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

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:

Accepted Answer

Is explicitly enumerated in the text of the California Constitution

Answer

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:

Accepted Answer

Each affected client gives informed written consent after full disclosure

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

25 years to life in state prison

Answer

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.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar CAS California-specific Essays 3