CAS Bar CAS California-specific Essays 3

Question 1

At a California felony preliminary hearing, the standard of proof required to hold a defendant to answer is:

Accepted Answer

Probable cause

Answer

Beyond a reasonable doubt

Answer

Clear and convincing evidence

Answer

Preponderance of the evidence

Question 2

California's constitutional right to privacy (Article I, Section 1) is distinctive because it:

Accepted Answer

Is explicitly enumerated in the text of the California Constitution

Answer

Applies only to state government actors

Answer

Provides less protection than the federal right

Answer

Is limited to financial and medical information

Question 3

Under California Rules of Professional Conduct Rule 1.7, an attorney may represent a client despite a concurrent conflict of interest if:

Accepted Answer

Each affected client gives informed written consent after full disclosure

Answer

The attorney believes the representation will be competent and diligent

Answer

The opposing party consents in writing

Answer

The court approves the conflicted representation

Question 4

Under California Business and Professions Code §6147, a contingency fee agreement in a civil case must be:

Accepted Answer

In writing and signed by the client before or at commencement of representation

Answer

Approved by the superior court before work begins

Answer

Filed with the State Bar within 30 days of signing

Answer

Witnessed by a notary public

Question 5

Under California's Three Strikes Law (Penal Code §667), a defendant with two prior serious or violent felony strikes who is convicted of a new serious or violent felony must receive a sentence of:

Accepted Answer

25 years to life in state prison

Answer

Double the base term for the current offense

Answer

Life without the possibility of parole

Answer

The upper term of the sentencing triad

Question 6

California Proposition 47 (2014) reclassified which of the following as misdemeanors rather than felonies?

Accepted Answer

Theft of property valued at $950 or less and simple drug possession for personal use

Answer

Robbery of amounts under $950

Answer

Any drug possession for personal use only

Answer

Petty theft with a prior only

Question 7

Under California Penal Code §1385, a trial court has discretion to dismiss a prior strike 'in the furtherance of justice.' This doctrine is known as:

Accepted Answer

Romero motion

Answer

Wheeler motion

Answer

Marsden motion

Answer

Pitchess motion