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

December 2012     MCLE Test and Answer Sheet

Test No. 220: Expert Judgment

 
 

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. In Daubert v. Merrell Dow Pharmaceuticals, Inc., the U.S. Supreme Court held that Frye v. United States had been superseded by:
 A. The California Evidence Code.
 B. The Federal Rules of Civil Procedure.
 C. The Federal Rules of Evidence.
 D. None of the above.

2. Following Daubert, federal tribunals serving as gatekeepers must determine whether novel scientific evidence has achieved general acceptance in the scientific community.
 True.
 False.

3. In assessing the admissibility of new or novel scientific evidence, California state courts follow Daubert.
 True.
 False.

4. In California courts, the standard in People v. Kelly applies to:
 A. Opinion testimony.
 B. New or novel devices, techniques, and processes.
 C. Differential diagnosis.
 D. None of the above.

5. California Evidence Code Section 801 applies to expert opinions in California state courts.
 True.
 False.

6. Pursuant to Evidence Code Section 801, an expert opinion need not assist the trier of fact.
 True.
 False.

7. An expert testifying in California state courts may not base an opinion on matter that is inadmissible in evidence.
 True.
 False.

8. Controversial expert medical opinions are subject to the Kelly test when based on accepted diagnostic methods.
 True.
 False.

9. In Roberti v. Andy's Termite & Pest Control, Inc., the expert properly relied upon matter that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his testimony relates, including:
 A. Statistical studies.
 B. Animal studies.
 C. Differential diagnosis.
 D. All of the above.

10. In People v. Bui, the court held that the expert could not properly rely on an epidemiological study to support the opinion that use of methamphetamine in greater than therapeutic doses results in impaired driving.
 True.
 False.

11. An expert's opinion that does not link medical cause and effect, more likely than not, does not assist the trier of fact.
 True.
 False.

12. A qualified medical expert may assume cause from the fact of injury.
 True.
 False.

13. A medical diagnosis derived by a deductive reasoning need not achieve scientific certainty to be admissible.
 True.
 False.

14. A differential diagnosis is limited to the determination of the cause of human disease and injury.
 True.
 False.

15. An expert opining on human health matters may not rely on experimental data in animal models because animal studies provide no useful data about human health.
 True.
 False.

16. When a technique, device, or process is new or novel, a California tribunal is guided by which of these factors?
 A. Reliability of the method.
 B. Properly qualified witness supplying the evidence.
 C. Proper scientific procedures were used in the particular case.
 D. All of the above.

17. A federal tribunal confronted with new or novel science would undertake a preliminary admissibility assessment that would preclude the admission of cutting-edge science that has not achieved acceptance in the scientific community.
 True.
 False.

18. Extrapolation from existing data is a common scientific technique.
 True.
 False.

19. A lack of absolute scientific certainty deprives a medical opinion of evidentiary value.
 True.
 False.

20. Inferential reasoning is always speculative and therefore inadmissible.
 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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