CAS California-specific Essays Flashcards

Under California community property law, which of the following is presumed to be community property?

Answer: Property acquired by either spouse during marriage

Under California Family Code §760, all property acquired by either spouse during marriage is presumed to be community property.

Under California Family Code §852, a valid transmutation of community property to separate property requires:

Answer: A written declaration by the spouse whose interest is adversely affected

California Family Code §852 requires transmutation to be made in writing by an express declaration by the spouse whose interest is adversely affected, not merely a joint signature.

When separate property funds are commingled with community property and cannot be traced, California law treats the commingled funds as:

Answer: Community property

When separate property is so commingled with community property that it cannot be traced, California law converts the entire fund to community property.

Under California Evidence Code §970, the spousal testimonial privilege in criminal proceedings may be invoked by:

Answer: Only the witness spouse

California Evidence Code §970 vests the spousal testimonial privilege in the witness spouse, who may refuse to testify against his or her spouse in any proceeding.

Under California Evidence Code §1242, a dying declaration (statement under belief of imminent death) is admissible in:

Answer: Any civil or criminal proceeding

California Evidence Code §1242 permits dying declarations in any civil or criminal proceeding, making California's rule broader than the federal rule, which limits them to homicide cases and civil actions.

Under California Family Code §3011, the primary standard a court must apply in a child custody dispute is:

Answer: The best interest of the child, including health, safety, and welfare

California Family Code §3011 requires courts to determine custody based on the best interest of the child, with particular attention to health, safety, and welfare.

Under California's Domestic Violence Prevention Act (Family Code §6320), a temporary restraining order may be issued:

Answer: On an ex parte basis without prior notice to the restrained party

California Family Code §6320 allows courts to issue temporary restraining orders ex parte — without prior notice to the restrained party — when there is an immediate danger of domestic violence.