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MCLE Test and Answer Sheet


Test No. 95: Magnificent Exceptions
  (May 2001 LA Lawyer)

Instructions for Obtaining MCLE Credits
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.

1.Study the CLE article in this issue.


2.Answer the test questions by marking the appropriate boxes. Each question has only one answer. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced.

3.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. Prior to 1985, a party could circumvent the Statute of Frauds' requirement of a written contract for a real estate commission by alleging that the other party fraudulently misrepresented an intent to pay the commission.
True.
False.

2. After 1985, a party could circumvent the Statute of Frauds' requirement of a written contract for a real estate commission by alleging that the other party fraudulently misrepresented an intent to pay the commission.
True.
False.

3. The Statute of Frauds can be used effectively as a shield by someone intent on committing fraud.
True.
False.

4. Under the concept of equity in pais, a party who makes a statement with the intent of leading another to believe something is true and to act on it is prohibited from contradicting that statement in subsequent litigation arising from the statement.
True.
False.

5. An oral employment contract that exceeds one year is generally unenforceable due to the Statute of Frauds.
True.
False.

6. For an employee to maintain that his or her employer is equitably estopped from asserting the Statute of Frauds defense to an oral employment contract, the employee must prove:
A. That the employee suffered unconscionable injury.
B. That the employer would be unjustly enriched if the contract is not enforced.
C. Actual fraud by the employer.
D. A and B.

7. Promissory estoppel can be used to circumvent a defense based on the Statute of Frauds.
True.
False.

8. Equitable estoppel does not avoid a Statute of Frauds defense raised in a federal court suit.
True.
False.

9. Equitable estoppel does not avoid a Statute of Frauds defense in bankruptcy proceedings.
True.
False.

10. A person who has detrimentally relied on an oral cohabitation agreement may assert equitable estoppel against the other person's assertion of the Statute of Frauds as a defense.
True.
False.

11. Oral contracts made in consideration of marriage are governed by the Statute of Frauds, and thus these contracts need to be in writing to be enforceable.
True.
False.

12. Whether a party is equitably estopped from asserting the Statute of Frauds as a defense is a question of law to be determined by the court.
True.
False.

13. A party asserting equitable estoppel as an affirmative defense need merely allege estoppel to defeat a motion for summary judgment.
True.
False.

14. An agreement that cannot be performed within the promisor's lifetime generally must be in writing.
True.
False.

15. An oral promise by a decedent to convey his or her estate to a caretaker in exchange for continued care cannot be enforced under the Statute of Frauds.
True.
False.

16. A real estate lease for more than one year generally must be in writing to be enforceable.
True.
False.

17. Which of the following equitable estoppel cases involved an oral employment contract?
A. Kroger v. Baur.
B. Tenzer v. Superscope, Inc.
C. Munoz v. Kaiser Steel Corporation.
D. Whorton v. Dillingham.

18. Which of the following oral contracts is not governed by the Statute of Frauds?
A. An agreement that by its terms is not to be performed during the lifetime of the promisor.
B. An agreement for the leasing of property for a period longer than one year.
C. An agreement authorizing or employing an agent to purchase or sell real estate.
D. An agreement to research and draft an article for a legal publication.

19. A chapter 11 trustee can assert equitable estoppel on behalf of the bankrupt's estate if the trustee relied to the estate's detriment on an oral promise to purchase real property by turning down other offers.
True.
False.

20. An agreement made upon consideration of marriage other than a mutual promise to marry must be in writing.
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 hitting the "Submit" button please verify that all questions have been 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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