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

MCLE Test and Answer Sheet
Test No. 122: In a Class of Their Own
(January 2004)


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. A taking allegation under the Fifth Amendment cannot be based on an adverse land use action or decision by a local planning commission or zoning board.
 True.
False.

2. The Village of Willowbrook v. Olech decision created a "class of one" equal protection claim.
 True.
False.

3. Justice Breyer’s concurrence in Olech attempts to narrow the majority opinion by stressing the importance of an "extra factor," such as "‘vindictive action,’ ‘illegitimate animus,’ or ‘ill will’" by the government.
 True.
False.

4. "Class of one" plaintiffs will most likely be successful if they plead disparate treatment without governmental animus.
 True.
False.

5. Most post-Olech courts have ignored the theory of Breyer’s concurrence.
 True.
False.

6. A bad faith violation of state law is a constitutional tort.
 True.
False.

7. An equal protection claim based on a preliminary denial of a land use permit can be ripe for adjudication under Article III even though the permit process has not been completed.
 True.
False.

8. The Supreme Court in Williamson County Regulatory Planning Commission v. Hamilton Bank held that a taking or due process case arising from the denial of a land use permit may not be brought in federal court until the denial has been fully litigated in state court.
 True.
False.

9. The Ninth Circuit in Carpinteria Valley Farms, Ltd. v. County of Santa Barbara decided that the Williamson ripeness principles do not apply to an equal protection claim that includes a claim of animus.
 True.
False.

10. The federal statute of limitations for equal protection claims tracks the appropriate state personal injury statute.
 True.
False.

11. The "continuing violation" theory permits a plaintiff to seek recovery for acts that are otherwise barred by the statute of limitations.
 True.
False.

12. The doctrine of abstention may apply in land use disputes.
 True.
False.

13. The doctrine of qualified immunity may provide a defense to claims alleging a constitutional violation.
 True.
False.

14. The California anti-SLAPP statute may provide a defense in federal diversity cases but not in federal question cases.
 True.
False.

15. The U.S. Supreme Court has ruled that state and local governments have very narrowly circumscribed powers to regulate a private citizen’s use of his or her own property.
 True.
False.

16. Local regulation of private property on the basis of aesthetics has been upheld by the courts.
 True.
False.

17. Traditionally, equal protection and due process challenges to local land use decisions have been evaluated under the "rational relationship" test.
 True.
False.

18. It is a well-established principle of law that each parcel of real property is unique.
 True.
False.

19. A land use decision that affects an owner’s First Amendment rights may be subject to a higher level of scrutiny.
 True.
False.

20. Accessory uses of land, such as charity events, can never be regulated by local government.
 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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