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Los Angeles Lawyer

The Magazine of the Los Angeles County Bar Association

 
 

November 2005      MCLE Test and Answer Sheet

Test Number 142: State Lines

 
 

Instructions for Obtaining MCLE Credit

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 federal Americans with Disabilities Act (ADA) preempts state disability rights laws to the extent they provide lesser protection than the ADA.
 True.
 False.

2. California law has provided disability rights protections for over 30 years.
 True.
 False.

3. The ADA is the first federal law to outlaw disability discrimination.
 True.
 False.

4. The ADA, as interpreted by the U.S. Supreme Court in Sutton v. United Airlines, Inc., protects people with physical or mental impairments that can be mitigated by medication or devices such as glasses or hearing aids.
 True.
 False.

5. The Sutton decision interpreted the ADA as prohibiting discrimination on the basis of a disability, even if the disability only existed in the past.
 True.
 False.

6. It is difficult for people with mitigated impairments-such as diabetes, depression, and epilepsy-to be protected from discrimination under the ADA.
 True.
 False.

7. Mitigating measures under the ADA include medications as well as equipment.
 True.
 False.

8. The ADA does not apply to private businesses.
 True.
 False.

9. The California Fair Employment and Housing Act (FEHA) was amended in 2000 to adopt the same definition of disability contained in the ADA.
 True.
 False.

10. The California disability rights laws apply to a narrower group of people than the group protected by the federal ADA.
 True.
 False.

11. FEHA protects people whose impairments limit, but do not substantially limit, a major life activity.
 True.
 False.

12. Both California law (the Unruh Civil Rights Act and the Blind and Other Physically Disabled Persons Act) and Title 3 of the ADA allow parties to recover damages for disability discrimination by private businesses.
 True.
 False.

13. The Unruh Civil Rights Act provides damages in the sum of up to treble actual damages or statutory damages of $4,000 per violation.
 True.
 False.

14. A private business can be liable for a violation of the California disability rights laws each time a person with a disability is deterred from access to the business.
 True.
 False.

15. The ADA requires people with disabilities to notify private businesses of any violations before filing a lawsuit.
 True.
 False.

16. The district court in Molski v. Mandarin Touch Restaurant held that the only factor in deciding whether a person with a disability is a vexatious litigant is whether he or she has filed more than 300 lawsuits.
 True.
 False.

17. In Turner v. Association of American Medical Colleges, the superior court held that California law should be applied to accommodation requests made by California examinees sitting for the Medical College Admission Test.
 True.
 False.

18. California has played a leading role in the early development of disability discrimination law.
 True.
 False.

19. Courts in states other than California generally have interpreted their state laws to define disability in the same way as the ADA.
 True.
 False.

20. The Unruh Civil Rights Act and the Blind and Other Physically Disabled Persons Act, like FEHA, are designed to regulate employer-employee relationships.
 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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