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Table of Contents Cover Featured Article

MCLE Test and Answer Sheet


Test No.76: On to a Higher Court  (September 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. By filing a notice of appeal, a judgment debtor will always obtain an automatic stay of execution of a money judgment.
True.
False.

2. A judgment creditor may waive a bond.
True.
False.

3. A trial court has no discretion to waive a bond.
True.
False.

4. Which of the following types of appellate records is prepared by counsel and filed with the briefs?
A. Clerk's Transcript.
B. Appendix.
C. Reporter's Transcript.

5. A successful motion for appellate preference means that the court will decide the appeal within 30 days after the grant of the motion for preference.
True.
False.

6. Appellate courts have inherent as well as statutory authority to grant preference.
True.
False.

7. The trial setting preference statute, Code of Civil Procedure Section 36, does not apply to appellate matters.
True.
False.

8. The contents of a Clerk's Transcript must be designated within 10 days after the notice of appeal is filed.
True.
False.

9. A superior court can stay execution of a judgment for any period of time warranted under the circumstances.
True.
False.

10. A court of appeal has no authority to stay execution of a judgment.
True.
False.

11. Failure to attend a judgment debtor examination may result in dismissal of the judgment debtor's appeal.
True.
False.

12. A judgment awarding expert witness fees under Code of Civil Procedure Section 998 requires a bond.
True.
False.

13. A bond posted by an admitted surety must be for one and one-half times the amount of the judgment or order being appealed.
True.
False.

14. A judgment for costs only under Code of Civil Procedure Section 1021 requires a bond.
True.
False.

15. The cost of a bond is generally a recoverable appellate cost.
True.
False.

16. A judgment creditor may sell a portion of its judgment to finance the defense of an appeal by the judgment debtor.
True.
False.

17. If a judgment debtor makes a qualifying deposit in superior court to stay enforcement of a judgment, interest earned on the deposit generally accrues in favor of the judgment debtor.
True.
False.

18. If an appeal settles before the record is filed in the court of appeal,
A. The appellant gives written notice of the settlement to the court of appeal.
B. The appellant files a notice of abandonment in the superior court.
C. The respondent gives written notice of the settlement to the court of appeal.
D. The respondent files a notice of abandonment in the superior court.

19. Under current law, there is a general presumption that disfavors stipulated reversals of judgments. This presumption is overcome only by a showing that the stipulated reversal raises no reasonable probability that the interest of the public will be adversely affected and that the reasons for the requested reversal outweigh the erosion of the public trust that may result from nullification of a judgment and the risk that the availability of stipulated reversals will reduce the incentive for pretrial settlement.
True.
False.

20. An appeal bond must cover the amount of the judgment or order plus interest, plus trial costs, plus costs that may be awarded on appeal.
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 hitting the "Submit" button please verify that all questions have been 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.

   
Los Angeles Lawyer
 
 
 
 
       
   
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