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


 
 

March 2006      MCLE Test and Answer Sheet

Test Number 146: Logging Rights

 
 

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 Ninth Circuit and California state courts have held that the proponent of a privilege bears the burden of proof to establish that the privilege applies.
 True.
 False.

2. Under the Federal Rules of Civil Procedure, to establish that a privilege applies, the proponent of a privilege must provide sufficient information to enable other parties to assess the applicability of the privilege.
 True.
 False.

3. In some cases, providing the information required in a standard privilege log for each document--such as the names of the authors and recipients or the date, title, or subject matter--can reveal privileged or protected information.
 True.
 False.

4. Under the Federal Rules of Civil Procedure, if information relevant to the establishment of a privilege is itself privileged, that information must be disclosed.
 True.
 False.

5. Federal courts in some circuits have held that a party waives privileges by failing to timely serve a privilege log.
 True.
 False.

6. In In re Grand Jury Investigation (United States v. The Corp.), a 1993 case, the Ninth Circuit held that in response to a request for production of documents, a party must produce a privilege log to preserve any privileges.
 True.
 False.

7. In its May 2005 ruling in Burlington Northern v. Santa Fe Railroad Company, the Ninth Circuit held that boilerplate objections included in a response to a discovery request are presumptively sufficient to preserve privileges.
 True.
 False.

8. The Ninth Circuit held in Burlington Northern that providing the particulars typically included in a privilege log is presumptively sufficient to preserve privileges.
 True.
 False.

9. In Burlington Northern, the Ninth Circuit held that a court should determine on a case-by-case basis the information needed to assert a privilege.
 True.
 False.

10. California courts have held that boilerplate objections made in a response to a discovery request are sufficient to preserve privileges or protections.
 True.
 False.

11. California courts have held that a party is not subject to sanctions for the use of boilerplate objections to invoke privileges or protections in response to a discovery request.
 True.
 False.

12. California courts have held that a waiver of privileges is a proper sanction for a party's failure to timely serve a privilege log.
 True.
 False.

13. California courts have described the term "privilege log" as jargon and noted that it does not appear in the Code of Civil Procedure.
 True.
 False.

14. A state court in California may not order a party to prepare a privilege log.
 True.
 False.

15. The purpose of a privilege log, according to California courts, is to provide a factual description of documents to aid in the court's determination of whether a party's claim of privilege for the documents is warranted.
 True.
 False.

16. Federal courts have permitted parties to use declarations instead of privilege logs to establish the basis for privileges or protections.
 True.
 False.

17. Federal courts have held that it may be sufficient to describe documents in a privilege log by categories rather than on a document-by-document basis.
 True.
 False.

18. Under the Federal Rules of Civil Procedure, it is improper for a party seeking to establish privileges for documents to describe them by categories rather than individually merely because the number of documents involved is voluminous.
 True.
 False.

19. The use of category privilege logs is a recent innovation.
 True.
 False.

20. Federal courts have refused to permit parties to use category privilege logs if this type of log would not provide sufficient information for the court to establish the basis for the claimed privileges or protections.
 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.


 
   
 

Copyright 2006, Los Angeles Lawyer magazine. All Rights Reserved.

 

   
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