Practice Quiz

Paralegal

Category - Ethics

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Under Model Rule 3.1, a lawyer must have non-frivolous basis in fact and law before bringing or defending a claim or issue. Rule 3.1, however, also states that, in a criminal case, a defendant is not prevented from ______________________.
  1. Asserting the Fifth Amendment right to counsel established under Miranda.
  2. Asserting the Sixth Amendment right to confront witnesses.
  3. Requiring that a public defender provide effective assistance of counsel.
  4. Presenting a defense that requires the prosecution to prove every element of the crime.
Explanation
Answer: D - Presenting a defense that requires the prosecution to prove every element of the crime. “A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.” Model Rule 3.1.
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