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Table of Contents Cover Featured Article

MCLE Test and Answer Sheet


Test No.78: Put Up or Shut Up(November 1999 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. A defendant moving for summary judgment in state court must affirmatively negate the plaintiff's claim, even if the plaintiff bears the burden of persuasion at trial.
True.
False.

2. In Celotex Corporation v. Catrett, the U.S. Supreme Court held that:
A. A defendant moving for summary judgment must affirmatively negate the nonmoving plaintiff's claim.
B. When the moving party does not bear the burden of persuasion at trial, it does not bear the initial burden of production on summary judgment.
C. A party seeking summary judgment and not bearing the burden of persuasion at trial can meet its summary judgment burden by demonstrating that the nonmovant lacks evidence sufficient to support a trial verdict in the nonmovant's favor.

3. While the standard for granting summary judgment under Rule 56 of the Federal Rules of Civil Procedure is identical to the federal standard for granting a directed verdict (now known as a motion for judgment as a matter of law) under Rule 52, the standard for granting summary judgment in California under Code of Civil Procedure Section 437c is not the same as the state standard for a directed verdict or a motion for nonsuit.
True.
False.

4. In Barnes v. Blue Haven Pools, the California Court of Appeal:
A. Adopted the burden-shifting analysis of Celotex.
B. Held that the placement of the burden of persuasion at trial does not affect the showing required on summary judgment.
C. Concluded that the 1992 and 1993 revisions to Code of Civil Procedure Section 437c had no impact on the moving defendant's burden of production on summary judgment.
D. All of the above.

5. Under federal law, the party moving for summary judgment does not bear the initial burden of production when the nonmoving party bears the burden of persuasion at trial.
True.
False.

6. California's Civil Discovery Act of 1986 imposes on the responding party a duty to answer interrogatory questions and other forms of discovery in a straightforward fashion and as completely as possible. That requirement, however, has no relevance to the movant's initial burden of production on summary judgment.
True.
False.

7. Under California law, if a defendant moves for summary judgment on an issue for which the nonmoving plaintiff bears the burden of persuasion at trial, the defendant may meet its initial burden merely by asserting that the plaintiff lacks evidence sufficient to support the plaintiff's claim.
True.
False.

8. A material fact is one that is expressly alleged in the complaint.
True.
False.

9. A dispute is genuine if:
A. The nonmovant can prevail at trial.
B. It might affect the outcome of the case.
C. It is material to the plaintiff's claim.
D. All of the above.

10. According to the U.S. Supreme Court in Anderson v. Liberty Lobby, Inc., if a nonmovant seeks to raise a genuine issue on summary judgment and bears the burden of persuasion at trial, the nonmovant must produce evidence sufficient to support a reasonable verdict in its favor in light of the standard of proof required at trial. This holding applies:
A. Only in defamation cases in which the plaintiff must prove actual malice with clear and convincing evidence.
B. In all cases.

11. The Anderson standard has been applied in California.
True.
False.

12. In California, the Anderson standard applies only to defamation cases that raise First Amendment concerns.
True.
False.

13. A party moving for summary judgment on an issue for which it does not bear the burden of persuasion at trial may meet its initial burden by:
A. Demonstrating that the nonmovant lacks evidence sufficient to support its claim.
B. Affirmatively negating the nonmovant's claim.
C. Both A and B.
D. Neither A nor B.

14. In Wendy v. Rosen, the California Supreme Court held that the burden-shifting standard in Celotex:
A. Also applies under California law.
B. Does not apply under California law.
C. Neither A nor B.

15. California trial judges may grant summary judgment sua sponte, as long as the party against whom it is granted was given an adequate opportunity to demonstrate the existence of a triable issue.
True.
False.

16. In federal court, if the moving defendant fails to meet its initial burden of production and the nonmovant does not submit evidence demonstrating the invalidity of its own claim, the district court lacks discretion to grant summary judgment-even if there is no genuine issue of material fact and the defendant is entitled to judgment as a matter of law.
True.
False.

17. In state court, if the moving defendant fails to meet its initial burden of production, the trial court lacks discretion to grant summary judgment-even if the nonmovant submits evidence demonstrating the invalidity of its own claim.
True.
False.

18. A defendant moving for summary judgment on the ground that the plaintiff lacks evidence sufficient to support its claim bears a burden akin to the burden on:
A. A defendant at trial.
B. An appellant seeking to prove that there is no substantial evidence in support of a judgment.
C. Both A and B.
D. Neither A nor B.

19. On summary judgment, the trial court may not assess the sufficiency of the nonmovant's evidence-that is the role of the jury, not the court.
True.
False.

20. A defendant moves for summary judgment on the ground that the plaintiff lacks evidence sufficient to prove causation-an essential element of the plaintiff's claim. In opposition, the plaintiff submits evidence suggesting the possibility that the plaintiff's injury was caused by the defendant's conduct. Will this evidence be sufficient to raise a genuine issue?
Yes.
No.


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*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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