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

July/August 2011     MCLE Test and Answer Sheet

Test No. 205: Just Taking

 
 

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. Penal Code Section 186.11's forfeiture provisions are narrower than previously enacted state and federal forfeiture provisions.
 True.
 False.

2. Under Section 186.11, the government can freeze the property of any defendant charged with a felony.
 True.
 False.

3. The "freeze and seize" statute was enacted to secure assets for the payment of restitution to victims.
 True.
 False.

4. Section 186.11 contains detailed procedural requirements for the freezing of property.
 True.
 False.

5. The government can only freeze property under Section 186.11 that is located within the trial court's jurisdiction.
 True.
 False.

6. The government can use Section 186.11's procedures to physically seize the property of a defendant.
  True.
 False.

7. Prosecutors can freeze a defendant's property by obtaining a temporary restraining order.
  True.
 False.

8. A petition for a temporary restraining order to be issued ex parte must show good cause.
  True.
 False.

9. Section 186.11 requires that a temporary restraining order be filed in conjunction with, or subsequent to the filing of, a petition for a preliminary injunction.
  True.
 False.

10. The government must serve the notice of a petition for a preliminary injunction only on the defendant.
  True.
 False.

11. Under Section 186.11, the notice of a petition for a preliminary injunction must be published in a newspaper of general circulation for three successive weeks.
 True.
 False.

12. The failure to give proper notice of a petition seeking to take a defendant's property can constitute a denial of due process.
 True.
 False.

13. Section 186.11 specifically authorizes the government to file successive petitions for temporary restraining orders.
 True.
 False.

14. When served with a proper petition for a preliminary injunction, defendants must file a verified claim stating the nature of their interest.
 True.
 False.

15. A third party cannot claim an interest in frozen property.
 True.
 False.

16. A defendant or third party has the right to a hearing within 10 days of filing a claim.
 True.
 False.

17. Courts cannot consider hearsay evidence at the hearing on the petition for a preliminary injunction.
 True.
 False.

18. A court may not release any frozen property to a defendant before the trial.
 True.
 False.

19. A court may release funds to victims for restitution after the issuance of a preliminary injunction.
 True.
 False.

20. When defendants are convicted of two or more white collar felonies, their property can be used to compensate their victims even if no preliminary injunction was issued.
 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 in ethics by the State Bar of California in the amount of one hour.

 


 
   
 

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