How did the Articles of Confederation’s approach to interstate commerce and taxation lead to its failure?

18.  Attorney is a well-known criminal defense lawyer.  Attorney is representing two defendants (Defendant A and Defendant B) in the same drug case.  Each defendant is charged with trafficking cocaine, and Attorney believes he can represent both defendants’ interests.  Defendant A has two prior drug convictions, while Defendant B has a clean record.  Can Attorney represent both defendants?

15. Burke is one of two partners in the five-attorney firm of Burke & Quirk.  Burke represents J&J Corp. in a trademark infringement against JNJ Corp.  Burke interviews a former JNJ Corp. employee, Donald, who told him that the Board of Directors of JNJ Corp. knew how similar the name JNJ Corp. would be to J&J Corp., but wanted to use that to help market its baby products in stores.  One week after the interview, Donald dies.  In initial disclosures, Burke lists Donald as a witness.  Since Donald died, JNJ Corp.’s counsel goes to court to obtain Burke’s notes on his interview with Donald.  How should the court rule?

4. A prosecutor was working on a high-profile case involving a rock star who is accused of hiring a hit man to kill his wife. At the same time, the prosecutor was negotiating a legal consultant position with a cable television network. Before the network would make a decision about hiring the prosecutor, the network wanted to see how the public responded to the prosecutor on camera while she litigated the case against the rock star. While the prosecutor was interviewing witnesses in preparation for trial, one of the key witnesses recanted his statement that he had seen the rock star deliver a bag full of cash to another man at a local bar right before the rock star’s wife was murdered. Given the loss of that key testimony, the prosecutor did not think that she had enough evidence to tie the rock star to his wife’s murder.   However, the prosecutor was concerned that dropping the high profile case would greatly lessen her chances of transitioning to a broadcasting career.  Which of the following correctly states the prosecutor’s duty?

21.  Client needs to file for bankruptcy.  Client is a single mother, unable to pay her mortgage, car payment, or credit card bills.  She received a notice from the power company threatening to turn off her electricity unless the overdue bills are paid.  Attorney agrees to help Client by filing the bankruptcy petition pro bono. Client asks Attorney to give her a small amount of money to help buy food and medicine for her child, but Attorney offers instead to lend her some money to buy what she needs.  In exchange, Attorney asks Client out on a date.  Is Attorney subject to discipline?

7.  Criminal defense lawyer Larry agreed to represent defendant Dan at Dan’s trial for arson.  Larry and Dan orally agreed on the following attorney fee arrangement. If Dan is acquitted, the fee would be $25,000. If Dan were convicted of any lesser included offense, the fee would be $5,000. If Dan is convicted of arson, the fee would be $500. Larry further agreed to advance all litigation expenses, subject to Dan’s promise to repay Larry whatever the outcome of the case. Which of the following statements is/are correct?  I, Larry is subject to discipline for not putting the fee agreement in writing. II. It was proper for Larry to agree to advance the litigation expenses. III. Larry is subject to discipline for charging a contingent fee. IV. It was proper for Larry to require Dan to repay the advanced litigation expenses whatever the outcome of the case.

24.  Sally is an experienced family law attorney, but she has only occasionally handled work in other areas.  One of Sally’s clients requests her help in establishing several trusts that will provide income to the client and the client’s children while also increasing the principal invested.  Sally really is not quite sure how to achieve the client’s goals, but her caseload is light at the moment and the client has offered to pay a handsome sum for her services. Which of the following would be Sally’s best course of action?

PART II: ESSAYS (TWO HOURS)31. Essay 1 (1/3 of Exam Grade) – Answer according to both the American Bar Association Model Rules of Professional Conduct and California authorities Paul is a general practitioner with his own law firm.  Paul has been very busy, so he decides to hire an associate, Al, a former deputy district attorney.  One of Paul’s clients is Cal.  Cal is charged with the brutal murder of the city’s mayor (an apparently violent death as a result of blunt force trauma to the head), but police have never been able to find the murder weapon.  Prior to trial, Paul met with Cal in jail.  Cal told Paul the following: “If somebody was to take a stroll in the City Park, and then go behind the women’s public restroom, that person may be able to find a baseball bat.”  On his way home from the jail, Paul stops by the City Park.  He proceeded to walk toward the back of the women’s public restroom, where he found a baseball bat buried under a pile of leaves.  There were some red stains on the baseball bat.  Paul saw a group of children playing in the nearby baseball field, so cleaned the baseball bat and gave it to one of the kids.   While Paul was handling Cal’s murder trial, he assigned all of the civil litigation cases in his office (one hundred total) to Al.  Due to the volume of the civil litigation cases, Al fails to file an answer to a complaint on time, and default judgment is entered against Paul’s client.  Since Al was inundated with all of the civil litigation cases, he [Al] forgot to tell Paul that he was the lead deputy district attorney assigned to the murder investigation of the mayor prior to joining Paul’s law firm.  At the conclusion of Cal’s murder trial, Paul tells the jury in his closing statement that they must acquit Cal of the murder charges because the prosecution has not proven that Cal murdered the mayor, and that the prosecution could not even produce the purported murder weapon.     Are Paul and/or Al subject to discipline?  Discuss.

Cyanobacteria are photosynthetic prokaryotic cells.

The G0 phase occurs