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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association


 
 

October 2008     MCLE Test and Answer Sheet

Test No. 174: Inside the Box

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education elimination of bias credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
 Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. A prosecutor's exercise of peremptory challenges with the intent of excluding potential jurors on the basis of race violates the equal protection clause of the U.S. Constitution.
 True.
 False.

2. A prima facie showing of discriminatory intent in the exercise of peremptory challenges may be made based solely on evidence concerning a prosecutor’s exercise of peremptories in a particular case.
 True.
 False.

3. Only a defendant of the same race as the juror may oppose a peremptory challenge directed at that juror on the grounds that it is premised on race.
 True.
 False.

4. Exercises of peremptory challenges by criminal defense attorneys are subject to challenge under the equal protection analysis set forth in Batson.
 True.
 False.

5. Batson and Wheeler only apply to criminal cases.
 True.
 False.

6. In California state and federal courts, peremptory challenges may not be exercised on the basis of gender.
 True.
 False.

7. In California state courts, peremptory challenges may not be exercised based on the sexual orientation of a potential juror.
 True.
 False.

8. When using the "jury box" method of jury selection, a federal district court in the Ninth Circuit may treat the pass of a peremptory challenge as waiving the subsequent ability to reach back and exercise a peremptory challenge against a juror seated in the box at the time of the pass.
 True.
 False.

9. The "blind strike" method of jury selection is invalid in federal court because it permits one party to lose a peremptory challenge by exercising it against a juror who that party does not know has also been the subject of a peremptory challenge by another party.
 True.
 False.

10. In the Ninth Circuit, under a "struck jury" system of jury selection, sequentially numbering potential jurors so that the parties know who will be the next to enter the box may result in the pass of a peremptory challenge being treated as the exercise of a peremptory challenge subject to challenge under Batson.
 True.
 False.

11. Because jury selection is supposed to be color blind, it is always improper to ask the court to note the race of potential jurors for the record.
 True.
 False.

12. Once a party raises a Batson/Wheeler challenge to the exercise of a peremptory, the court has the sole responsibility to ensure that the record is sufficient to preserve the point for review.
 True.
 False.

13. In federal and state courts in California, "comparative juror analysis" is an important tool in assessing Batson/Wheeler challenges that should be used by the appellate court even if it was not used by the trial court.
 True.
 False.

14. Some California state courts have questioned whether comparative juror analysis may be used in assessing whether a prima facie case of discriminatory intent has been made at the first step of the Batson/Wheeler analysis.
 True.
 False.

15. In California state courts, absent a subsequent renewed objection, a trial court's ruling regarding a Batson/Wheeler challenge is reviewed based on the record as it stands at the time the ruling is made.
 True.
 False.

16. Demonstrating a prima facie case of discriminatory intent is impossible if a party has used a peremptory to strike only one member of a particular group.
 True.
 False.

17. In assessing a Batson/Wheeler challenge premised on race, only the race of the jurors against whom the party has exercised peremptories is relevant.
 True.
 False.

18. At the second step of the Batson/Wheeler analysis of a claim of racial discrimination, the court may assess the persuasiveness and plausibility of a proffered rationale that is facially race-neutral.
 True.
 False.

19. If a court skips directly to the third step of the Batson/Wheeler analysis, it moots the preliminary issue of whether the party asserting the Batson/Wheeler challenge has made a prima facie showing.
 True.
 False.

20. Exercising peremptories to remove all members of a particular race from a pool of potential jurors will always demonstrate racial discrimination in jury selection.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
  
 

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