September 2017 LACBA MCLE Test and Answer Sheet

Test No. 270: Drive Responsibly

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
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-study 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. One of the purposes of the Personal Responsibility Act of 1996 was to bar drivers who have not complied with the financial responsibility laws from recovering noneconomic damages in an action arising from a motor vehicle accident.


2. Vehicle owners must comply with the financial responsibility laws to recover noneconomic damages in an action arising from a motor vehicle accident, but nonowner vehicle operators are exempted from the financial responsibility laws.


3. One way to comply with the financial responsibility laws is to maintain vehicle liability insurance.


4. The Vehicle Code defines an “uninsured motor vehicle” as one for which financial responsibility was not in effect at the time an accident occurs.


5. Under former Vehicle Code Section 420—the “security following accident” law—an uninsured driver could avoid license suspension by depositing cash with the Department of Motor Vehicles in an amount the DMV assessed would satisfy any potential judgment against him or her.


6. California appellate courts have held that maintaining financial responsibility is an obligation that is concurrent with owning or operating a vehicle.


7. In Figueroa v. United States, a federal district court concluded that an uninsured plaintiff who made a cash deposit with the DMV after an accident was not in compliance with the financial responsibility laws at the time of the accident.


8. A vehicle owner involved in an accident can comply with the financial responsibility laws by signing a document assuring the other driver that he or she will subsequently post a cash deposit with the DMV.


9. California Vehicle Code Section 16054.2, which governs cash deposits with the DMV under the financial responsibility laws, does not expressly state that such deposits must be in place as a precondition to owning or operating a vehicle.


10. A vehicle operator must at all times carry in the vehicle proof of some form of financial responsibility.


11. Vehicle owners must show compliance with the financial responsibility laws in order to renew their vehicle registration.


12. To use the cash deposit option as a means of complying with the financial responsibility laws, a vehicle owner or operator must deposit $75,000 with the DMV.


13. Under California rules of statutory construction, the statutes addressing cash deposits should be read and interpreted separately from the remaining statutes comprising the financial responsibility laws.


14. According to the California Driver Handbook published by the DMV, one way to comply with the financial responsibility laws is to allow the DMV to secure a lien against a registered vehicle.


15. The DMV must notify drivers concerning the penalties for failing to comply with the financial responsibility laws.


16. A defendant in an action arising from a motor vehicle accident may file a motion for summary adjudication on the question whether plaintiff failed to comply with the financial responsibility laws and therefore is not entitled to recover noneconomic damages.


17. A defendant in an action arising from a motor vehicle accident may file a motion in limine to exclude evidence of noneconomic damages based on Prop­osition 213 if the plaintiff failed to comply with the financial responsibility laws.


18. The question whether a plaintiff was in compliance with the financial responsibility laws is a preliminary fact on which the admissibility of noneconomic damages hinges and may therefore be resolved by the trial court.


One way to demonstrate compliance with the financial responsibility laws is to carry a certificate acknowledging that cash has been deposited with the DMV.


20. The DMV may suspend, cancel, or revoke a vehicle’s registration if the owner fails to provide proof of financial responsibility.

 


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.