HOME MEMBERSHIP CALENDAR JUDICIAL COUNCIL 

FORMS KNOW YOUR 

JUDGES DAILY 

EBRIEFS LA LAWYER




    For Attorneys
    For the Public
    About Us
    Jobs
    LA County
    Bar Foundation
    Law Students
    My Account


LACBA on Facebook.
LACBA on Twitter.
LACBA on LinkedIn.



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

MCLE Test and Answer Sheet
Test No. 127: Second Acts
(June 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. Evidence under Evidence Code Section 1101(b) consists only of prior bad acts, such as felony and misdemeanor convictions.
 True.
False.

2. Only evidence of acts that occurred before the crime charged in a criminal case or before the conduct alleged in a civil action is admissible under Section 1101(b).
 True.
False.

3. Evidence may be admitted under Section 1101(b) to prove only these facts: "[M]otive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident or whether a defendant in a prosecution for an unlawful sexual act or attempted unlawful sexual act did not reasonably and in good faith believe that the victim consented."
 True.
False.

4. If evidence under Section 1101(b) is presented to show a party's disposition to commit the act at issue, courts will conduct a thorough analysis under Evidence Code Section 352 before admitting it into evidence.
 True.
False.

5. Courts have devised three general tests to determine whether evidence is relevant under Section 1101(b), and each test corresponds to one of three questions: 1) Did the act alleged occur? 2) who did it? and 3) what was the person's state of mind when doing it?
 True.
False.

6. Which test is used to determine whether the evidence presented under Section 1101(b) is admissible to prove that the act alleged has occurred?
A. The distinctive acts test.
B. The sufficient similarity test.
C. The common features test.

7. Which test is used to determine whether the evidence presented under Section 1101(b) is admissible to prove identity?
A. The common features test.
B. The distinctive acts test.
C. The sufficient similarity test.

8. Which test is used to determine whether the evidence presented under Section 1101(b) is admissible to prove mental state?
A. The common features test.
B. The distinctive acts test.
C. The sufficient similarity test.

9. Evidence admitted under the common features test must:
A. Have a sufficient number of common features and "a high degree of similarity" with the alleged acts and "must demonstrate not merely a similarity in results, but such a concurrence of common features that the various acts are naturally to be explained as caused by a general plan of which they are individual manifestations."
B. Must be so similar to the alleged conduct that it "share[s] common features that are sufficiently distinctive [to] support the inference that the same person committed both acts." The features must be so distinctive that they are "like a signature."
C. Be sufficiently similar to the alleged acts to allow the inference that the defendant probably had the same mental state in both instances.

10. Evidence admitted under the distinctive acts test must:
A. Be sufficiently similar to the alleged acts to allow the inference that the defendant probably had the same mental state in both instances.
B. Have a sufficient number of common features and "a high degree of similarity" with the alleged acts and "must demonstrate not merely a similarity in results, but such a concurrence of common features that the various acts are naturally to be explained as caused by a general plan of which they are individual manifestations."
C. Must be so similar to the alleged conduct that it "share[s] common features that are sufficiently distinctive [to] support the inference that the same person committed both acts." The features must be so distinctive that they are "like a signature."

11. Evidence admitted under the sufficient similarity test must:
A. Be sufficiently similar to the alleged conduct that it "share[s] common features that are sufficiently distinctive [to] support the inference that the same person committed both acts." The features must be so distinctive that they are "like a signature."
B. Be sufficiently similar to the alleged acts to allow the inference that the defendant probably had the same mental state in both instances.
C. Have a sufficient number of common features and "a high degree of similarity" with the alleged acts and "must demonstrate not merely a similarity in results, but such a concurrence of common features that the various acts are naturally to be explained as caused by a general plan of which they are individual manifestations."

12. A court must admit evidence under Section 1101(b) once the evidence satisfies one of the three tests for admissibility.
 True.
False.

13. One reason a court may refuse to admit evidence under Section 1101(b) is that the evidence may prompt a trial within a trial on the weight of the evidence presented.
 True.
False.

14. Once a court permits a prosecutor to admit evidence of the defendant's behavior under Section 1101(b), the prosecutor should argue which of the following during closing argument?
A. The evidence reflects the defendant's propensity to commit the crime.
B. The evidence powerfully links the defendant to the crime because personalities act in signature ways.
C. The evidence proves an ultimate fact in the case, such as the identity of the perpetrator, his or her motive, or his or her mental state.

15. After balancing the probative value of Section 1101(b) evidence with its potential prejudicial effect, a court must state on the record its detailed analysis as well as its conclusion.
 True.
False.

16. When filing a motion to admit Section 1101(b) evidence, counsel should insist on presenting as many witnesses as possible.
 True.
False.

17. Section 1101(b) is designed for the admission of character evidence under certain circumstances.
 True.
False.

18. To convince a court to admit evidence under Section 1101(b), an advocate should prepare a limiting instruction for the jury about the use of the evidence, or invite the court to use one.
 True.
False.

19. Proof of motive, while typically not the element of a crime or a civil action, is an intermediate fact that can lead to proof of an ultimate fact in a case, such as identity and intent.
 True.
False.

20. Section 1101(b) evidence of acts more serious than the alleged acts may be inadmissible as unfairly prejudicial.
 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.

   
Los Angeles Lawyer
 
 
 
 
       
   
General Information
 
 
 
 
 
 
 
 
       
   
 
 
 
Online MCLE
 
 
 
 
Plus: Earn MCLE Credit