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


 
 

December 2007     MCLE Test and Answer Sheet

Test No. 165: Muddy Waters

 
 

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. Under California law, who owns the water in the state?
A. The state of California.
B. Private parties.
C. The state and private parties jointly.
D. None of the above.

2. Maximum contaminant levels (MCLs) are:
A. Numerical standards set by the Department of Health Services (DHS).
B. Goals set by the State Water Resources Control Board (SWRCB).
C. Standards set by the courts.
D. None of the above.

3. The SWRCB's water policies are health-based.
 True.
 False.

4. Private parties have a usufructuary right to water.
 True.
 False.

5. A party cannot be found liable for damages if the concentration level of a constituent in drinking water is less than the MCL.
 True.
 False.

6. Which agency or agencies did the legislature authorize to determine what constitutes the MCL for a constituent?
A. SWRCB.
B. DHS.
C. SWRCB and DHS.
D. None of the above.

7. The In re Groundwater Cases decision adopted the "pure and wholesome" standard for regulated water utilities.
 True.
 False.

8. In water contamination cases, product liability claims may only be brought by the consumer.
 True.
 False.

9. Public water suppliers may deliver water to the consumer if constituents in the water exceed the MCL.
 True.
 False.

10. Nondegradation policy requires existing water quality to be maintained at a level:
 A. Equal to the maximum benefit to the people.
 B. Equal to the secondary MCL.
 C. Equal to the primary MCL.
 D. Equal to municipal standards.

11. Federal water quality standards preempt SWRCB regulations.
 True.
 False.

12. Judge Shira A. Scheindlin held that the MCL was a bright-line rule defining what constitutes a legal injury.
 True.
 False.

13. In re Groundwater Cases applied numerical standards in groundwater contamination cases involving entities regulated by the Public Utilities Commission as ell as municipal water providers.
 True.
 False.

14. Under the SWRCB nondegradation policy, excessive cleanup costs alone justify allowing degradation of water quality.
 True.
 False.

15. In Massachusetts, the MCL is the level at which water is:
 A. Useable for irrigation.
 B. Useable for livestock.
 C. Useable for human drinking.
 D. All of the above.

16. The acceptable or safe level of a constituent in drinking water is determined by whether it is below the MCL.
 True.
 False.

17. The SWRCB has determined that drinking water standards are the most stringent water quality objectives.
 True.
 False.

18. Courts have adopted uniform standards for determining liability in groundwater contamination cases.
 True.
 False.

19. A regulated water provider's legal duty is defined by the "pure and wholesome" language of the Safe Drinking Water Act.
 True.
 False.

20. The DHS MCLs are health-based standards.
 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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