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Law Knowledge Test

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Law Knowledge Test

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1. [question property 111] what is required for a deed to be lawfully executed?

What the *third party* reasonably believed, based on the principal's statements or conduct(1) congress cannot compel state or local legislatures to pass laws that serve federal regulatory purposes. - Example: federal statute compelled state legislatures to regulate radioactive waste - (2) congress cannot â€œcommandeerâ€ state or local executive or administrative officers to regulate their citizens according to federal requirements. - Example: federal gun law required local sheriffs to conduct background checks - (3) congress cannot subject the public sector alone to regulations or taxes that do not apply evenhandedly to similar activities in the private sector. - - Exceptions: - (1) federal regulatory conditions attached to a grant of money to state and local governments. (â€œusing the carrot instead of the stickâ€). - (2) appropriate remedial legislation under 14th amendment Â§5 is not subject to 10th amendment restrictions. (â€œ14th amendment rolls back the 10thâ€)Irrelevant in so far as contracts.1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must exist

2. Adequacy of consideration.

What the *third party* reasonably believed, based on the principal's statements or conduct(1) congress cannot compel state or local legislatures to pass laws that serve federal regulatory purposes. - Example: federal statute compelled state legislatures to regulate radioactive waste - (2) congress cannot â€œcommandeerâ€ state or local executive or administrative officers to regulate their citizens according to federal requirements. - Example: federal gun law required local sheriffs to conduct background checks - (3) congress cannot subject the public sector alone to regulations or taxes that do not apply evenhandedly to similar activities in the private sector. - - Exceptions: - (1) federal regulatory conditions attached to a grant of money to state and local governments. (â€œusing the carrot instead of the stickâ€). - (2) appropriate remedial legislation under 14th amendment Â§5 is not subject to 10th amendment restrictions. (â€œ14th amendment rolls back the 10thâ€)1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must existIrrelevant in so far as contracts.

3. Apparent authority

Irrelevant in so far as contracts.1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must existWhat the *third party* reasonably believed, based on the principal's statements or conduct(1) congress cannot compel state or local legislatures to pass laws that serve federal regulatory purposes. - Example: federal statute compelled state legislatures to regulate radioactive waste - (2) congress cannot â€œcommandeerâ€ state or local executive or administrative officers to regulate their citizens according to federal requirements. - Example: federal gun law required local sheriffs to conduct background checks - (3) congress cannot subject the public sector alone to regulations or taxes that do not apply evenhandedly to similar activities in the private sector. - - Exceptions: - (1) federal regulatory conditions attached to a grant of money to state and local governments. (â€œusing the carrot instead of the stickâ€). - (2) appropriate remedial legislation under 14th amendment Â§5 is not subject to 10th amendment restrictions. (â€œ14th amendment rolls back the 10thâ€)

4. Tenth amendment limits on congressional powers:

(1) congress cannot compel state or local legislatures to pass laws that serve federal regulatory purposes. - Example: federal statute compelled state legislatures to regulate radioactive waste - (2) congress cannot â€œcommandeerâ€ state or local executive or administrative officers to regulate their citizens according to federal requirements. - Example: federal gun law required local sheriffs to conduct background checks - (3) congress cannot subject the public sector alone to regulations or taxes that do not apply evenhandedly to similar activities in the private sector. - - Exceptions: - (1) federal regulatory conditions attached to a grant of money to state and local governments. (â€œusing the carrot instead of the stickâ€). - (2) appropriate remedial legislation under 14th amendment Â§5 is not subject to 10th amendment restrictions. (â€œ14th amendment rolls back the 10thâ€)Irrelevant in so far as contracts.1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must existWhat the *third party* reasonably believed, based on the principal's statements or conduct

5. Reliance damages

Reimbursement, not about the benefit of the bargain. Reliance puts you back to square one.What the *third party* reasonably believed, based on the principal's statements or conduct1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must existIrrelevant in so far as contracts.

6. Name the exceptions to oregon circuit courts' "general" jurisdiction.

What the *third party* reasonably believed, based on the principal's statements or conductThe oregon tax court and the federal courts.Irrelevant in so far as contracts.1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must exist

7. Rule for testamentary capacity

A will is void unless the testator is (1) the required age and (2) of sound mind at the moment the will is executed.Irrelevant in so far as contracts.1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must existWhat the *third party* reasonably believed, based on the principal's statements or conduct

8. Requirements contracts/output contracts (whether requirements or output contract)

A contract for the sale of goods can state the quantity of goods to be delivered under the contract in terms of the buyer's requirements or seller's output or in terms of exclusivity. [all, only, exclusively, solely]What the *third party* reasonably believed, based on the principal's statements or conductIrrelevant in so far as contracts.1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must exist

9. Who may have standing to challenge an oregon agency rule making procedure?

- â€œany personâ€: no need to have participated in the rulemaking - - any organization: if the organization was adversely affected by the rule, or was a party to the agency proceeding, or if specific statute grants organizational standing.1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must existIrrelevant in so far as contracts.What the *third party* reasonably believed, based on the principal's statements or conduct

10. Foreign relations: warmaking power

What the *third party* reasonably believed, based on the principal's statements or conduct1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must existIrrelevant in so far as contracts.The president may introduce american armed forces into foreign hostilities under two circumstances: (1) when congress has explicitly or implicitly granted the authority to do so; or (2) when the national interest requires such action, provided that congress has not explicitly disapproved of the specific presidential action. - - Caveat: unless president defies congressional mandate, judicial review unlikely given the doctrines of standing and ripeness. Or the judiciary may declare the issue a â€œpolitical questionâ€ to be determined by the co-equal political branches of the federal government.

11. [question property 5] how is a joint tenancy created?

Irrelevant in so far as contracts.What the *third party* reasonably believed, based on the principal's statements or conduct1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must exist1. The four unities: "t-tip" 1) time (at the same time) 2) title (in the same instrument) 3) identical interest 4) possess (right to possess the whole) - 2. Grantor must clearly express the right of survivorship b/c joint tenancies are disfavored.

12. Legislative veto and line-item veto:

1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must existCongress may not give itself a veto to overturn executive or administrative agency action (i.e., this would be lawmaking without both bicameralism and presentment); nor may congress give the president power to veto only some parts of a bill (instead of rejecting a bill in its entirety).Irrelevant in so far as contracts.What the *third party* reasonably believed, based on the principal's statements or conduct

13. [question property 150] what is a purchase money mortgagee

What the *third party* reasonably believed, based on the principal's statements or conductIrrelevant in so far as contracts.1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must existThe person who gives money to o so o can buy the property

14. What is an adjudication?

1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must existWhat the *third party* reasonably believed, based on the principal's statements or conductWhen an agency is acting like a court, by deciding or being asked to decide a case involving a specific individual or business, look for due process issues.Irrelevant in so far as contracts.

15. [question future/present interests 57] does a shifting executory interest with no time limit violate rap?

What the *third party* reasonably believed, based on the principal's statements or conductAlmost always. E.g. To a so long as the land is used for farm purposes, if the land cases to be so used, then to bIrrelevant in so far as contracts.1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must exist

16. Assuming the best evidence rule applies, what type of evidence is admissible to prove the contents of a â€œwritingâ€?

Originals. Computer printouts and, in the case of public documents, certified copies are considered originals. - - Duplicates usually also admissible. â€œduplicateâ€ = a copy of original produced by same impression that produced the original (eg, a carbon copy) or by a machine (e.g., photocopier or camera). Exception to admissibility of duplicates or other written evidence that is not the original: this evidence is not admissible where there is genuine question as to authenticity of original. - - Testimony regarding contents of writing may be admissible where original lost or destroyed, unless bad faith by proponent of testimony.Irrelevant in so far as contracts.What the *third party* reasonably believed, based on the principal's statements or conduct1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must exist

17. Consequences of incapacity

18. [question property 137] what are the requirements for a legal mortgage?

19. Rights of partners to enter into acts within the ordinary course of a partnership

Irrelevant in so far as contracts.A particular act within the ordinary course of partnership business must be approved by a *majority* of the partners. Other extra-ordinary acts require unanimous consentWhat the *third party* reasonably believed, based on the principal's statements or conduct1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must exist

20. Freedom of information act:

Irrelevant in so far as contracts.What the *third party* reasonably believed, based on the principal's statements or conduct1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must existA. enables private parties to obtain info from the government. - B. Agency obligation: supply identifiable documents promptly to any person requesting - C. Exceptions: personnel records, confidential business information, law enforcement investigation, work product

21. [question property 86] how can you tell the difference between a covenant and an equitable servitude?

1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must existLook to the remedy sought if remedy = money damages, it's a covenant if remedy = injunction, it's a equitable servitudeIrrelevant in so far as contracts.What the *third party* reasonably believed, based on the principal's statements or conduct

22. [question property 166] what is an exaction?

What the *third party* reasonably believed, based on the principal's statements or conductWhen government requires person seeking permits to do something else.Irrelevant in so far as contracts.1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must exist

23. When will a federal & state court grant a motion to transfer venue?

1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must existIrrelevant in so far as contracts.A court will grant a motion to transfer venue only to a proper venue and then only in the courts discretion for the convenience of the parties and witnesses and the interests of justice.What the *third party* reasonably believed, based on the principal's statements or conduct

24. [question property 87] what are the requirements for a covenant to run with the land for a burdened land owner?

1) original promise must be in writing 2) the parties must have intended it to run with the land (courts find this easily) 3) it must touch and concern the land 4) parties must have horizontal and vertical privityWhat the *third party* reasonably believed, based on the principal's statements or conductIrrelevant in so far as contracts.1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must exist

25. [question future/present interests 51] o conveys "to a, but if b moves from canada in 2010, then to b and his heirs" a and b are alive, what are there interests?

A = fee simple subject to b's shifting executory interest b = shifting executory interestIrrelevant in so far as contracts.What the *third party* reasonably believed, based on the principal's statements or conduct1) in writing - 2) signed by grantor - 3) no consideration needed - 4) description of land (not perfect, just unambiguous description, acceptable if it provides a good lead), evidencing an intent to transfer realty with words of intent - 5) the parties (grantor and grantee) must be identified, and the grantee must exist

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25 Questions

❤ If you liked Fatskills, consider supporting us by checking out The Life Manuals You Never Got.

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All trademarks, logos and brand names are the property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, trademarks and brands does not imply endorsement.

About | Explore | User Guide | Topics | Subjects | Doubt Solver | Career Aptitude Test | Answers | Free Tools | What Should We Know?
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Without work one finishes nothing. - Ralph Waldo Emerson
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