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

April 2011     MCLE Test and Answer Sheet

Test No. 202: Sharing the Blame

 
 

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. Civil Code Section 1431.2 codifies a longstanding common law rule in California.
 True.
 False.

2. Under Proposition 51, a portion of a plaintiff's judgment may be uncollectible, even though some defendants have sufficient assets to cover the entire judgment.
 True.
 False.

3. All parties whose actions are found to be a substantial cause of the plaintiff's injuries are considered for apportionment under Section 1431.2.
 True.
 False.

4. Because the U.S. Navy has sovereign immunity from suit in tort, it is not considered in the apportionment of fault with other joint tortfeasors.
 True.
 False.

5. An employer, by virtue of being vicariously liable for its employee's actions, is also considered for purposes of apportioning fault under Section 1431.2.
 True.
 False.

6. A manufacturer produces a defective product that the distributor transports to market and the retailer sells to the plaintiff, who is then injured. If the plaintiff only alleges strict products liability against each of them, how many parties are considered for purposes of apportionment under Section 1431.2 with regard to the product?
  A. 1.
 B. 2.
 C. 3.
 D. None.

7. Before Section 1431.2 was enacted, a defendant whose proportionate fault was 1 percent could be held to pay all of the plaintiff's damages.
  True.
 False.

8. Once a party has obtained a good faith settlement determination by the court under Code of Civil Procedure Section 877(a), it is no longer considered for apportionment purposes in a later verdict--although the remaining parties are entitled to an offset.
  True.
 False.

9. A party must be served with process to be considered for apportionment under Section 1431.2.
  True.
 False.

10. A public entity in California can be held liable in tort, or considered for apportionment, only as provided for by statute.
  True.
 False.

11. The state can declare by statute that certain actions by private parties do not constitute legal wrongs and are therefore removed from any consideration of apportionment.
 True.
 False.

12. After a summary judgment finding that a defendant had no duty to the plaintiff, the defendant may still be considered for purposes of apportionment.
 True.
 False.

13. When more than one product was a substantial cause of the plaintiff's injures under strict products liability, fault is apportioned between the products, according to Section 1431.2.
 True.
 False.

14. Since an employer is protected from suit in tort under workers' compensation, the employer is not considered for purposes of apportionment under Section 1431.2.
 True.
 False.

15. Under Section 1431.2, a defendant might be forced to cover all of the plaintiff's economic damages, even though that defendant was only apportioned 5 percent of the liability.
 True.
 False.

16. A California entity may be considered for purposes of apportionment if its potential liability is shown to fall within the scope of governing statutory or constitutional provisions.
 True.
 False.

17. A California public employee who is protected by statutory immunity is not considered for purposes of apportionment.
 True.
 False.

18. Under current law, an employer is not considered separately liable under a claim of negligent entrustment if the employer concedes that it is vicariously liable for the employee.
 True.
 False.

19. Under which of the following is a California public entity subject to suit in tort?
 A. The Tort Claims Act.
 B. The U.S. Constitution.
 C. Common law.
 D. The California Constitution.
 E. A, B, and D.

20. Section 1431.2 applies to all civil lawsuits in which the plaintiff is seeking damages.
 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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