Mixed Deck — All WY BAR Topics Flashcards

Under Wyoming professional responsibility rules, imputed disqualification means that:

Answer: If one lawyer in a firm is disqualified, all lawyers in that firm may be disqualified

Wyoming RPC Rule 1.10 imputes most conflicts from one lawyer to all other lawyers associated in the same firm, preventing the firm from circumventing conflict rules.

Under Wyoming UCC Article 9 (secured transactions), a security interest is perfected when:

Answer: Attachment occurs and a financing statement is properly filed

Under UCC Article 9 as adopted in Wyoming, perfection generally requires both attachment (the security interest coming into existence) and filing a financing statement with the Secretary of State.

Under FRE 407, which of the following is the primary purpose for excluding evidence of subsequent remedial measures?

Answer: To encourage defendants to make repairs or improvements after accidents

FRE 407 excludes subsequent remedial measures primarily to encourage persons to make safety improvements without fear the measures will be used against them.

Under FRE 404(a)(2), a criminal defendant may introduce evidence of a pertinent character trait. If the defendant does so, the prosecution may then:

Answer: Rebut with reputation or opinion evidence of the defendant's bad character for that same trait

Once a criminal defendant opens the door by introducing character evidence of a pertinent trait, the prosecution may rebut with reputation or opinion evidence of the defendant's bad character for that same trait.

The Wyoming State Bar's disciplinary authority is exercised primarily through:

Answer: The Board of Professional Responsibility and Wyoming Supreme Court

Wyoming attorney discipline is administered by the Board of Professional Responsibility, with ultimate authority resting in the Wyoming Supreme Court.

Under the Wyoming Rules of Criminal Procedure, the prosecution must disclose material exculpatory evidence to the defense pursuant to:

Answer: Brady v. Maryland and Wyoming Rule 16

Both the constitutional Brady obligation and Wyoming Rule of Criminal Procedure 16 require the prosecution to disclose material exculpatory and impeachment evidence to the defense.

Under Wyoming criminal procedure, a search warrant must be supported by:

Answer: Probable cause supported by oath or affirmation

Wyoming Rule of Criminal Procedure 41 requires that search warrants be supported by probable cause, established by a sworn affidavit describing the place to be searched and items to be seized.

Wyoming's constitutional provision on education requires the legislature to:

Answer: Establish and maintain a complete and uniform system of public instruction

Article 7 of the Wyoming Constitution obligates the legislature to provide for a complete and uniform system of public instruction, from primary through university level.

Under Wyoming law, punitive damages in a civil case require proof of:

Answer: Willful and wanton misconduct or malice

Wyoming courts award punitive damages only when the defendant's conduct was willful and wanton, malicious, or showed reckless disregard for the rights of others.

In Wyoming, the doctrine of res judicata bars relitigation of claims that:

Answer: Were litigated and decided in a prior action between the same parties

Res judicata (claim preclusion) bars relitigation of claims that were or could have been raised in a prior action that reached a final judgment on the merits between the same parties.

Under Wyoming contract law, the statute of frauds generally requires which type of contract to be in writing?

Answer: Contracts that cannot be performed within one year of formation

Wyoming's statute of frauds, like the common law version, requires contracts that cannot be performed within one year of their making to be evidenced by a writing signed by the party to be charged.

Under Wyoming RPC Rule 3.3, a lawyer's duty of candor to the tribunal requires the lawyer to:

Answer: Not make false statements of fact or law to the court

Wyoming RPC Rule 3.3(a)(1) prohibits a lawyer from making knowingly false statements of fact or law to a tribunal.

Under Wyoming criminal procedure, a defendant has the right to a jury trial when facing a potential sentence of:

Answer: More than 6 months incarceration

Under both the Sixth Amendment and Wyoming law, the right to jury trial attaches to offenses carrying a potential sentence exceeding six months.

What is the minimum passing score for the Wyoming Bar Exam (UBE)?

Answer: 270

The Uniform Bar Examination (UBE) is a standardized test used by many jurisdictions, including Wyoming. To pass the Wyoming Bar Exam, an applicant must achieve a minimum scaled score of 270. This score reflects the combined performance across the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and Multistate Performance Test (MPT).

Under Wyoming law, a novation differs from an assignment because a novation:

Answer: Substitutes a new party for an original party with the obligee's consent, releasing the original party

A novation substitutes a new party into the contract and releases the original obligor from liability — unlike an assignment, which transfers rights but does not release the assignor from duties.

Under Wyoming law, the parol evidence rule prohibits introduction of prior or contemporaneous oral agreements that:

Answer: Contradict or vary the terms of a fully integrated written contract

The parol evidence rule bars extrinsic evidence offered to contradict or vary the clear terms of a fully integrated written agreement, though it allows evidence of ambiguity or collateral matters.

Under Wyoming contract law, an exculpatory clause releasing a party from liability for its own negligence is:

Answer: Generally enforceable if clear, unambiguous, and not involving a public duty

Wyoming courts enforce exculpatory clauses when they are clear and unambiguous, entered knowingly, and do not involve a public duty or public policy violation.

Under Wyoming Rules of Professional Conduct, which rule governs the division of fees between lawyers not in the same firm?

Answer: Rule 1.5(e)

Wyoming RPC Rule 1.5(e) permits fee-sharing between lawyers in different firms if the division is proportionate to services rendered or agreed in writing with client consent.

Under Wyoming constitutional law, a person charged with a felony has a right to grand jury indictment unless:

Answer: They expressly waive that right

Article 1, Section 9 of the Wyoming Constitution grants the right to grand jury indictment for felonies, but the defendant may waive this right.

Under Wyoming criminal procedure, the standard for granting bail in non-capital felony cases is:

Answer: A presumption in favor of release, with conditions set to assure appearance and protect the community

Wyoming favors pretrial release under reasonable conditions, with the primary considerations being assuring the defendant's appearance and protecting community safety.