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


September 2008     MCLE Test and Answer Sheet

Test No. 173: Life after 64


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
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 California Supreme Court's decision in Californians for Disability Rights v. Mervyn's, LLC, changed the substantive rules governing competitive conduct among businesses.

2. Under the Unfair Competition Law, a private plaintiff may recover restitution only of those profits that the defendant has unfairly obtained from the plaintiff and in which the plaintiff has an ownership interest.

3. Lawyers have been sued for malpractice for not considering the pleading of a UCL cause of action in a wage-and-hour class action.

4. Proposition 64 was approved by California's voters on November 2, 2000.

5. Proposition 64 requires a private plaintiff bringing a UCL claim to have:
 A. Suffered injury in fact.
 B. Lost money or property as a result of the alleged unfair competition.
 C. A or B.
 D. A and B.

6. Proposition 64 also requires a private plaintiff to:
 A. Satisfy the requirements of California's class action statute.
 B. Prove illegal acts were committed to violate Business and Professions Code Section 17200.
 C. Serve notice prior to the suit.
 D. Verify that the plaintiff has never violated Civil Code Section 1747.08.

7. Question withdrawn.

8. Even before a single plaintiff has standing to sue under the UCL after Proposition 64, the plaintiff must demonstrate that the defendant's alleged act caused the injury that is the subject of the plaintiff's complaint.

9. The plaintiff in Hall v. Time, Inc., complained that Time sent invoices for its books:
 A. Before a customer actually asked for a book in order to induce an order.
 B. Before the free trial period ended to obtain immediate payment.
 C. In violation of the Fair Debt Collection Practices Act.

10. The court in Anunziato v. eMachines, Inc., was not concerned about hypothetical situations in which a causation requirement would foreclose UCL actions.

11. The court of appeal in Pfizer, Inc. v. Superior Court agreed with Anunziato that to satisfy Proposition 64's injury-in-fact requirement in a false advertising case under the UCL, the representative plaintiff and each putative class member must plead and prove that he or she saw, read, and relied upon the advertising at issue in purchasing the defendant's product.

12. A plaintiff cannot create standing under the UCL by buying a product solely for purposes of litigation.

13. To what authority may California courts look for guidance in determining what is unfair under the UCL?
 A. The federal Truth in Lending Act.
 B. The Federal Trade Commission Act.
 C. Securities and Exchange Commission rules and regulations.
 D. The Class Action Fairness Act.

14. The type of evidence required by appellate courts to support a verdict is:
 A. Substantial.
 B. Sufficient.
 C. Clear and convincing.
 D. Scintillating.

15. In some types of non-UCL cases, nominal damages may be awarded when a cause of action is proved but no substantial damage is shown.

16. Despite the name, nominal damages may range from $1 up to $1,000.

17. Class actions cannot be used to alter substantive rights.

18. If subgroups of putative class members have suffered no injury and have no standing, courts have found class definitions to be impermissibly overbroad and denied certification.

19. The Truth in Lending Act caps damages at the lesser of $500,000 or 5 percent of the defendant's net worth.

20. Under what authority have courts increasingly found class certification improper when the imposition of statutorily mandated civil penalties would be disproportionate to the harm suffered?
 A. The Truth in Lending Act.
 B. The Fair and Accurate Credit Transactions Act.
 C. The Racketeer Influenced Corrupt Organizations Act.
 D. A and B.

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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