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

April 2012     MCLE Test and Answer Sheet

Test No. 213: Special Instructions

 
 

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. Pinpoint instructions may delineate the theory of a defendant's case.
 True.
 False.

2. People v. Wright holds that a court may properly reject an instruction that fails to state relevant factors supported by the evidence in a neutral manner.
 True.
 False.

3. Clarifying instructions contain detailed recitals of facts drawn from the evidence.
 True.
 False.

4. California Rule of Court 2.251 defines special jury instructions.
 True.
 False.

5. In Taha v. Finegold, the judgment for the defendant was reversed because the requested instruction was not properly redacted.
 True.
 False.

6. The claim of ineffective assistance of counsel in People v. Garvin was based on:
 A. Counsel's failure to submit a special instruction based on the inaccuracy of eyewitness identification.
 B. Counsel's submission of pinpoint instructions that resulted in a miscarriage of justice.
 C. Counsel's failure to request a clarifying instruction.

7. Logacz v. Limansky holds that the court could not make an interlineation change in the proposed special instruction over the objection of the submitting party.
 True.
 False.

8. The California Supreme Court, in Munoz v. City of Union City, held that a special instruction may be framed to present a party's theory of the case if it is supported by substantial evidence.
 True.
 False.

9. In both criminal and civil cases, the standard for determining whether instructional error is reversible on appeal has its basis in Article VI, Section 13 of the California Constitution.
 True.
 False.

10. The appellate doctrine of invited error bars a party from arguing instructional error if the instruction was offered by that party.
 True.
 False.

11. Whether a defendant has established a reasonable probability that a result more favorable would have been reached in the absence of an error is the standard enunciated in:
 A. People v. Watson.
 B. People v. Garvin.
 C. People v. Moore.

12. Taylor v. Roseville Toyota, Inc., holds that it is sufficient if a special instruction's cited authority at least suggests that a particular factor or rule of law can be extracted from the case.
 True.
 False.

13. In Mize-Kurzman v. Marin Community College District, the court held that trial courts cannot rely on federal jury instructions even when there is no CACI instruction on point.
 True.
 False.

14. Lynch v. Birdwell holds that special instructions will be denied if they are repetitive.
 True.
 False.

15. Fish v. Los Angeles Dodgers Baseball Club holds that a litigant is entitled to correct and nonargumentative instructions on every theory of the case supported by substantial evidence, whether or not the trial court considers that evidence persuasive.
 True.
 False.

16. In Munoz v. City of Union City, the plaintiff brought a lawsuit against a public entity and one of its workers when his motorcycle collided with a dump truck.
 True.
 False.

17. At the request of the defense, the court gave a special jury instruction based on Lyle v. Warner Bros. Television Productions in:
 A. Suman v. BMW of North America, Inc.
 B. Pantoja v. Anton.
 C. Bowman v. Wyatt.
 D. None of the above.

18. The plaintiff alleged retaliation by a community college district and the board of trustees in LeMons v. Regents of University of California.
 True.
 False.

19. In People v. Wright, the trial court rejected five special jury instructions regarding corroborating evidence.
 True.
 False.

20. There is no automatic reversal due to instructional error merely because a trial court has failed to properly instruct a jury.
 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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