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


 
 

December 2006      MCLE Test and Answer Sheet

Test Number 154: Walk the Line

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education Legal Ethics 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 crime of obstruction of justice is limited to specific behaviors, such as threatening a witness or discarding documents.
 True.
 False.

2. Attorneys are no longer at risk for being charged with obstruction of justice because Congress passed 18 USC Section 1505(c).
 True.
 False.

3. Courts have recognized a special privilege for attorneys in obstruction of justice law.
 True.
 False.

4. In some circumstances an attorney can counsel a client not to testify even if it would result in the suppression of evidence.
 True.
 False.

5. The court in United States v. Rasheed defines "corruptly" in relation to obstruction of justice as "acting with an improper motive."
 True.
 False.

6. Attorneys in California have a duty derived from case law to zealously advocate for their clients.
 True.
 False.

7. In United States v. Cueto, the Seventh Circuit upheld attorney Cueto's conviction because he:
 A. Counseled his client to invoke his Fifth Amendment right.
 B. Entered into a business transaction with his client.
 C. Gave legal advice to a nonclient.
 D. A and B.

8. A prosecution for obstruction of justice is based exclusively on an attorney's conduct in a criminal proceeding.
 True.
 False.

9. A literal truth defense to obstruction of justice charges is uniquely available to attorneys.
 True.
 False.

10. In obstruction of justice law, a corrupt motive may not be found in the absence of an independently illegal act.
 True.
 False.

11. A lawyer engaged in a state litigation can be held liable for federal obstruction of justice.
 True.
 False.

12. It is possible for a lawyer to be charged with obstruction of justice for conduct that is otherwise entirely legal if the lawyer has the requisite intent.
 True.
 False.

13. Who bears the burden of proof at trial regarding mens rea in an obstruction of justice case?
 A. The defendant.
 B. The government.

14. For a lawyer to be found guilty of obstruction of justice, the lawyer must know about or have notice of a federal proceeding.
 True.
 False.

15. Attorneys who advise their own clients to invoke their Fifth Amendment rights are safe from prosecution for obstruction of justice.
 True.
 False.

16. Attorneys whose sole motive is to protect their clients from prosecution are always shielded from obstruction of justice charges.
 True.
 False.

17. Obstruction of justice charges for a civil attorney require a parallel criminal investigation.
 True.
 False.

18. California law defines obstruction of justice as "misleading conduct with the intent to obstruct or hinder...justice."
 True.
 False.

19. In the Third Circuit, 18 USC Section 1515(c) is:
 A. An element of the crime alleged in the indictment.
 B. An affirmative defense.

20. Encouraging witnesses to invoke their Fifth Amendment right in return for a benefit is legal under federal obstruction of justice statutes.
 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 Legal Ethics credit by the State Bar of California in the amount of one hour.

 


 
   
 

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