A Simple Legal Literacy Test for Readers
All of us live with the law every day. But how much do we really know about it?
Last week, the State Bar of California announced the findings of its first-ever legal literacy test, and the results were very disappointing. The telephone survey of 440 California adults demonstrated a significant lack of knowledge about and familiarity with fundamental legal topics such as the Bill of Rights, family and criminal law and consumer rights.
The questionnaire contained 24 true/false and multiple-choice questions in three broad categories: good citizenship questions that focused on constitutional issues and how the legal system works in general; practical, consumer-oriented points people need to know to conduct their daily affairs, and legal “technicalities” involving facts people would need to know if they were involved in a suit or dispute. All of them are questions that regular readers of Legal View should be able to answer, if they have been reading carefully and regularly.
Here’s a chance to test your knowledge. What follows is a selected list of the questions, the answers, the percentage of respondents who answered correctly and a brief explanation:
* What do you call the person who sues somebody else in a civil lawsuit? Complainant, Accuser, Bailiff or Plaintiff. The answer is plaintiff, and 70% of the respondents knew that bit of legalese.
* A contract is never legally enforceable unless it is in writing. False. Only 45% knew that. Most agreements do not have to be in writing to be binding in court; a handshake deal can be the basis for a breach-of-contract lawsuit. There are some exceptions and restrictions, however.
* If you lose a credit card and do not notify your credit card company, the most you will have to pay is $50 for any purchases you did not make. This is a true statement, known by only 32% of the public. It’s not only required by law, it is in the small print on all those credit card disclosure statements you never read.
* If you have purchased an item from a door-to-door sales person, you have three days to change your mind and cancel the contract without further obligation. This is true, and 59% answered correctly. In fact, the same legal rule applies to a few other selected contracts in certain industries that have had problems with fraud and excess sales pressure.
* In California, if you are married, you automatically own half of the property your husband or wife inherits during the marriage. This is false, and only 29% answered correctly. Generally, spouses share their community property equally, but inheritances and gifts are specifically treated as separate property owned solely by the spouse who receives them.
* If you are married and have children and die without a will, there is no way your property or money will go to your spouse or children. This was not a tough one; 79% knew that the answer is false. If you die without a will, statutory rules set forth who will receive your money, and your spouse and children are first in line.
* If you resist arrest by a police officer, you have committed a crime even if you are innocent of any other wrongdoing. It is reassuring to know that 87% of the respondents knew that resisting arrest is a separate crime, even if the arrest itself is uncalled for, but unfortunately a more basic constitutional right, the next question, is not widely understood.
* If you are charged with a criminal offense, it is up to you to prove that you did not commit the crime. This is false. The American criminal justice system, unlike those in some other nations, is based on the proposition that defendants are presumed innocent until proven guilty. Only 52% of the populace knew that fundamental fact.
With results like these, it looks like Legal View has its work cut out. Next week, we’ll review more of the questions and answers and report on what is being done to improve our state’s legal literacy.
Klein is an attorney and president of The Times Valley and Ventura County editions. Brown is professor of law emeritus at USC and chairman of the board for the National Center for Preventive Law. They cannot answer mail personally but will respond in this column to questions of general interest about law. Do not telephone. Write to Jeffrey S. Klein, The Times, 9211 Oakdale Ave., Chatsworth, Calif. 91311.
