Mixed Deck — All AZ BAR Topics Flashcards

Under Arizona Rules of Civil Procedure, a defendant must generally answer a complaint within how many days after service?

Answer: 30 days

Under Arizona Rules of Civil Procedure Rule 12(a), a defendant must serve an answer within 20 days after service of the summons and complaint (30 days in some circumstances).

The best evidence rule (FRE 1002) requires that, to prove the content of a writing, recording, or photograph, a party must produce:

Answer: The original document or an admissible duplicate

FRE 1002 requires production of the original writing, recording, or photograph to prove its contents unless an exception applies.

Ex parte communications with a judge by a lawyer are:

Answer: Prohibited except as authorized by law or court order

Rule 3.5 prohibits ex parte communications with judges except as authorized by law or court order, to protect the integrity and impartiality of the judicial process.

Promissory estoppel is available as a substitute for consideration when:

Answer: A party detrimentally relies on a promise and injustice can only be avoided by enforcement

Promissory estoppel enforces a promise lacking consideration when there is a clear promise, foreseeable and actual detrimental reliance, and injustice cannot otherwise be avoided.

Under the doctrine of completeness (FRE 106), if a party introduces part of a writing, the opposing party may require introduction of:

Answer: Any other part of the writing that fairness requires to be considered at the same time

FRE 106 allows the opposing party to introduce any remaining portions of the document that in fairness ought to be considered together with the admitted portion.

In Arizona state courts, venue is generally proper in the county where:

Answer: The defendants reside or where the cause of action arose

Arizona venue rules generally allow suit in the county where any defendant resides or where the claim or cause of action arose.

Under Strickland v. Washington, a defendant claiming ineffective assistance of counsel must prove:

Answer: That counsel's performance was deficient and that the deficiency prejudiced the defense

Strickland requires the defendant to show both that counsel's performance fell below an objective standard of reasonableness and that there is a reasonable probability the outcome would have differed but for the errors.

Under Arizona civil appellate procedure, a notice of appeal from a final judgment in a civil case must generally be filed within:

Answer: 30 days of the judgment

Under Arizona Rule of Civil Appellate Procedure 9(a), a notice of appeal from a final judgment in civil cases must be filed within 30 days after entry of judgment.

The double jeopardy clause of the Fifth Amendment prohibits:

Answer: A second trial after acquittal, a second trial after conviction, and multiple punishments for the same offense

The Double Jeopardy Clause protects against a second prosecution for the same offense after acquittal or conviction, and against multiple punishments for the same offense.

Under the Arizona Rules, a lawyer who learns that another lawyer has committed a violation that raises a substantial question of honesty, trustworthiness, or fitness:

Answer: Must inform the appropriate professional authority

Rule 8.3 mandates that a lawyer who knows of another lawyer's violation raising a substantial fitness question must report it to the appropriate disciplinary authority.

A motion for summary judgment should be granted when:

Answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law

FRCP 56 permits summary judgment only when there is no genuine dispute about any material fact and the moving party deserves judgment as a matter of law.

Federal diversity jurisdiction requires:

Answer: Complete diversity of citizenship and an amount in controversy exceeding $75,000

28 U.S.C. § 1332 requires complete diversity (no plaintiff and defendant share citizenship) and an amount in controversy exceeding $75,000.

The Confrontation Clause of the Sixth Amendment limits admission of which type of hearsay statements in criminal cases?

Answer: Testimonial hearsay statements from unavailable declarants who were not cross-examined

After Crawford v. Washington, the Confrontation Clause bars admission of testimonial hearsay unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.

An assignment of contract rights:

Answer: Transfers the assignor's rights to the assignee, extinguishing them in the assignor

An assignment transfers the assignor's contractual rights to the assignee; the assignor's rights are extinguished and the assignee steps into the assignor's shoes.

Under Rule 4.2, a lawyer may NOT communicate about the subject of representation with:

Answer: A person the lawyer knows is represented by counsel in the matter, without that counsel's consent

Rule 4.2 prohibits direct communication with a represented person about the subject of the representation without the consent of that person's counsel.

In federal court, a jury trial is preserved by the Seventh Amendment for:

Answer: Suits at common law where the value in controversy exceeds $20

The Seventh Amendment preserves the right to jury trial in suits at common law where the amount exceeds $20, as understood at common law in 1791.

Which of the following is a basic eligibility requirement to take the Arizona Bar Exam?

Answer: You must have graduated from an American Bar Association (ABA)-accredited law school.

A fundamental eligibility requirement for taking the Arizona Bar Exam, like most state bar exams, is graduation from a law school accredited by the American Bar Association (ABA). This ensures that applicants have received a standardized and recognized legal education. Other requirements, such as the MPRE, are separate but also necessary.

Which of the following is required for an attorney seeking admission on motion in Arizona?

Answer: The attorney must pass a character and fitness evaluation.

Regardless of whether an applicant is taking the bar exam or seeking admission on motion, all candidates for admission to the Arizona Bar must undergo and pass a comprehensive character and fitness evaluation. This rigorous process assesses an applicant's integrity, honesty, and overall suitability to practice law, ensuring public protection and maintaining the profession's standards.

Under Rule 1.15, a lawyer must:

Answer: Keep client funds separate from the lawyer's own funds in a client trust account

Rule 1.15 requires lawyers to keep client funds in a separate trust account and to maintain complete records of those funds.

Which of the following is NOT a required element of false imprisonment?

Answer: The plaintiff must be aware of the confinement at the time it occurs

Under the majority rule and the Restatement, the plaintiff need not be aware of the confinement at the time if actual harm results; awareness at the time of confinement is not an absolute requirement.