I. Single-choice Questions (This question ***20 sub-topics, each sub-topic is worth 1 point, ***20 points)
Of the four alternative choices listed in each sub-topic, only one meets the requirements of the question, so please fill in the brackets at the end of the question with its code. No marks will be awarded for wrong choice, multiple choice or no choice.
1. The Law of the People's Republic of China on Lawyers was implemented on ( )
A. May 15, 1995 B. January 1, 1997
C. October 1, 1998 D. December 29, 2001
2. The following statements are correct ( )
A. The system of lawyers first appeared in China during the feudal autocratic period. B. Chinese lawyers first appeared in the late Qing Dynasty in the early Republic of China
C. In 1927, the Nanjing National Government formulated the Lawyers' Statute
D. Ancient "litigators" marked the emergence of lawyers' system in China
3. The people who took the national judicial examination in the current year and got a passing grade should apply to the local (city) judicial bureau for a certificate of legal professional qualification. Apply for a legal professional qualification certificate is ( )
A. 15 days from the date of receipt of notification of results
B. 30 days from the date of receipt of notification of results
C. 60 days from the date of receipt of notification of results
D. 6 months from the date of receipt of the notification of results
4. a county in shandong province, lawyer Sun mou to register lawyers license, the registration authority is ( )
A. the county judicial bureau B. the prefecture-level city judicial bureau
C. Shandong Province Department of Justice D. Jinan Municipal Bureau of Justice
5. the following statements are correct ( )
A. lawyers do not enjoy the right to investigate in arbitration
B. lawyers do not enjoy the right of investigation in the mediation
C. lawyers do not have the right to investigate in mediation
C. lawyers do not have the right to investigate in mediation
C. lawyers do not have the right to investigate in mediation
C.
C. Lawyers' right to investigate and the public security organs to enjoy the right to investigate is the same
D. Lawyers to exercise the right to investigate must obtain the consent of the investigated unit or individual
6. Hu was originally a procuratorate procuratorate, 2000 to obtain a lawyer's qualification, and resigned from the procuratorate. 2001, Hu applied to the local judicial bureau to practise law, the Bureau of Justice of the correct () Answer is ( )
A. 2002 years ago can serve as a litigation agent or defender
B. 2002 years ago can practice, but can not serve as a litigation agent or defender
C. 2002 years ago can practice, but can only serve as a non-procuratorate cases handled by litigation agent or defender
D. 2002 years later After 2002, it can serve as the original office of the Procuratorate for the case of the litigation agent or defender
7. Haikou City, Hainan Province, a law firm, in order to expand the business, set up a branch in Jinan City, Shandong Province, it is the department of the application is ( )
A. Hainan Province, the Department of Justice B. Haikou City, Bureau of Justice
C. Jinan City, Bureau of Justice D. Shandong Province, Department of Justice
8. Guo Mou is the legal representative of a limited company, due to the company and its company contract dispute, want to ask a lawyer to represent the lawsuit, he should ( )
A. In the name of an individual and the law firm to sign the proxy agreement
B. In the name of an individual and the lawyer to sign the proxy agreement
C. In the name of the company and the law firm to sign the proxy agreement
D. In the name of the company and the law firm to sign the proxy agreement
D. In the name of the company to sign the proxy agreement
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D. In the name of the company and the lawyer to sign the proxy agreement
9. According to the "Interim Regulations on the Administration of Lawyers' Service Fees", the lawyer's service fee charging methods do not include ( )
A. Hourly fee B. Piece rate fee
C. Successful fee D. Negotiation fee
10. Which of the following subjects can publish lawyer's advertisements? ( )
A．Law firms under suspension
B．Lawyer Zhang, who has been criticized for 10 months
C．Lawyer Sun, who has failed to pass the annual inspection and registration
D．Lawyer Zhao, who has been warned for three years
11．The following behaviors of Song, the lawyer in a law firm, do not fall into the category of unfair competition. The following behaviors of Song, a lawyer of a certain law firm, are not unfair competition ( )
A．Giving clients or referrals "case acceptance fee" to solicit business
B．Publishing advertisements in newspapers to introduce himself as a specialist in handling all kinds of difficult cases such as appeals and enforcement cases
C．Enlarging the social awareness by writing articles and participating in activities such as legislating
D．Luring clients by offering them charges below the stipulated fee rates without any justifiable reason
D． The following about the lawyer to change the practice organization is incorrect ( ）
A. Lawyers change the practice organization, should be in accordance with the provisions of the transfer procedures
B. Lawyers should be transferred to its commitment to keep trade secrets
C. Lawyers transferred to its commitment to keep trade secrets
C. Lawyers can be the original law firms to provide legal services to the client. Is providing legal services to the client to provide legal services
D. Lawyers transfer, shall not be detrimental to the interests of the original law firm
13. Lawyers Association of lawyers in violation of the norms of practice of lawyers in the disciplinary action does not include ()
A. Warning B. Admonition
C. C. Criticism D. Public condemnation
14. Which of the following behaviors of a lawyer does not violate the norms of lawyer-client conflict of interest? ( )
A. In addition to charging fees for legal services, agreeing with the client to sell the subject matter of the dispute to himself after winning the lawsuit
B. With the consent of the client, making use of the information obtained while providing legal services for the client to seek interests detrimental to the client
C. In addition to charging fees for legal services, appointing other people to acquire the subject matter of the litigation for his own relatives, which is the subject matter of the client's dispute with other people
C. The subject matter of the litigation
D. In addition to the legal service fees, commissioned for their relatives to lease the subject matter of the dispute between the client and others
15. Li is a commercial bank's legal adviser, but also served as a development company's legal adviser. A development company to the commercial bank loan, Mr. Lee for the development of the company drafted the loan contract. And the commercial bank asked Li lawyer on the development of the loan company to provide legal advice. The right thing for Mr. Li to do is to ( )
A. reflect the situation to his law firm, and other lawyers in the firm to provide legal advice for the commercial bank
B. explain the situation to the commercial bank, and refuse to provide legal advice
C. explain the situation to the commercial bank, and suggest that another lawyer be hired to provide legal advice
D. explain the situation to the company, and with its consent, it can provide legal advice for the commercial bank. With the consent of the commercial bank can provide legal advice
16. The following about the lawyer witness activities are incorrect ( ）
A. Lawyer witness is a kind of legal application
B. Lawyer witness of legal facts should be the lawyer personally saw
C. Witness attorney issued a certificate of witnessing is a kind of evidence
D. Witness certificate only need to be signed by the witness attorney can be used to provide legal advice. The certificate need only be witnessed by the lawyer's signature can be
17. Hebei Hebei Jixian Liu, passed the national judicial examination in 2002, in the county of a lawyer's office after one year of internship received a lawyer's license. 2004, Liu did not in accordance with the provisions of the annual registration of lawyers' licenses, but still engaged in the litigation agency business as a lawyer, the act of the punishment agency is ( )
A.
A. Hengshui City Bureau of Justice B. Jixian County Bureau of Justice
C. Hebei Provincial Department of Justice D. Jixian County Public Security Bureau
18. For not obtaining a lawyer's qualifications, posing as a lawyer to engage in the conduct of legal services, can not be used as a punitive measure is
( )
A. Warning B. Fines
C. Detention D. Confiscation of the proceeds of the law.
19. Xu lawyer for a civil litigation case, because of the authority of the agent and the client disputes and the dissolution of the agency relationship. Both sides agreed: the law firm to return the fee charged, but the client can not be in any form of complaint to the law firm. Agency fees
20. The following correct statement about the lawyers on behalf of the administrative organs of the litigation is ( )
A. The lawyers on behalf of the right to counterclaim
B. The lawyers on behalf of the defendant's authorization of the administrative organs and enjoy the right to dispose of the entity
C. On behalf of the lawyers on behalf of the defendant to assist in fulfilling the burden of proof
D. On behalf of the lawyers on behalf of the administrative organs of the administrative organs of the administrative organs of the administrative organs of the administrative organs of the administrative organs of the administrative organs of the defendant. The right to collect evidence is not restricted
II. Multiple Choice Questions (This question***10 subquestions, each subquestion is 2 points, ***20 points)
In each subquestion listed in the five alternative options there are two to five are in line with the requirements of the topic, please fill in the brackets after the question with its code. No marks will be awarded for wrong choice, over-choice, under-choice or no choice.
21. The following statements are correct ( )
A. The system of lawyers originated in ancient Rome
B. The system of lawyers originated in ancient Greece
C. The system of lawyers in the United Kingdom is characterized by the binary system of lawyers
D. The United States is also practicing the system of lawyers in the binary system
E. The German lawyers have a complete system of disciplinary action
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22. According to the provisions of the Lawyers Law, the principles of practice of lawyers are ( )
A. abide by the Constitution and the law
B. abide by the professional ethics of lawyers and practice discipline
C. accept the supervision of the client
D. accept the supervision of the community
E. based on the facts, to the law as a criterion
23. The following statements are correct ( )
A．Chinese citizens who are permanent residents of Hong Kong can register for the national judicial examination in the mainland
B．Chinese citizens who are permanent residents of Macao can register for the national judicial examination in the mainland
C．Zhang, who graduated from a law program of a higher education institution in Beijing, can register for the national judicial examination in Beijing
D. Li, an undergraduate student of the history department of a teacher training university in Beijing, can't register for the national judicial examination in Beijing even though he has some legal expertise
E. Sun, a postgraduate student of the history department of a teacher training university, can register for the national judicial examination even though he doesn't have any legal expertise
24. According to the provisions of the law on lawyers, the right of lawyers to work includes (）
A. The right of access to materials related to the case
B. The right to meet with clients whose personal freedom has been restricted
C. The right to communicate with clients whose personal freedom has been restricted
D. The right to appear in court
E. The right to refuse to defend or represent a client
25. According to the relevant provisions of the Lawyers' Law, all rights of lawyers to terminate Lawyers work on behalf of ( )
A. Discovery of insurmountable conflict of interest
B. Negotiation with the client to terminate
C. Lawyers are suspended from practicing law
D. Lawyers are unfit to continue to represent due to health reasons
E. Continuing to represent the lawyers will be in violation of the norms of lawyers
26. Which of the following behaviors violates the code of conduct among peers in a law firm? ( )
A．Impropriety in obstructing the withdrawal of a partner from a firm
B．Spreading false facts to damage the reputation of other law firms
C．Fabricating false facts to discredit other lawyers
D．Using impropriety in obstructing the withdrawal of a lawyer from a firm
E．Taking advantage of the relationship with the judiciary to engage in unfair competition
What is a violation of the code of conduct for law firms among peers? A law firm, without authorization, set up a reception room in a place other than the residence, the applicable penalties ( )
A. Warning
B. Admonition
C. Confiscation of illegal income
D. Suspension of more than three months than one year
E. Revocation of practicing certificates
Without authorization, a law firm is required to set up a reception room outside the residence of the law firm, the penalties applicable ( )
A. warning
B. admonition
C. confiscation of illegal gains
D.
28. lawyers accept the administrative litigation plaintiff entrusted to act as an agent to participate in the litigation to enjoy the rights include ()
A. the right to sue B. the right to participate in the court debate
C. the right to apply for disqualification D. the right to mediation
E. the right to settle
29. the first instance of the case of the public prosecution of the defense lawyers to the victim to collect witnesses and materials related to this case should be ()
30. The material should be ( ）
A. Permission from the people's court
B. Permission from the public security organs
C. Consent of the victim or his close relatives
D. Consent of the witnesses provided by the victim
E. Permission of the Procuratorate
30. In the investigation stage, the lawyer for the suspect to provide legal assistance to the duties of (）
30. )
A. Explaining to the suspect the suspected crime, the sentence, as well as the surrender, merit and other legal provisions
B. Answering the suspect's questions about the rights of litigation and litigation procedures
C. Representing the suspect's complaint
D. Representing the suspect's complaint
E. Applying for bail for the arrested
Three Terms
Three Terms
E.
Three, terminology questions (this big question *** 4 small questions, each sub-topic 3 points, *** 12 points)
31. lawyers credentials
32. lawyers criminal defense
33. lawyers civil liability
34. legal aid
Four, short answer (this big question *** 3 small questions, each sub-topic 6 points, ****)
Three, short answer (this big question *** 3 small questions, each sub-topic 6 points, **** 18 points)
35. What are the contents of lawyer management?
36. lawyers in what circumstances can refuse to defense, representation?
37. lawyers representing civil litigation and general civil representation of the difference?
V. Discussion questions (this big question ***1 small questions, 10 points)
38. Try to explain the legal status of lawyers in public prosecution cases.
Six, case study questions (this big question ***2 small questions, 10 points each, ***20 points)
39. Jiang was sentenced to ten years in prison for robbery by the court of first instance appealed. Jiang's mother saw an advertisement in the newspaper for lawyer Hu, who specializes in criminal lawsuits, and approached him. Lawyer Hu said he has many years of experience in handling criminal appeal cases, the success rate of more than 95%, and the second instance court contractor judge is his classmate, there is a certainty to fight for a change of sentence. The lawyer proposed by Hu, Jiang mother agreed to hire Hu as Jiang's second instance defender, the lawyer's fee of 20,000 yuan, if the verdict of innocence is another 50,000 yuan, a suspended sentence is another 30,000 yuan. At the hint of Jiang's lawyer, Jiang's mother went to do the victim's work, hoping to be private, and pay 40,000 yuan if the testimony is changed. According to the above facts, what behaviors of lawyer Hu violated the code of conduct for the practice of law? How should be punished?
40. city A Zhang to city B to buy goods, due to quality problems, Zhang refused to pay all the goods, the two sides dispute, the owner of the goods to the public security organs. City B public security organs will be suspected of fraud, Zhang has purchased the goods detained, and Zhang to take the detention of interrogation review measures. Ten days after the release of Zhang, but did not return the detained property. Zhang wanted to file an administrative lawsuit. If you are Zhang's lawyer, you should do what work?