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

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:

Accepted Answer

A written declaration by the spouse whose interest is adversely affected

Answer

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:

Accepted Answer

Community property

Answer

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:

Accepted Answer

Only the witness spouse

Answer

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:

Accepted Answer

Any civil or criminal proceeding

Answer

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.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar CAS California-specific Essays 2