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

December 2010     MCLE Test and Answer Sheet

Test No. 198: Totally Exhausted

 
 

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. The U.S. Constitution requires exhaustion of administrative remedies for all appeals.
 True.
 False.

2. In accord with Article III of the U.S. Constitution, federal appellate courts have jurisdiction to review agency actions only to the extent provided by statute.
 True.
 False.

3. Exhaustion promotes and protects the limited jurisdiction of federal courts.
 True.
 False.

4. Judicial review of administrative agency decisions is always available under the due process clause of the Fifth Amendment.
 True.
 False.

5. If a federal court has proper jurisdiction over an administrative agency decision, the scope of review is broad.
 True.
 False.

6. If a statute or regulation does not provide for review per se, review still may be available under the Administrative Procedure Act.
 True.
 False.

7. The failure to raise an issue before an administrative agency generally results in waiver of that issue on appeal.
  True.
 False.

8. Exhaustion applies not only to federal agencies but also to proceedings in bankruptcy and tax courts.
  True.
 False.

9. Whether an issue has been sufficiently exhausted is readily discernable by looking at the certified administrative record.
  True.
 False.

10. Exhaustion does not apply to constitutional challenges to administrative agency actions, because agencies lack jurisdiction to address constitutional questions.
 True.
 False.

11. Whether a court will deem an issue to be exhausted may depend upon seemingly collateral issues, such as balancing the equities and determining if the agency acted competently.
 True.
 False.

12. Exceptions to the exhaustion requirement include irreparable injury, futility, and the inadequacy of administrative remedies.
 True.
 False.

13. The exception to exhaustion for constitutional challenges is limited to procedural errors that could not have been corrected by the agency.
 True.
 False.

14. The district court in Marella v. Terhune found that a prison inmate bringing a civil rights challenge under 42 USC Section 1983 had waived the challenge by not filing a grievance within the 15-day period required by the California Code of Regulations.
 True.
 False.

15. The Ninth Circuit reversed the district court in Marella, finding that the lower court erred as a matter of law in concluding there was no exception for the timely filing requirement.
 True.
 False.

16. In Ahmed v. Holder, the Ninth Circuit held that the immigration judge abused her discretion by failing to grant the requested six-month continuance of removal proceedings, even though the regulations provide that IJs have discretion to grant continuances for "good cause."
 True.
 False.

17. The Ninth Circuit in Socop-Gonzales v. INS held that an immigration petitioner did not satisfy the exhaustion requirement because he never invoked the term "exhaustion" in his briefs.
 True.
 False.

18. In a dissent, Justice William O. Douglas wrote that the Supreme Court in McGee v. United States should have reached exactly the same result as the Court's decision in McKart v. United States.
 True.
 False.

19. The Ahmed court held that the so-called Baires factors are mandatory, not discretionary.
 True.
 False.

20. The Supreme Court established the concept of primary jurisdiction in McCarthy v. Madigan.
 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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