Paralegal Ava Is Writing a Brief in Defense of a Lawyer

question 10

Multiple Choice

Paralegal Ava is writing a brief in defense of a lawyer facing disciplinary charges. Ava has a choice between citing her state's professional conduct rule 3.7 (on the lawyer acting as a witness in his own trial) or ABA Model Rule 3.7. Both rules say exactly the same thing but the ABA Rule has explanatory Comments, and her state law does not. Her best choice is to

• A) cite the ABA Model Rule because the ABA Rules have more authority than the state rules. This is true because the ABA is a federal agency.
• B) do not cite either. This is true because the rules of professional conduct are just "rules," not law.
• C) cite her state's rule. This is true because lawyers in Ava's state are bound by the laws of that state, not the "models" written by the ABA. She can still refer to the Comments if she needs them.
• D) cite the ABA Model Rule because the ABA Rules have more authority than state rules. This is true because the ABA has been writing rules of professional conduct longer than any state.

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Definitions:

Marginal Cost

The supplementary cost involved in creating one more unit of a product or service.

Monopoly

A monopoly is a market structure characterized by a single seller controlling a large portion of the market, lacking significant competition, and often able to influence prices.

Natural Monopoly

A market structure where a single firm can produce the entire market's supply at a lower cost than could multiple firms due to economies of scale.

Economies of Scale

Economies of scale refer to the cost advantage experienced by a firm when it increases its level of output. The advantage arises due to the inverse relationship between per-unit fixed cost and the quantity produced.