HOME MEMBERSHIP CALENDAR JUDICIAL COUNCIL 

FORMS KNOW YOUR 

JUDGES DAILY 

EBRIEFS LA LAWYER




    For Attorneys
    For the Public
    About Us
    Jobs
    LA County
    Bar Foundation
    Law Students
    My Account


LACBA on Facebook.
LACBA on Twitter.
LACBA on LinkedIn.



 

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


 
 

May 2008     MCLE Test and Answer Sheet

Test No. 170: The Very Idea

 
 

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. In Buchwald v. Paramount Pictures Corporation, the motion picture Beverly Hills Cop, starring Eddie Murphy, was the subject of a breach of contract idea submission claim.
 True.
 False.

2. In 2008, the California Court of Appeal upheld the dismissal, on summary judgment, of a breach of implied contract claim involving the motion picture Wedding Crashers.
 True.
 False.

3. The California Court of Appeal overruled a demurrer in an idea submission case in:
 A. Weitzenkorn v. Lesser.
 B. Fink v. Goodson-Todman Enterprises, Ltd.
 C. Sutton v. Walt Disney Productions.
 D. A and B.

4. The substantial similarity test employed in breach of contract idea submission cases is identical to the substantial similarity test used in copyright infringement actions.
 True.
 False.

5. Which of the following cases concerned Branded, a television series?
 A. Desny v. Wilder.
 B. Weitzenkorn v. Lesser.
 C. Fink v. Goodson-Todman Enterprises, Ltd.
 D. None of the above.

6. At trial, the person who conceived of an idea may not testify regarding the value of the disclosure of that idea.
 True.
 False.

7. The Shakespearean play The Taming of the Shrew was the subject of an idea submission claim in Sutton v. Walt Disney Productions.
 True.
 False.

8. A plaintiff must show that his or her idea is novel in order to state a claim for breach of contract in an idea submission case.
 True.
 False.

9. Courts expressly refused to apply a "substantial similarity" standard in:
 A. Sutton v. Walt Disney Productions.
 B. Henried v. Four Star Television.
 C. Reginald v. New Line Cinema Corporation.
 D. None of the above.

10. In Desny v. Wilder, the court expressly acknowledged the possibility that the idea transmitted from the plaintiff to the defendant may lack value and thus not be the proper subject of a contract.
 True.
 False.

11. The plaintiff's idea was not embodied in a written disclosure in:
 A. Desny v. Wilder.
 B. Donahue v. Ziv Television Programs, Inc.
 C. Minniear v. Tors.
 D. None of the above.

12. The fact that two works contained heroes who traveled in chauffeur-driven Rolls-Royces was found to be sufficient to establish a cause of action in an idea submission case.
 True.
 False.

13. Proof of access alone may sometimes establish actual copying.
 True.
 False.

14. A defendant's independent creation of the work may be relevant in copyright infringement cases, but it is not relevant in state law idea submission cases.
 True.
 False.

15. In Fink v. Goodson-Todman Enterprises, Ltd., the court held that demurrers are inappropriate in breach of contract cases involving idea submission claims.
 True.
 False.

16. The court affirmed summary judgment for the defendant in:
 A. Desny v. Wilder.
 B. Reginald v. New Line Cinema Corporation.
 C. Donahue v. Ziv Television Programs, Inc.
 D. Minniear v. Tors.

17. In Sutton v. Walt Disney Productions, the California Court of Appeal explained that to state a cause of action for breach of contract on an idea submission theory, the plaintiff must demonstrate a substantial similarity between his or her ideas as embodied in his or her work and the defendant's work.
 True.
 False.

18. In Minniear v. Tors, the court permitted the plaintiff's case to survive a motion for nonsuit.
 True.
 False.

19. Questions of substantial similarity may be decided at the demurrer stage in idea submission cases.
 True.
 False.

20. The California Court of Appeal recently explained that a high degree of similarity is required to meet the substantial similarity test in idea submission 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.

 


 
  
 

Copyright 2008, Los Angeles Lawyermagazine. All Rights Reserved.

 

   
Los Angeles Lawyer
 
 
 
 
       
   
General Information
 
 
 
 
 
 
 
 
       
   
 
 
 
Online MCLE
 
 
 
 
Plus: Earn MCLE Credit