CAS Bar CAS California-specific Essays 2

Question 1

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

Accepted Answer

Property acquired by either spouse during marriage

Answer

Property acquired before marriage

Answer

Property acquired by gift during marriage

Answer

Property acquired by inheritance during marriage

Question 2

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

Accepted Answer

A written declaration by the spouse whose interest is adversely affected

Answer

An oral agreement between the spouses

Answer

A notarized document filed with the court

Answer

A written agreement signed by both spouses

Question 3

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

Accepted Answer

Community property

Answer

Separate property of the contributing spouse

Answer

An equal split between separate and community

Answer

Separate property subject to reimbursement

Question 4

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

Accepted Answer

Only the witness spouse

Answer

Only the accused spouse

Answer

Either spouse

Answer

The prosecutor on behalf of the state

Question 5

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

Accepted Answer

Any civil or criminal proceeding

Answer

Only homicide prosecutions

Answer

Only civil proceedings

Answer

Any criminal proceeding regardless of charge

Question 6

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

Accepted Answer

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

Answer

The financial stability of each parent

Answer

The preference of the older parent

Answer

Equal time-sharing between both parents

Question 7

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

Accepted Answer

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

Answer

Only after a criminal conviction for domestic violence

Answer

Only if the parties are lawfully married

Answer

Only with the written agreement of both parties