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

MCLE Test and Answer Sheet
Test No. 125: Multiple Choice
(April 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. California's borrowing statute generally is applicable only in cases brought by non-California plaintiffs.
 True.
False.

2. California's borrowing statute only has been applied to borrow statutes of limitations from other jurisdictions and has never been applied to borrow a statute of repose.
 True.
False.

3. A federal court that has diversity jurisdiction will apply the statute of limitations of the forum in which it sits.
 True.
False.

4. A federal court with diversity jurisdiction will apply the choice of law rules of the state in which it sits.
 True.
False.

5. A federal court in California with federal question jurisdiction will apply California choice of law rules.
 True.
False.

6. A California state court will apply California law unless a party invokes the law of a foreign jurisdiction.
 True.
False.

7. California's Evidence Code provides that trial courts may take judicial notice of the decisional, statutory, and constitutional law of any state or foreign nation.
 True.
False.

8. If the interests of a foreign jurisdiction will not be significantly furthered by applying that jurisdiction's law, the court in California may conclude that there is a false conflict and apply California law.
 True.
False.

9. The question of whether two jurisdictions have any significant interests in having their respective law applied has been referred to as the governmental interest test.
 True.
False.

10. The comparative impairment test is concerned with determining which law embodies the better social policy, not with the relative commitment of the respective states to the laws involved.
 True.
False.

11. Whether one of the competing laws is "archaic and isolated" in comparison to the laws of the rest of the states may not be considered when conducting the comparative impairment test.
 True.
False.

12. In contracts cases involving contractual choice of law provisions, California courts look to the Restatement (Second) of Conflict of Laws.
 True.
False.

13. The Restatement (Second) of Conflict of Laws strongly favors enforcement of contractual choice of law provisions.
 True.
False.

14. In determining the enforceability of a contractual choice of law provision, the court looks to 1) whether the chosen state has a substantial relationship to the parties or their transaction, or 2) whether there is any other reasonable basis for the parties' choice of law.
 True.
False.

15. If either the substantial relationship or reasonable basis analyses are applicable to the contractual choice of law provision, the court must determine whether the law of the chosen state is contrary to a fundamental policy of California.
 True.
False.

16. If a California court ultimately determines that a foreign jurisdiction's law will apply, it becomes the province of the California court to determine and apply that law.
 True.
False.

17. When a California court applies the law of a foreign jurisdiction, the general rule is that the foreign court's statutory construction will not be followed.
 True.
False.

18. A California court applying a foreign jurisdiction's law must respect the decision of a foreign intermediary appellate court if it is the highest court in that jurisdiction to have ruled on the issue.
 True.
False.

19. A California court can never construe the meaning of a statute of a foreign jurisdiction before the courts in the foreign jurisdiction have done so.
 True.
False.

20. It is improper for a California court to determine the law of another state based on hearing expert testimony.
 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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