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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.
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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."
2. Courts originally
construed the anti-SLAPP statute as being limited to claims by "common
citizens" against developers.
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.
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."
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.
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.
7. Commercial advertising
will never constitute a matter of public interest.
8. A defendant must
demonstrate that communications with public officials regarding pending
legislation concern the public interest.
9. In which of the
following situations have courts found that an advertising or public
relations campaign constituted activity protected by the anti-SLAPP
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.
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.
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.
15. Which of the
following communications have courts held to be not protected by the
A. Communications with a Department of Housing and Urban Development
investigator, who was investigating a complaint in connection with an
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
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.
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
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.
19. The filing of
litigation is protected by the anti-SLAPP statute.
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
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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.