November 2013  LACBA MCLE Test and Answer Sheet

No. 229:  The Properties of Preemption

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 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 $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. Under California law, a creditor of a deceased person generally has one year from the date of death to bring an action against the deceased person’s successors.

2. A nonclaim statute relieves a creditor of the obligation to file a claim in a probate proceeding.

3. “CERCLA” refers to the Comprehensive Environmental Response, Compensation, and Liability Act.

4. An owner of real property is presumptively a potentially responsible party under CERCLA unless the owner can prove entitlement to innocent landowner status.

5. CERCLA only creates rights in the U.S. government, a state, or an Indian tribe and does not affect the rights of private parties against one another.

6. Code of Civil Procedure Section 366.2 bars actions for breach of contract brought more than one year after the death of a contracting party, even if the breach had not occurred prior to the date of death.

7. Federal statutes always preempt state statutes addressing the same subject matter.

8.Federal courts have uniformly held that the CERCLA statutes of limitation preempt state nonclaim statutes.

9. Statutes of repose differ from statutes of limitation in that statutes of repose may bar a suit before a cause of action has accrued.

10. CERCLA may extend the statute of limitation for actions under state law to recover damages for environmental torts.

11. California’s 10-year statute of limitations for construction defects may be extended by CERCLA.

12. Two U.S. courts of appeal have held that CERCLA provisions that extend state statutes of limitations for environmental torts were intended to apply equally to statutes of repose.

13. In order for a probate administrator to be protected by California’s nonclaim statutes, he or she must serve notice of the right to file a claim on all known or reasonably ascertainable creditors.

14. A creditor who is not timely served with notice of the right to file a probate claim must file a claim within six months of learning of the administration of the estate.

15. If a creditor does not have knowledge of facts reasonably giving rise to a claim as of 30 days prior to the expiration of the claims filing period, and therefore omits filing a claim, the creditor is forever barred from pursuing recovery.

16. The court in Witko v. Beekhuis held that any state statute of limitation running from the date of a responsible party’s death will be unaffected by CERCLA.

17. An administrator of a probate estate may rely on Code of Civil Procedure Section 366.2 to protect against all claims for damages based on environmental torts committed by the decedent.

18. Federal statutes will only preempt state statutes on the same subject matter when Congress has expressed a plain intent to preempt state law.

19. A court may infer preemption from federal regulation that is sufficiently comprehensive to leave no room for state regulation.

20. Federal law may be deemed to preempt state law to the extent it actually conflicts with federal law.

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.