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

February 2013     MCLE Test and Answer Sheet

Test No. 222: Class Control

 
 

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 Mazza v. American Honda Motor Company, a federal court interpreted California's choice-of-law rules.
 True.
 False.

2. Under California's choice-of-law rules, the defendant bears the initial burden of showing that California has significant contact or aggregation of contacts to the claims of each class member.
 True.
 False.

3. Courts using the three-step governmental-interest test first examine whether the relevant laws of the potentially affected states are different.
 True.
 False.

4. Second, courts determine which state's interest would be more impaired if its law were not applied.
 True.
 False.

5. Third, if there is a difference in the laws between states, the court determines if there is a true conflict by examining each state's interest in applying its own law to the case.
 True.
 False.

6. According to the Senate Report accompanying the Class Action Fairness Act (CAFA), from 1995 to 2005, no federal court certified a nationwide class using the law of a single state.
 True.
 False.

7. Mazza found no outcome-determinative differences between California's consumer protection laws and the laws in other states.
 True.
 False.

8. Mazza holds that each class member's claims should be governed by the consumer protection laws of the state in which the transaction took place.
 True.
 False.

9. The pleading stage in class action litigation is often described as the "main event."
 True.
 False.

10. District courts have the power to certify a California class and/or subclasses of states that have essentially the same laws.
 True.
 False.

11. Courts have long recognized that some choice-of-law issues may not require a full factual record and may be amenable to resolution on a motion to dismiss or strike when the necessary facts are pleaded in the complaint.
 True.
 False.

12. Standing requires that 1) the plaintiff suffered an injury in fact 2) the injury is fairly traceable to the challenged conduct, and 3) the injury is likely to be redressed by a favorable decision.
 True.
 False.

13. What Federal Rule of Civil Procedure allows for certification of class actions?
 A. Rule 23.
 B. Rule 52.
 C. Rule 44.
 D. Rule 40.

14. There was no dissent in Mazza.
 True.
 False.

15. One objective of CAFA was to reduce the number of large-scale interstate class actions in state courts.
 True.
 False.

16. A litigant who is unhappy with a district court's class certification decision can petition the court of appeals to review the decision.
 True.
 False.

17. California state courts have certified nationwide class actions under California law.
 True.
 False.

18. No other state courts besides California have certified nationwide state law class actions.
 True.
 False.

19. The court in Mazza noted that CAFA was aimed at stopping courts from ignoring pro-business laws.
 True.
 False.

20. Which federal circuit decided Mazza?
 A. The Fifth Circuit.
 B. The Seventh Circuit.
 C. The Tenth Circuit.
 D. None of the above.

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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