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

MCLE Test and Answer Sheet
Test No. 118: Back SLAPP
(September 2003)
 
 
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. 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 $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. The term "SLAPP" is an acronym for "Strategic Lawsuit Against Public Participation."
 True.
False.

2. Courts originally construed the anti-SLAPP statute as being limited to claims by "common citizens" against developers.
 True.
False.

3. The anti-SLAPP statute entitles any person or entity that has been sued for exercising their statutory rights to bring a motion to strike the complaint.
 True.
False.

4. The anti-SLAPP statute may not be applied to lawsuits challenging conduct occurring during political campaigns, because all matters connected with political campaigns necessarily affect the "public interest."
 True.
False.

5. A defendant sued as the result of statements made before, or in connection with, an issue under consideration by a legally authorized official proceeding need not demonstrate that the statements concerned an issue of "public significance" in order to obtain the protection of the anti-SLAPP statute.
 True.
False.

6. A defendant sued as the result of statements made in commercial advertising need not demonstrate that the statements concerned an issue of public interest.
 True.
False.

7. Commercial advertising will never constitute a matter of public interest.
 True.
False.

8. A defendant must demonstrate that communications with public officials regarding pending legislation concern the public interest.
 True.
False.

9. In which of the following situations have courts found that an advertising or public relations campaign constituted activity protected by the anti-SLAPP statute?
A. A major drug manufacturer sued for false statements concerning a widely used medication.
B. A dental trade association sued by a public interest group for allegedly false statements concerning mercury amalgam fillings.
C. A taxpayers organization sued by a political action committee for allegedly illegal political advertising.
D. All of the above.

10. Courts apply a two-prong test in determining whether to grant a motion to strike a SLAPP suit.
 True.
False.

11. A court may grant a motion to strike a SLAPP suit even if the lawsuit was not filed for the purpose of chilling the exercise of constitutional rights.
 True.
False.

12. A plaintiff that defeats a motion to strike under the anti-SLAPP statute can only recover attorney's fees if the court finds that:
A. The motion was frivolous.
B. The motion was brought solely for the purpose of delay.
C. Either A or B.
D. There are no circumstances under which a prevailing plaintiff can recover attorney's fees.

13. A court has the discretion to award attorney's fees to a defendant that prevails on a motion to strike under the anti-SLAPP statute:
A. Only if the court determines that the complaint was frivolous.
B. Only if the court determines by a preponderance of the evidence that the plaintiff brought the action for the purpose of chilling the exercise of the defendant's constitutional rights.
C. If the court determines that such an award is necessary to punish and deter the filing of other SLAPPs.
D. The award of attorney's fees is mandatory if the defendant prevails.

14. "Garden variety" breach of contract claims can be subject to motions to strike under the anti-SLAPP statute.
 True.
False.

15. Which of the following communications have courts held to be not protected by the anti-SLAPP statute?
A. Communications with a Department of Housing and Urban Development investigator, who was investigating a complaint in connection with an official proceeding.
B. A confidential report filed with the California Department of Insurance. An insured was suing an insurer for unfair business practices allegedly described in the report.
C. Advice given to a tenant prosecuting a lawsuit against the tenant's landlord.
D. None of the above.

16. In response to Zhao v. Wong and other decisions narrowly construing the scope of the anti-SLAPP statute, the California Legislature in 1997 amended the anti-SLAPP statute to mandate that it be broadly construed.
 True.
False.

17. In which of the following circumstances must a defendant demonstrate that the challenged activity concerned a matter of public interest in order to be protected by the anti-SLAPP statute?
A. Statements made before a legislative committee considering a new statute.
B. Statements made in connection with an issue under consideration by a trial court.
C. Commercial advertising.
D. None of the above.

18. If the defendant shows that the lawsuit concerns communications or activity protected by the anti-SLAPP statute, the court must strike the complaint unless the plaintiff demonstrates each of the prima facie elements of the case by a preponderance of the evidence.
 True.
False.

19. The filing of litigation is protected by the anti-SLAPP statute.
 True.
False.

20. A lawsuit filed in state court in response to a previously filed federal lawsuit based on the same dispute will always be stricken pursuant to the anti-SLAPP statute.
 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.

 
   
   
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