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

November 2010     MCLE Test and Answer Sheet

Test No. 197: Location Location Location

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education 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 $20 testing fee ($25 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. Under federal and California law, the nonmoving party bears the burden of showing why a forum-selection clause should not be enforced.
 True.
 False.

2. Smith, Valentino & Smith v. Superior Court--the only California Supreme Court decision addressing forum-selection clauses--refers in passing to the distinction between mandatory and permissive clauses.
 True.
 False.

3. When the U.S. Supreme Court decided The Bremen v. Zapata Off-Shore Company in 1972, it was following the "modern trend" of enforcing forum-selection clauses.
 True.
 False.

4. Under California law, proper forum is jurisdictional and cannot be waived.
 True.
 False.

5. Federal law provides several procedures for enforcing a forum-selection clause; California law provides only one procedure.
 True.
 False.

6. Which of these findings is not one that would preclude enforcement of a forum-selection clause in the Ninth Circuit?
 A. The clause was obtained by fraud or overreaching.
 B. The clause is contained in a contract of adhesion.
 C. The clause deprives the nonmoving party of a day in court.
 D. The clause contravenes a strong public policy of the forum.

7. A federal court sitting in diversity applies the law of the state in which it sits when deciding whether to enforce a forum-selection clause.
  True.
 False.

8. If the out-of-state forum's law is unfavorable to the California plaintiff, a California court will not enforce an out-of-state forum-selection clause.
  True.
 False.

9. A properly drafted forum-selection clause can preclude removal to federal court.
  True.
 False.

10. A California statute that prohibits out-of-state forum-selection clauses precludes enforcement of such a clause.
 True.
 False.

11. The fact that a forum-selection clause is accessible only by a link on the defendant's Web site does not render the clause unenforceable.
 True.
 False.

12. A service-of-suit clause expressly allows a defendant to be sued in more than one jurisdiction.
 True.
 False.

13. If a federal court finds that a forum-selection clause is permissive, it will determine the correct forum using the standard forum non conveniens analysis employed in the absence of a forum-selection clause.
 True.
 False.

14. A California court will enforce a forum-selection clause that selects a particular California county or city only if venue is otherwise proper under California's venue statutes.
 True.
 False.

15. An order denying a motion to enforce a forum-selection clause is an appealable order.
 True.
 False.

16. The standard of review for an order enforcing a forum-selection clause is de novo.
 True.
 False.

17. A forum-selection clause that specifies a federal district court is not enforceable unless the parties also meet federal subject-matter jurisdiction requirements.
 True.
 False.

18. Under California law, a forum-selection clause is deemed unreasonable if the forum is unavailable.
 True.
 False.

19. Under California law, a motion to enforce a forum-selection clause may be made by summary judgment, so long as the defendant pleads improper forum as an affirmative defense.
 True.
 False.

20. Under the Ninth Circuit test for forum-selection clauses, the district court must resolve all factual conflicts in favor of the nonmoving party.
 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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