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.
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. Parties to an arbitration agreement governed by the California Arbitration Act (CAA) can agree to expanded judicial review of an arbitration award. True. False.
2. The Ninth Circuit has held that parties to an arbitration agreement governed by the Federal Arbitration Act (FAA) can agree to expanded judicial review of an arbitration award. True. False.
3. If federal appellate courts are divided on a federal question, state courts must make an independent determination of federal law. True. False.
4. A Ninth Circuit Court of Appeals opinion on a federal question that is not in conflict with any other federal court of appeals opinion is binding on California state courts. True. False.
5. In all federal courts, an arbitration award can be vacated if it is determined to be in “manifest disregard of the law.” True. False.
6. Parties to an arbitration agreement governed by the FAA can enforce their agreement, or a resulting award, in federal court because the FAA provides a basis for federal jurisdiction. True. False.
7. Which one of the following federal circuits does not allow parties to agree to expanded judicial review of arbitration awards? A. Third Circuit. B. Fourth Circuit. C. Fifth Circuit. D. Tenth Circuit.
8. Which one of the following federal circuits allows parties to agree to expanded judicial review of arbitration awards? A. Fifth Circuit. B. Seventh Circuit. C. Eighth Circuit. D. Tenth Circuit.
9. In what year was the FAA enacted? A. 1925. B. 1935. C. 1945. D. 1955.
10. In California, it is unsettled whether arbitration agreements governed by the CAA that contain a provision for expanded judicial review of an award are void. True. False.
11. Decisions of the Ninth Circuit Court of Appeals are binding upon federal district courts in California even if contrary authority exists in other circuit courts of appeals. True. False.
12. Decisions of the U.S. Supreme Court on federal questions are binding on state courts. True. False.
13. Decisions of one district of the California Court of Appeal are binding upon other districts of the court of appeal. True. False.
14. The purpose of the FAA was to abolish longstanding antiarbitration laws and to make arbitration agreements within its purview specifically enforceable. True. False.
15. Section 10(a) of the FAA authorizes a court to vacate an arbitration award that contains errors of law. True. False.
16. The CAA authorizes a court to vacate an arbitration award that contains errors of law. True. False.
17. Under the FAA, an arbitration conducted within one federal circuit can be confirmed or vacated in another federal circuit if venue exists. For example, an arbitration conducted in Los Angeles can be confirmed or vacated in Chicago if venue exists in Chicago. True. False.
18. Crowell v. Downey Community Hospital Foundation was a majority, as opposed to unanimous, decision. True. False.
19. Under California law, arbitration can be stayed pending a judicial determination whether the arbitration should proceed on a classwide basis. True. False.
20. The decision in Crowell construed both the FAA and the CAA. True. False.
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*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.