CAS Bar CAS California-specific Essays 3 — Questions and Answers
Question 1: At a California felony preliminary hearing, the standard of proof required to hold a defendant to answer is:
- Beyond a reasonable doubt
- Clear and convincing evidence
- Probable cause (Correct answer)
- Preponderance of the evidence
Correct answer: Probable cause
At a California preliminary hearing, the magistrate must find probable cause to believe the defendant committed the charged felony before holding the defendant to answer.
Question 2: California's constitutional right to privacy (Article I, Section 1) is distinctive because it:
- Applies only to state government actors
- Is explicitly enumerated in the text of the California Constitution (Correct answer)
- Provides less protection than the federal right
- Is limited to financial and medical information
Correct answer: Is explicitly enumerated in the text of the California Constitution
Unlike the federal right to privacy, which is judicially implied, California's right to privacy is expressly stated in Article I, Section 1 of the California Constitution.
Question 3: Under California Rules of Professional Conduct Rule 1.7, an attorney may represent a client despite a concurrent conflict of interest if:
- The attorney believes the representation will be competent and diligent
- Each affected client gives informed written consent after full disclosure (Correct answer)
- The opposing party consents in writing
- The court approves the conflicted representation
Correct answer: Each affected client gives informed written consent after full disclosure
California RPC Rule 1.7 permits conflicted representation only when each affected client provides informed written consent after the attorney discloses all material facts.
Question 4: Under California Business and Professions Code §6147, a contingency fee agreement in a civil case must be:
- Approved by the superior court before work begins
- In writing and signed by the client before or at commencement of representation (Correct answer)
- Filed with the State Bar within 30 days of signing
- Witnessed by a notary public
Correct answer: In writing and signed by the client before or at commencement of representation
California B&P Code §6147 requires contingency fee agreements to be in writing, signed by the client, and provided to the client before or at the time representation begins.
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:
- Double the base term for the current offense
- 25 years to life in state prison (Correct answer)
- Life without the possibility of parole
- The upper term of the sentencing triad
Correct answer: 25 years to life in state prison
California Penal Code §667(e)(2) mandates a sentence of 25 years to life when a defendant with two prior strike convictions is convicted of a new serious or violent felony.
Question 6: California Proposition 47 (2014) reclassified which of the following as misdemeanors rather than felonies?
- Robbery of amounts under $950
- Theft of property valued at $950 or less and simple drug possession for personal use (Correct answer)
- Any drug possession for personal use only
- Petty theft with a prior only
Correct answer: Theft of property valued at $950 or less and simple drug possession for personal use
Proposition 47 reclassified theft of property valued at $950 or less and simple drug possession for personal use from felonies or wobblers to misdemeanors under the Safe Neighborhoods and Schools Act.
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:
- Wheeler motion
- Romero motion (Correct answer)
- Marsden motion
- Pitchess motion
Correct answer: Romero motion
People v. Romero (1996) held that courts have inherent discretion under PC §1385 to strike prior conviction allegations in Three Strikes cases in the furtherance of justice.
CAS Bar CAS California-specific Essays 3
At a California felony preliminary hearing, the standard of proof required to hold a defendant to answer is: