of law.


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Second statement: A lawyer shall not delegate to any unqualified person the

performance of any task which by law may only be performed by a member

of the bar in good standing.





ANS: C

14.It is an act taken against the lawyer that he shall not state nor imply that heis able to influence any public official, tribunal or legislative body.

A. Forum shopping

B. Influence peddling

C. Ambulance chasing

D. Filibustering

ANS: B

15.One where the lawyer stipulates with his client in the prosecution of the case

that he will bear all 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 as compensation.

A. Contingent fee

B. Champertous contract

C. Retainer agreement

D. Innominate contract

ANS: B

16.It is a failure to do something ordered by the court for the benefit of a party.


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A. Direct contempt

B. Indirect contempt

C. Civil contempt

D. Criminal contempt

ANS: C

17.An officer who is not fully invested with all the powers and duties conceded to

judges, but exercising the office of a judge under some color or right.

A. De jure judge

B. De facto judge

C. Legitimate judge

D. Illegitimate judge

ANS: B

18.First statement: Impeachment proceedings against Supreme Court Justices

are penal in nature.

Second statement: In the judiciary, only Supreme Court Justices are subject

to impeachment.





ANS: B

19.The temporary withholding of a lawyers right to practice his profession as a

lawyer for a certain period or for an indefinite period of time.


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A. Suspension

B. Reprimand

C. Admonition

D. Warning

ANS: A

20.A fee payable not to the lawyer but to the client unless there is an agreement

that the award shall pertain to the lawyer as an additional compensation.

A. Ordinary fee

B. Extraordinary fee

C. Attorneys fee

D. General retainer

ANS: B

21.One committed away from the court involving disobedience of or resistance

to a lawful writ, process, order, judgment or command of the court, or

tending to belittle, degrade, obstruct, interrupt or embarrass the court.

A. Direct contempt


C. Civil contempt


ANS: B

22._______________ refers to the knowledge of the attorney imputed to the client,

while the former is acting within the scope of his authority.

A. Presumption of authority

B. Doctrine of imputed knowledge

C. Authority of a lawyer


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D. Pleading preparation

ANS: B

23.Any inexcusable, shameful or flagrant, unlawful conduct on the part of the

person concerned in the administration of justice which is prejudicial to the

rights of the parties or to the right determination of a cause, a conduct by a

predetermined, obstinate, or intentional purpose.

A. Gross immoral conduct

B. Gross ignorance of the law

C. Gross misconduct

D. Crime involving moral turpitude

ANS: C

24.An act or fact putting one on his guard against an impending danger, evil

consequence or penalty.

A. Suspension

B. Reprimand

C. Admonition

D. Warning

ANS: D

25.The term ________ means as much as the lawyer deserves or such amount as

his services merit.

A. Contingent fee

B. Champertous contract

C. Retainer agreement

D. Quantum meruit

ANS: D


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26.It is a conduct which is willful, flagrant, or shameless, and shows a moral

indifference to the opinion of the good and respectable members of the

community.

A. Gross immorality

B. Gross ignorance

C. Immoral affair

D. Immoral conduct

ANS: C

27.A type of lien referring to a right to retain the funds, documents and papers

against the client until the attorneys fees is fully paid.

A. Attorneys lien

B. Charging lien

C. Retaining lien

D. Clients lien

ANS: C

28.Remedies against the unauthorized practice of law are the following, except:

A. Declaratory relief

B. Petition for injunction

C. Contempt of court

D. Mandamus

ANS: D

29.Appearance by a lawyer in his own behalf refers to a _____________.



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B. Titulo de abogado

C. Pro se

D. Legal counsel

ANS: C

30.Which of the following duties is not a responsibility of a lawyer to himself and

to the court?

A. Duty not to influence the judges

B. Duty to withdraw services for good cause only and upon notice

C. Duty to give respect to the courts

D. Duty to assist in the speedy administration of justice

ANS: B

31.A member of the legislature may not accept an appointment in an office

which was created nor had emoluments increased during the lawmakers

term of office.

A. Forbidden office

B. Incompatible office

C. Unauthorized office

D. Illegal office

ANS: A

32.____________ consists of any conduct directed against the authority or dignity

of the court.

A. Direct contempt


C. Civil contempt


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ANS: A

33.The following offices are authorized to investigate disbarment cases, except:

A. Supreme Court

B. Court of Appeals

C. Integrated Bar of the Philippines

D. Office of the Solicitor General

ANS: B

34.It refers to the prohibited act if filing repetitious suits in different courts.

A. Ambulance chasing

B. Barratry

C. Forum shopping

D. Multiple actions

ANS: C

35.First statement: A lawyer shall refrain from talking to his witness during a

break or recess in the trial while the witness is still under examination.

Second statement: A lawyer is allowed to talk to his witness during a break or

recess in the trial while the witness is still under examination.

A. Only the first statement is correct

B. Only the second statement is correct



ANS: A


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36.An equitable right to have the fees and lawful disbursements due a lawyer for

his services in a suit secured to him out of the judgment for the payment of

money and executions issued pursuance thereof in a particular suit:

A. Professional fees

B. Charging lien

C. Attorneys lien

D. Legal fees

ANS: B

37.Which of the following duties is not a duty of the lawyer to the society?

A. Duty to support the improvement of the legal system

B. Duty of honest and dignified pronouncement of legal service

C. Duty to uphold the laws

D. Duty to serve with diligence

ANS: D

38.Conduct which is willful, flagrant, shameless and shows moral indifference tothe opinion of the good and respectable members of the community.

A. Gross immoral conduct

B. Gross ignorance of the law

C. Gross misconduct

D. Crime involving moral turpitude

ANS: A

39.A public and formal censure or severe reproof, administered to person at

fault, by his superior officer or the body to which he belongs.

A. Suspension


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B. Reprimand

C. Admonition

D. Warning

ANS: B

40.First statement: disbarment proceedings against lawyers are sui generis.

Second statement: disbarment proceedings are confidential.





ANS: C

41.The following are the qualifications of the Supreme Court and Court of

Appeals Justices, except:

A. Natural born citizen


C. Must have been a judge of the lower court or engaged in the practice of

law for 15 years or more


independence

ANS: B

42.Implies negligence, incompetence, ignorance, and carelessness of a judge.

A. Serious misconduct

B. Inefficiency


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C. Incompetence

D. Gross ignorance

ANS: B

43.Any member may voluntarily terminate his membership by filing a verifiednotice to such effect with the Secretary of the IBP, who shall bring the matter

to the attention of the SC.

A. Suspension

B. Resignation

C. Retirement

D. Impeachment

ANS: B

44.Appointed by a court whose duty is to attest to the genuineness of any deed

or writing in order to render them available as evidence of facts therein and

who is authorized by the statute to administer oath.


B. Counsel de parte

C. Private prosecutor

D. Notary public

ANS: D

45.This refers to a transgression of any provision of law which need not be a

penal law.


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A. Unlawful conduct

B. Moral turpitude

C. Gross ignorance

D. Gross misconduct

ANS: A

46.Any activity in or out of court which requires the application of law, legal

procedure, knowledge, training and experience.

A. Criteria for the practice of law

B. Practice of law

C. Regulation of practice of law

D. Nature of the practice of law

ANS: B

47.First statement: a lawyer shall serve his client with competence and

diligence.

Second statement: a lawyer shall account for all the money or property

collected or received for or from the client.




D. Both statements are wrong

ANS: C

48.An attorney-client relationship does not include which of the following

characteristics?

A. Strictly personal

B. Highly confidential


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C. Fiduciary in nature

D. Purely business

ANS: D

49.Imports an act of business, vileness, or depravity in the duties which oneperson owes to another or to society in general which is contrary to the

usually accepted and customary rule of right and duty which a person should

follow.

A. Unlawful conduct

B. Moral turpitude

C. Gross ignorance

D. Gross misconduct

ANS: B

50.It focuses on each particular case and seeks to insure the ability to decide

cases with autonomy within the constraints of the law.

A. Individual judicial independence

B. Independent in fact

C. Independent in appearance

D. Institutional judicial independence

ANS: A

51.The following qualifications are required of MTC judges, except:



C. Must have been for 5 years engaged in the practice of law


independence


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ANS: D

52.One who is exercising the office of a judge as a matter of right, an officer of a

court who has been duly and legally appointed.

A. De jure judge

B. De facto judge

C. Legitimate judge

D. Illegitimate judge

ANS: A

53.First statement: Disbarment proceedings are neither civil nor criminal.

Second statement: Disbarment proceedings are imprescriptible.





ANS: C

54.This means the readmission to membership in the Bar and the restoration to

a disbarred lawyer the privilege to practice law.

A. Petition to take the oath

B. Reinstatement

C. Signing in the Roll of Attorneys

D. Oath ceremony

ANS: B


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55.___________ refers to an official reprimand.

A. Probation

B. Interim suspension

C. Disbarment

D. Censure

ANS: D

56.A sanction that allows a lawyer to practice law under specified terms.

A. Probation


C. Disbarment

D. Censure

ANS: A

57.Consists of misbehavior in the presence of or so near the court or judge as to

interrupt or obstruct the proceedings before the court or administration of

justice.

A. Direct contempt


C. Civil contempt


ANS: A

58.One who acts as attorney for a business though as an employee of that

business and not as an independent lawyer.


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A. In house or house counsel

B. Lawyer

C. Lead counsel

D. Collaborating counsel

ANS: A

59.The following public officials are with restrictions in the practice of law,

except:

A. Senators

B. City councilor

C. Retired justice

D. Congressmen

ANS: B

60.Remedies against the unauthorized practice of law include the following,

except:

A. Complaint for estafa

B. Administrative complaint

C. Disqualification and disbarment proceeding

D. Specific performance

ANS: D

61.The lawyers first duty is to the:

A. Law

B. State


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C. Client

D. Court

ANS: D

62.First statement: Judges must also keep abreast of the laws, rulings, anddoctrines of the Supreme Court.

Second statement: Judges are also bound by the Code of Professional

Responsibility.





ANS: C

63.The best advertisements for a lawyer is through a/an:

A. Newspaper

B. Public launching of a law office

C. Well deserved reputation and competence, honesty and fidelity to private

trust and public duty

D. Extravagant lifestyle

ANS: C

64.An offense of frequently exciting and stirring up quarrels and suits, either at

law or otherwise.


B. Barratry

C. Tempering client


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D. Filibustering

ANS: B

65.__________ refers to the formenting of litigation with resulting burdens on thecourts and the public.


B. Barratry

C. Tempering client

D. Filibustering

ANS: A

66.The lawyers primary duty is to the:

A. Law

B. State

C. Client

D. Constitution

ANS: D

67.The power of admission to the practice of law by the Supreme Court is a/an:

A. Inherent power

B. Constitutional power

C. Lawful power

D. Significant power

ANS: B

68.A lawyer named and appointed by the court to represent a party, usually an

indigent defendant, in a criminal case.


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A. Trial lawyer

B. Litigation lawyer

C. Attorney-at-law

D. Counsel de officio

ANS: D

69.Literally means friend of court.

A. Trial lawyer

B. Litigation lawyer

C. Amicus Curiae

D. Legal counsel

ANS: C

70.A branch of moral science which treats of the duties which an attorney owes

to the coirt, to his client, to his colleagues in the profession, and to the public.

A. Judiciary

B. Legal Ethics

C. Legal Science

D. Ethical Standards

ANS: B


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71.A general term referring to a person trained in the law and authorized to

advise or represent others in legal matters.

A. Client

B. Judge

C. Lawyer

D. Professor of law

ANS: C

72.The class of persons who are by license, officers of the courts empowered to

appear, prosecute and defend, and upon whom peculiar duties,

responsibilities and liabilities are developed by law as a consequence.

A. Trial lawyers

B. Litigation lawyers

C. Attorneys-at-law

D. Legal counsels

ANS: C

73.It is a temporary suspension of a lawyer from the practice of law pending

imposition of discipline.

A. Probation


C. Disbarment

D. Censure

ANS: A


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74.The means to ensure that throughout the lawyers career, they keep abreast

with the law and jurisprudence, maintain the ethics of the profession and

enhance the standards of the practice of law.

A. Refresher course

B. Mandatory continuing legal education

C. Mandatory legal service

D. Master of laws degree conferment

ANS: B

75.First statement: An applicant must show that no charges against himinvolving moral turpitude have been filed or pending in a court in the

Philippines.

Second statement: The question as to whether an offense involves moral

turpitude is not for the Supreme Court to decide.





ANS: A

76.The Rules of Court provide for the following requirements before one can be

admitted to the bar. Which is not a requirement?


B. Earned degree from a reputable law school

C. At least 21 years of age

D. A person of good moral character


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ANS: B

77.First statement: Unauthorized practice on the part of the person whoassumes to be an attorney causing damage to another is considered estafa.

Second statement: A government official prohibited to practice law may be

held criminally liable.





ANS: C

78.All of the following are prohibited to engage in the practice of law, except:

A. Governors

B. Municipal mayors

C. City mayors

D. Sanggunian members

ANS: D

79.First statement: The negligence of a member in the law firm is the negligence

of the firm.

Second statement: The name of the partner should be dropped from the firm

name when he accepts public office.


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ANS: C

80.An experienced lawyer, usually a retired member the judiciary, employed y

law firms as consultant.

A. Pro se

B. Titulo de abogado

C. Of counsel

D. Counsel de officio

ANS: C

81.A gentle or friendly reproof, mild rebuke, warning, reminder or counseling on

fault, error or overnight, an expression of authoritative advice.

A. Suspension

B. Reprimand

C. Admonition

D. Warning

ANS: C

82.It is the temporary suspension of a lawyer from the practice of law pending

imposition of final discipline.


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A. Probation


C. Disbarment

D. Censure

ANS: B

83.It is the act of the Philippine Supreme Court of withdrawing from an attorney

the right to practice law. The name of a lawyer is stricken out from Roll of

Attorneys.

A. Probation


C. Disbarment

D. Censure

ANS: C

84.Judges and justices must conduct themselves as to be beyond reproach and

suspicion, and be free from appearance of impropriety in their personal

behavior not only in the discharge of official duties but also in their everyday

lives.

A. Attitude towards counsel

B. Attitude towards fellow judges

C. Proper judicial conduct

D. Proper legal conduct

ANS: A

85.A pre-requisite to the rule of law and a fundamental guarantee of a fair trial.


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A. Judicial independence



D. Independent in fact and appearance

ANS: A

86.Focuses on the independence of the judiciary as a branch of government and

protects judges as a class.

A. Individual judicial independence



D. Institutional judicial independence

ANS: D

87.Implies malice or wrongful intent not a mere error of judgment.

A. Serious misconduct

B. Inefficiency

C. Incompetence

D. Gross ignorance

ANS: A

88.The title attorney is reserved to those who met the prescribed requisites,

which of the following requisites is not required?

A. Have successfully taken the bar


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B. Have been admitted to the Integrated Bar

C. Members of good standing

D. Have obtained the necessary degree

ANS: D

89.First statement: A lawyer has the privilege and the right to practice law

during good behavior before any judicial, quasi-judicial or administrative

tribunal.

Second statement: An attorney enjoys the presumption of regularity in the

discharge of his duty.





ANS: C

90.First statement: The rights and privileges which an attorney enjoys as an

officer of the court are as necessary for the proper administration of justice

as for the protection of the attorney and not his client.

Second statement: An attorney has other privileges than those which are

inherent in his status as a quasi-judicial officer.





ANS: B

91.First statement: The rules and ethics of the legal profession demand that anattorney subordinate his personal and private duties to those which he owes

to the court and the public

Second statement: An attorney assumes his obligations to the public as an

officer of the court before he ever has a client.



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ANS: C

92.These characteristics make the law a noble profession and the privilege to

practice it is bestowed only upon individuals who are competent of the

following aspects, expect:

A. Intellectually

B. Academically

C. Morally

D. Spiritually

ANS: D

93.All of the following statements are not correct, except:

A. Law advocacy is not capital that yields profit.

B. The returns are simple rewards for a job done or service rendered.

C. Law is a branch of the administration of justice.

D. The legal profession is a money-making trade.

ANS: D

94.Which of the following statements is true?

A. A litigant is ordinarily versed in the law and its intricacies.

B. A litigant who is a lawyer is not expected to know the rules and the law.

C. A relation to clients is in some degree of fiduciary.


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D. The practice of law may only be exercised by natural persons.

ANS: D

95.A party litigant needs the assistance of counsel in all proceedings, except in

__________ proceedings.

A. Administrative

B. Civil

C. Criminal

D. Labor

ANS: D

96.First statement: No custodial investigation can be conducted unless it be in

the presence of counsel engaged by the person arrested or appointed by the

court upon petition either of the detainee himself or by anyone on his behalf.

Second statement: While he may waive his right to counsel, such waiver to

be valid and effective need not be made with the assistance of a counsel.





ANS: A

97.The following statements constitute practice of law, except:

A. Implies customarily or habitually holding oneself out to the public as a

lawyer.

B. Teaching law or writing law books or articles.

C. Practice is more than an isolated appearance.


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D. When one sends circular announcing the establishment of a law office for

the general practice.

ANS: B

98.A lawyer to remain in good and regular standing must comply with the

following requirements for the practice of law, except:

A. Regularly pay all IBP membership dues and other lawful assessments as

well as annual privilege tax.

B. Faithfully observe the rules and ethics of the legal profession.

C. Continually subject to judicial disciplinary control.

D. Must practice in the government of the Philippines.

ANS: D

99.First statement: the practice of law is not a natural, property or constitutional

rights but a mere privilege.

Second statement: practice of law is in the nature of franchise conferred only

for merit which must be earned by hard study, learning and good conduct.





ANS: C


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100. A judge should be the embodiment of:

A. Financial stability

B. Partiality

C. Incompetence

D. Independence

ANS: D

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