Who presides over an administrative proceeding and decides questions of law and fact?
A) A trial paralegal
B) A trial judge
C) An administrative lawyer
D) An administrative law judge
D
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To claim discrimination based on national origin one can
a. be a national of the country in question b. be an immigrant c. be descended from immigrants d. all of the above
Receiver
What will be an ideal response?
During an operation, defendant physician, is negligent for failure to supervise and a piece of gauze is harmlessly left inside the plaintiff. While in the hospital, plaintiff contracts a staph infection and dies. In a suit by plaintiff's heirs against the physician for negligence, the likely result is:
a. The physician will be liable for anything that happens to his patient during the patient's hospital stay. b. The physician may have been negligent for failing to remove the piece of gauze, but that negligent omission was not the actual cause of the plaintiff's death. c. The physician is negligent using the "But For" rule. d. The physician is not liable because the physician had no duty as a matter of law.
Apolonia Paralegal's father owns a golf and tennis pro shop at a local golf club. Apolonia's law firm typically gets sports-types gifts wholesale (through Apolonia's dad) and gives them to the local court personnel at Christmas. This practice
A) is fine so long as Apolonia's firm does not ask for anything special from the court personnel. B) is fine so long as this is the custom and practice in that town, city or area. C) is not a good idea because seeking to influence court personnel by giving them gifts is a violation of the Rules of Professional Conduct. D) is fine because gifts are standard practice for Christmas.