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NEW QUESTION 39
If an Athenian citizen was unjustly murdered in another state and that state refused to punish the murderer what was authorized under Athenian law for the victims' relatives?

• A. Seizing ten nationals of that state
• B. Use military force to attack that State
• C. Holding three citizens of that state until restitution is completed
• D. Seizing three nationals of that state
• E. Holding three citizens of that state until the assassin surrenders

Answer: C,D,E

NEW QUESTION 40
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. Where the attorney could not have been reasonably obtained by local counsel
• B. Where attorney neglected to ask the client whether allegedly defamatory statements were actually false
• C. Where forwarding attorney had not advised them of an earlier adverse ruling.
• D. 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.
• E. 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.

Answer: B

NEW QUESTION 41
Under the 1993 Rule 11, as under the prior rule, parties have the continued obligation to mitigate damages resulting from a Rule 11 violation.
Which of the following may relate to this situation?

• A. Pollution Control Indus. of Am. v. Van Gundy, 21 F.3d 152, 156 (7th Cir. 1994) - Vacating sanctions against plaintiffs and remanding for appropriate award where defendants had a duty to mitigate costs but failed to raise the dispositive issue in a prompt and cost-efficient manner.
• B. Thomas v. Capital Sec. Serv., 836 F.2d 866, 879 (5th Cir. 1988) - "A party seeking Rule 11 costs and attorneys' fees has a duty to mitigate those expenses by correlating his response, in hours and funds expended, to the merit of the claims."
• C. United Food & Commercial Workers Union Local No. 115 v. Armour & Co., 106 F.R.D. 345, 349-50 (N.D. Cal. 1985) - Court reduced fee request because counsel over-litigated the case.
• D. Danvers v. Danvers, 959 F.2d 601, 605 (6th Cir. 1992) - Remanded for reduction of sanctions award where defendant's attorney spent several hours researching and preparing for discovery on meritless action rather than moving to dismiss.
• E. Hamil v. Mobex Managed Servs. Co., 208 F.R.D. 247, 250 (N.D. Ind. 2002) - "[A] party must request Rule 11 sanctions as soon as practicable after discovery of a Rule 11 violation."

Answer: E

NEW QUESTION 42
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