FREE CAS Bar Specific Essays Questions and Answers
In California, which of the following is TRUE regarding the doctrine of adverse possession?
In California, the doctrine of adverse possession allows a person to claim ownership of land under certain conditions, one of which is continuous possession for a period of 10 years. The other requirements include that the possession must be open and notorious, hostile to the interests of the true owner, and exclusive. Paying property taxes for the land is also required, but this is typically done after the 5-year mark of possession, not the full 10 years.
According to California Rules of Professional Conduct, when is a lawyer required to withdraw from representing a client?
Under the California Rules of Professional Conduct, a lawyer is required to withdraw from representing a client if the client insists on pursuing a course of action that the lawyer considers to be frivolous or unethical. This obligation ensures that lawyers do not become complicit in actions that violate legal or ethical standards. Withdrawal is not necessarily required for non-payment of fees or when the client is convicted of a crime, although these circumstances might also justify withdrawal in certain cases.
Under the California Constitution, which of the following statements accurately describes the “right to privacy”?
he right to privacy is not explicitly stated in the California Constitution but is recognized as an implied right through various provisions, including the broader protections provided by the Constitution’s guarantee of individual liberties. California courts have interpreted the right to privacy as encompassing personal and informational privacy, and it is considered a fundamental right protected against unreasonable government intrusion, not limited to just communications but also encompassing personal and business aspects.
n California civil procedure, if a defendant wishes to challenge the court's personal jurisdiction, when must the defendant raise this issue?
Under California law, a challenge to the court's personal jurisdiction must be raised in the first pleading or motion filed in the case. Failure to do so waives the right to contest personal jurisdiction later in the proceedings. This is consistent with the principle of procedural fairness, ensuring that issues of jurisdiction are addressed early on.
Under California Evidence Code, which of the following statements is true about the admissibility of character evidence in a criminal trial?
n California, character evidence is generally inadmissible to prove a defendant’s conduct on a particular occasion. There are exceptions, such as when character evidence is relevant to the defendant's credibility or in specific types of cases like sexual offenses where certain character evidence might be permitted. The general rule is to prevent the jury from being swayed by the defendant’s character rather than the specific facts of the case.