December 2015 LACBA MCLE Test and Answer Sheet

Test No. 252: Trouble at School

 To access the article related to this test, please click here
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 $20 testing fee ($25 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 U.S. Government Accountability Office will not interfere with the practices of for-profit career colleges.

2. Students commonly bring claims against schools under the Business and Professions Code.

3. The California Education Code provides guidelines for how schools can operate.

4. A school cannot be disciplined for overstating the availability of jobs upon graduation.

5. A school can freely advertise truthful information about graduation rates and prospects for employment.

6. Student claims against a school for unfair business practices can lead to a school's closing.

7. Schools are permitted to advertise information that they reasonably could know may be misleading.

8. A student can bring both statutory and common law claims against a school.

9. In order to succeed on a claim for fraud, a student does not need to prove that the school knew that the representation it was making was false.

10. In order to succeed on a claim of negligent misrepresentation, a student does not need to prove that the school intended to induce the student's reliance.

11. In order to succeed on a claim of negligent misrepresentation, a student does not need to prove that he or she was harmed.

12. The main difference between fraud and negligent misrepresentation is that fraud requires an element of scienter.

13. A student is able to sue a former school even if he or she is not a current student at that school.

14. The Consumer Financial Protection Bureau may protect the interests of students against predatory lending and illegal debt collection.

15. The U.S. Senate's Health, Education, Labor, and Pension Committee studies the enrollment, retention rates, and profits of for-profit universities.

16. California state-funded schools are not required to comply with California's record management program.

17. Schools should make statistics easily available to prospective students regarding tuition costs, graduation rates, and hiring opportunities.

18. Schools should only maintain records for one year in case a claim is later brought against them.

19. In Goehring v. Chapman University, the student claimants were able to succeed on their causes of action despite their inability to prove that their damages were directly related to their reliance on representations made by the school.

20. Both the California Code of Regulations and the Code of Federal Regulations govern record retention.

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.