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

November 2011     MCLE Test and Answer Sheet

Test No. 208: Full Disclosures

 
 

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. Under California law, the California Arbitration Act is the only source for an arbitrator's disclosure obligations.
 True.
 False.

2. Courts recognize that some parties attempt to use the arbitrator disclosure rules for tactical purposes after an unfavorable arbitration award.
 True.
 False.

3. Courts have interpreted the appearance-of-partiality standard as an objective test for determining whether a reasonable person aware of the facts might doubt the arbitrator's ability to be impartial.
 True.
 False.

4. An arbitrator's failure to make required disclosures can be a ground for vacation of the arbitration award.
 True.
 False.

5. To vacate an arbitration award based on the arbitrator's failure to make required disclosures, the court must find that the arbitrator was actually biased against one of the parties to the arbitration.
 True.
 False.

6. In applying the appearance-of-partiality standard, courts may consider whether the arbitrator failed to disclose facts suggesting that he or she had a financial incentive to favor one side in the arbitration.
  True.
 False.

7. The Ethics Standards for Neutral Arbitrators in Contractual Arbitration enumerate the precise facts that must be disclosed to satisfy the appearance-of-partiality test.
  True.
 False.

8. According to the California Supreme Court in Haworth v. Superior Court, if the underlying facts are not in dispute, a superior court's order vacating an arbitration award based upon the arbitrator's failure to disclose circumstances creating an appearance of partiality is subject to de novo review on appeal.
  True.
 False.

9. In determining whether an arbitrator has met his or her disclosure obligations, events in the arbitrator's distant past are given equal weight with more recent events.
  True.
 False.

10. The dissenting justices in Haworth wrote that the majority decision "sacrific[ed] system integrity on the altar of arbitral finality."
  True.
 False.

11. The appearance-of-partiality standard requires disclosure only of the matters specifically enumerated in Code of Civil Procedure Section 1281.9(a)(1) through (6).
 True.
 False.

12. This year a trial court in California set aside an arbitration award based on the arbitrator's failure to disclose his prior involvement as a party in litigation that bore some similarity to the matter being arbitrated.
 True.
 False.

13. When a party is silent regarding his or her knowledge of the arbitrator's failure to disclose facts indicating potential bias, a court may find that the party has waived the right to vacate the award based on the nondisclosure.
 True.
 False.

14. Because the duty of disclosure is solely that of the potential arbitrator, the parties have no duty to conduct even minimal due diligence regarding the arbitrator before deciding whether to accept or oppose the arbitrator's appointment.
 True.
 False.

15. It is good practice for an arbitrator to ask each participant to make an effort to disclose any matters that may affect the arbitrator's ability to be impartial.
 True.
 False.

16. An arbitrator has a legal duty to resolve any doubts in favor of disclosure.
 True.
 False.

17. An arbitrator's failure to make the disclosures required by Code of Civil Procedure Section 1281.9 is not a ground for disqualification of the arbitrator.
 True.
 False.

18. The purpose of the arbitrator disclosure requirements is to require disclosure of all matters a party might want to consider in deciding whether to oppose or accept the selection of an arbitrator.
 True.
 False.

19. The Haworth court held that the arbitrator's duty to disclose arises under the same circumstances as a judge's duty to recuse.
 True.
 False.

20. The court in Benjamin, Weill & Mazer v. Kors ruled that arbitrator disclosures differ from judicial recusal because the economic incentives in arbitration are not present in court litigation.
 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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