CAS Bar CAS California-specific Essays 2 — Questions and Answers
Question 1: Under California community property law, which of the following is presumed to be community property?
- Property acquired before marriage
- Property acquired by gift during marriage
- Property acquired by either spouse during marriage (Correct answer)
- Property acquired by inheritance during marriage
Correct 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.
Question 2: Under California Family Code §852, a valid transmutation of community property to separate property requires:
- An oral agreement between the spouses
- A written declaration by the spouse whose interest is adversely affected (Correct answer)
- A notarized document filed with the court
- A written agreement signed by both spouses
Correct 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.
Question 3: When separate property funds are commingled with community property and cannot be traced, California law treats the commingled funds as:
- Separate property of the contributing spouse
- Community property (Correct answer)
- An equal split between separate and community
- Separate property subject to reimbursement
Correct 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.
Question 4: Under California Evidence Code §970, the spousal testimonial privilege in criminal proceedings may be invoked by:
- Only the accused spouse
- Only the witness spouse (Correct answer)
- Either spouse
- The prosecutor on behalf of the state
Correct 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.
Question 5: Under California Evidence Code §1242, a dying declaration (statement under belief of imminent death) is admissible in:
- Only homicide prosecutions
- Any civil or criminal proceeding (Correct answer)
- Only civil proceedings
- Any criminal proceeding regardless of charge
Correct 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.
Question 6: Under California Family Code §3011, the primary standard a court must apply in a child custody dispute is:
- The financial stability of each parent
- The preference of the older parent
- The best interest of the child, including health, safety, and welfare (Correct answer)
- Equal time-sharing between both parents
Correct 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.
Question 7: Under California's Domestic Violence Prevention Act (Family Code §6320), a temporary restraining order may be issued:
- Only after a criminal conviction for domestic violence
- Only if the parties are lawfully married
- On an ex parte basis without prior notice to the restrained party (Correct answer)
- Only with the written agreement of both parties
Correct 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.
CAS Bar CAS California-specific Essays 2
Under California community property law, which of the following is presumed to be community property?