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


 
 

December 2005      MCLE Test and Answer Sheet

Test Number 143: Rights for Wrongs

 
 

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. As a result of Venegas v. County of Los Angeles, a Civil Code Section 52.1 plaintiff need not be a member of a protected class under Civil Code Section 51.7, the hate crimes statute.
 True.
 False.

2. A constitutional or statutory violation resulting from threats, intimidation, or coercion will support a claim under Section 52.1.
 True.
 False.

3. Attorney's fees are not available in cases brought pursuant to Section 52.1.
 True.
 False.

4. Portions of Section 52.1 were modeled on the Texas Civil Rights Act of 1979.
 True.
 False.

5. Statutory per violation damages under Section 52 may be available in Section 52.1 claims.
 True.
 False.

6. Absent statutory per violation damages, many damages cases under Section 52.1 might not be certified as class actions on the ground that the damages would be too individualized.
 True.
 False.

7. If statutory per violation damages are not available, a damages class might by certified by the use of aggregate evidence, including statistical sampling.
 True.
 False.

8. The Seventh Amendment may prevent the use of statistical sampling to determine damages in state court cases.
 True.
 False.

9. Which of the following need not be proven to certify a class action?
 A. Numerosity.
 B. Commonality.
 C. Liability.
 D. Typicality.

10. There is no violation of Section 52.1 unless violence is involved in the threat, intimidation, or coercion that deprived the plaintiff of a statutory right.
 True.
 False.

11. The use of statutory per violation damages counters the defense argument that a class cannot be certified because:
  A. The damages would be too low to justify a class action.
  B. The damages would be too high to allow a class action.
  C. It would be impossible to determine each class member's injuries.
  D. The damages are too individualized to allow for class certification.

12. Injunctive relief is not available for a violation of Section 52.1.
 True.
 False.

13. In 2000 the California Legislature reaffirmed the ruling in Boccato v. City of Hermosa Beach that Section 52.1 only protects against invidious discrimination.
 True.
 False.

14. Private plaintiffs may obtain $25,000 statutory fines against defendants in a Section 52.1 case.
 A. Yes
 B. No.
 C. Probably.
 D. Probably not.

15. Trial courts have very little discretion in determining whether to certify a class.
 True.
 False.

16. A presumption exists against the certification of class actions, and courts are supposed to err on the side of denying certification.
 True.
 False.

17. Cases may be certified as class actions for liability purposes only, with damages left to individual determinations.
 True.
 False.

18. Class actions were designed for civil rights cases in which injunctive relief is sought for a large class that is sometimes difficult to determine with precision.
 True.
 False.

19. Courts have certified class actions under Section 52 based on the statutory damages available under that section.
 True.
 False.

20. California courts may look to cases interpreting and applying the Massachusetts Civil Rights Act of 1979 when deciding cases under Civil Code Section 52.1.
 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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