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NEW QUESTION 31
In the period between the 1983 amendment and the adoption of the current Rule 11 in 1993, which of the following propositions had support in the face of widespread criticism in the legal community:

  • A. Rule 11, in conjunction with other rules, has tended to impact plaintiffs more frequently and severely than defendants
  • B. Rule 11 has occasionally created problems for a party which seeks to assert novel legal contentions
  • C. Rule 11 has too rarely been enforced through nonmonetary sanctions, and with cost-shifting having become the normative sanction
  • D. Rule 11 provides little incentive, and perhaps a disincentive, for a party to abandon positions after determining they are no longer supportable in fact or law

Answer: A,B,C,D

 

NEW QUESTION 32
The attorney should confer directly with the client to verify the accuracy of the claims. In McGhee v. Sanilac County, 934 F.2d 89, 93 (6th Cir. 1991), under what circumstances did the appellate court reversed decision not to sanction?

  • A. Upon attorney who discussed general content of amended complaint with clients prior to filing but did not inform clients of exact wording of new allegations, which proved to be false.
  • B. Where attorney neglected to ask the client whether allegedly defamatory statements were actually false
  • C. Where attorney certified that he informed both husband and wife as to alternatives under the bankruptcy code and he had in fact only informed the wife.
  • D. Where the attorney could not have been reasonably obtained by local counsel
  • E. Where forwarding attorney had not advised them of an earlier adverse ruling.

Answer: B

 

NEW QUESTION 33
The violation of sanctions can lead to numerous consequences. Choose the penalities authorized by the UN for such a scenario?

  • A. Fines
  • B. Prosecution
  • C. Considered criminal
  • D. All of the above
  • E. Punished to death

Answer: D

 

NEW QUESTION 34
Under an asset freeze it is generally prohibited to do the following except?

  • A. deal with the frozen funds or economic resources, belonging to or owned, held or controlled by a designated person
  • B. make funds or economic resources available, indirectly, to, or for the benefit of, a designated person
  • C. None of the above
  • D. engage in actions that, directly or indirectly, circumvent the financial sanctions prohibitions
  • E. make funds or economic resources available, directly to, or for the benefit of, a designated person

Answer: C

 

NEW QUESTION 35
Among the tasks delegated to committees in connection with refining their own working methods, committees have been requested or required to undertake the following duties.
Which of the following are included in this?

  • A. Designating financial resources that would be subject to financial sanctions
  • B. Promulgating and updating guidelines to facilitate the implementation of sanctions
  • C. Co-operating with other relevant sanctions committees
  • D. Streamlining procedures for processing applications for exemptions from sanctions
  • E. Reviewing the reports of a monitoring mechanism, with a view to offering guidance on its future work

Answer: B,D

 

NEW QUESTION 36
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