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


 
 

September 2006      MCLE Test and Answer Sheet

Test Number 151: Criminal Prosecutions and Classified Information

 
 

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. Courts have held that the extraordinary disclosure burdens mandated by the Classified Information Procedures Act violate the Fifth and Sixth Amendment rights of defendants.
 True.
 False.

2. Outsider and insider defendants are entitled to unfettered access to classified information to use in their defense because they "should not stand in a worse position, because of the fact that classified information is involved, than they would without [CIPA]."
 True.
 False.

3. CIPA was enacted to strike a balance between the government's need to protect classified information and the defendant's Fifth and Sixth Amendment right to present a defense and to solve the problem of graymail.
 True.
 False.

4. Graymail is a lesser included offense of blackmail.
 True.
 False.

5. The court determines whether the benefits to the government of prosecuting a case outweigh the potential harm to national security from the disclosure of classified information at trial.
 True.
 False.

6. The court may resolve classified information issues through secret pretrial proceedings under CIPA Section 6 and, if necessary, during trial if the defendant has provided written notice under CIPA Section 5(a) that he or she reasonably expects to disclose classified information at trial.
 True.
 False.

7. A defendant has a right to an interlocutory appeal after an adverse ruling on the use, relevance, and admissibility of classified information.
 True.
 False.

8. A CIPA protective order requires defense counsel and other members of the defense team to obtain security clearances before receiving access to classified information.
 True.
 False.

9. CIPA applies to all state and federal criminal and civil matters involving classified information or state secrets.
 True.
 False.

10. The state secrets privilege is absolute and permits the government to deny access to information that, if disclosed, would harm national security.
 True.
 False.

11. The state secrets privilege may be invoked in criminal cases if the information at issue goes to the core of the claim or a potential defense.
 True.
 False.

12. CIPA Section 4, which governs classified discovery, allows the government to argue ex parte that it be allowed to delete classified information from discovery it provides or to furnish substitutions for the classified information in the form of summaries or admissions.
 True.
 False.

13. A defendant seeking to rebut the government's CIPA Section 4 request to limit discovery will not be permitted to make an ex parte presentation explaining the relevance of classified information to a potential defense.
 True.
 False.

14. CIPA does not impose any heightened burden that the defendant must satisfy to obtain classified discovery.
 True.
 False.

15. The government may make only one request for substitutions for classified information during the CIPA litigation process.
 True
 False.

16. Under CIPA Section 6(c)(1) the court will grant the government's motion for substitution if it finds that the statement or summary would "provide the defendant with substantially the same ability to make his defense as would disclosure" of the classified information.
 True.
 False.

17. If the court denies the government's motion for substitution and the government refuses to disclose the classified information at issue, the court must dismiss the indictment unless "the court determines that the interests of justice would not be served by dismissal."
 True.
 False.

18. The detailed procedures outlined in CIPA provide federal criminal defendants with numerous advantages, including the ability to work in the comfort of a SCIF.
 True.
 False.

19. If a defendant "reasonably expects to disclose or to cause the disclosure of at trial" certain classified information but does not list that information on the CIPA Section 5 notice, the court may exclude the information at trial.
 True.
 False.

20. The Department of Justice under the current administration does not favor the broad invocation of the state secrets privilege in civil cases.
 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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