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


 
 

February 2006      MCLE Test and Answer Sheet

Test Number 145: Pest Control

 
 

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. When considering whether a litigant is vexatious, the period for determining whether the litigant has commenced, prosecuted, or maintained litigations is the immediately preceding 10 years.
 True.
 False.

2. The number of litigations commenced, prosecuted, or maintained in propria persona must be at least seven.
 True.
 False.

3. The litigations considered can include not only those in state or federal court but also those filed in a small claims court.
 True.
 False.

4. The filed litigations must have been either finally determined adversely to the litigant or unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing.
 True.
 False.

5. In order to be declared as a vexatious litigant one must do all four of the specific acts listed in Code of Civil Procedure Section 391.
 True.
 False.

6. A propria persona litigant must be a single individual.
 True.
 False.

7. A vexatious litigant may be required to post security.
 True.
 False.

8. A vexatious litigant may become subject to a prefiling order, which requires a litigant to obtain leave of court before filing a new action.
 True.
 False.

9. If a motion for security is filed, the litigation is stayed until the motion has been heard and determined.
 True.
 False.

10. Before ordering the plaintiff to furnish security, the court needs to determine not only that the litigant is vexatious but also that there is no probability that the plaintiff will prevail.
 True.
 False.

11. The amount of security to be posted is 20 percent of the dollar amount of damages requested by the plaintiff.
 True.
 False.

12. A ruling declaring the plaintiff to be a vexatious litigant is a ruling on the merits of the plaintiff's claims.
 True.
 False.

13. An indigent plaintiff is not required to post security.
 True.
 False.

14. A prefiling order, which requires the plaintiff to obtain leave of court prior to filing a new action, can only be obtained by a hearing on a motion filed by the defendant.
 True.
 False.

15. When a prefiling order is in place, the vexatious litigant must obtain leave of the judge who made the order before making any new filings.
 True.
 False.

16. Disobedience of a prefiling order may be punished by contempt of court.
 True.
 False.

17. The Judicial Council maintains a record of vexatious litigants.
 True.
 False.

18. One of the purposes of the vexatious litigant statute is to protect defendants against the financial burden of defending against repetitious, nonmeritorious lawsuits.
 True.
 False.

19. One of the purposes of the vexatious litigant statute is to prevent the abuse of the judicial process.
 True.
 False.

20. Security must be posted within 45 days after a motion to post security is heard and granted.
 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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