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Los Angeles Lawyer

The Magazine of the Los Angeles County Bar Association


 
 

June 2011     MCLE Test and Answer Sheet

Test No. 204: SLAPP Happy

 
 

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 California Legislature's concern about the "disturbing abuse" of the anti-SLAPP law led to passage of statutory exemptions for commercial speech and public interest lawsuits.
 True.
 False.

2. The anti-SLAPP statute permits the filing of a special motion to strike to expedite the early dismissal of unmeritorious causes of action aimed at preventing citizens from exercising their constitutional rights of petition or free speech in connection with a public issue.
 True.
 False.

3. In the four-step analysis that courts apply to anti-SLAPP motions, the moving party has the burden in all four steps.
 True.
 False.

4. Even if the moving party cannot meet its burden in step one of the anti-SLAPP motion analysis, the court still must evaluate step two.
 True.
 False.

5. The anti-SLAPP statute expressly provides for bifurcation of the briefing and hearing for a resolution of step one before going further.
 True.
 False.

6. In 2010, the California Supreme Court resolved whether the burden was on the moving defendant or the plaintiff to establish the applicability (or lack thereof) of Code of Civil Procedure Section 425.17's commercial speech exemption.
 True.
 False.

7. If a defendant wins an anti-SLAPP motion and is entitled to mandatory attorney's fees, the court can award those fees against the losing plaintiff and the plaintiff's attorney.
 True.
 False.

8. If a plaintiff defeats an anti-SLAPP motion and the motion is found by the court to be frivolous or intended to cause unreasonable delay, the court may grant the plaintiff an award of attorney's fees against the defendant and the defendant's attorney.
 True.
 False.

9. If a plaintiff defeats an anti-SLAPP motion and is awarded attorney's fees, the defendant can appeal the denial of the anti-SLAPP motion but cannot appeal the award of attorney's fees.
 True.
 False.

10. A "bare possibility" of viewing the plaintiff's work is insufficient to establish access.
 A. Legal malpractice.
 B. City land use guidelines.
 C. Purely business disputes.
 D. Trade association activities.
 E. All of the above.

11. Last year, published opinions in which anti-SLAPP motions were denied in step one focused on the gravamen of the claims not being constitutionally protected within the meaning of the statute.
 True.
 False.

12. A cause of action in 2010 for cyberbullying of a minor by other minors was not subject to an anti-SLAPP motion.
 True.
 False.

13. A defendant dismissed before the hearing on an anti-SLAPP motion may still be entitled to attorney's fees if the motion is granted.
 True.
 False.

14. Malicious prosecution is one of the causes of action that continued to receive judicial attention in 2010 in the anti-SLAPP motion arena.
 True.
 False.

15. To succeed in an anti-SLAPP motion to strike a cause of action for breach of fiduciary duty alleging more than one act of wrongdoing, every act alleged in the complaint must be constitutionally protected.
 True.
 False.

16. A lawyer's failure to redact personal information from credit reports filed with the court is not the type of criminal activity that fell under the Flatley v. Mauro exception for criminal acts.
 True.
 False.

17. Subpoenaing mental health records during the mandatory arbitration of an uninsured motorist claim was deemed protected activity subject to an anti-SLAPP motion.
 True.
 False.

18. The anti-SLAPP statute's automatic stay of discovery does not apply in federal court because it conflicts with federal rules.
 True.
 False.

19. The denial of an anti-SLAPP motion in federal court is appealable under 28 USC Section 1291 and the collateral source doctrine.
 True.
 False.

20. Anti-SLAPP motions are not available in federal court because the anti-SLAPP statute is a California statute.
 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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