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Unformatted text preview: he will go to court to argue a
m otion for which he will be com pletely unprepared. Johns ton
A.m ay be found to be incom petent becaus e his depres s ion is keeping him from being thorough and properly
preparing for the upcom ing m otion.
B.m ay not be found to be incom petent becaus e s uch a finding requires s om e elem ent of intent.
C.m ay be found to be incom petent only if he has a pattern of incom petence
D.m ay be found to be incom petent only if his depres s ion caus es him to over indulge in alcohol or drugs . Answ er Key: A
Ques tion 3 of 10 10.0/ 10.0 Points Attorney Arken does not handle fam ily law m atters s o when one of his clients (Mrs . Gold) as ks for an attorney to handle her
divorce, Arken recom m ended Sandy Lawyer, a fellow Arken new in high s chool. Sandy is a terrific guy and Mrs . Gold liked him
enorm ous ly. Sandy, however, enjoys s urfing m ore than working and, as a res ult, com pletely bungled Mrs . Gold's divorce
caus ing her to los e her rights to m uch of her hus band's wealth. Mrs . Gold filed a com plaint agains t Arken for "negligent
referral." The likely outcom e of this com plaint is
A.that it will go to trial and the outcom e will depend upon exactly what Arken told Mrs . Gold about Sandy's
B.that it will be dis m is s ed before trial becaus e there is no caus e of action that m akes Arken a guaranty of Sandy's
C.that it will go to trial and the outcom e will depend upon Mrs . Gold's proof that Arken's recom m endation was the
actual and proxim ate caus e of her harm .
D. that it will go to trial and the outcom e will depend on the am ount of harm Mrs . Gold s uffered from Sandy's
incom petence. Answ er Key: B
Ques tion 4 of 10 10.0/ 10.0 Points Clara Paralegal is taking s om e routine inform ation from a new client (Mr. Deal)...
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- Fall '13