FREE FBBE Multistate Professional Responsibility Question and Answers

Question 1

This phrase refers to the ABA Model Rules of Professional Conduct.

Accepted Answer

Subject to discipline

Answer

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.

Accepted Answer

Disciplinary authority

Answer

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?

Accepted Answer

No, because the attorney reasonably believed that the
company’s disposal of the waste products was reasonably certain to cause substantial bodily harm.

Answer

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?

Accepted Answer

No, because the second voluntary dismissal operated as an adjudication on the merits.

Answer

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?

Accepted Answer

Entertain the motion, because Defendant can assert lack of subject matter jurisdiction at any time.

Answer

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.

FBBE - Florida Board of Bar Examiners Practice Test

FBBE - Florida Board of Bar Examiners Practice Test

FREE FBBE Multistate Professional Responsibility Question and Answers