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Law Knowledge Test

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1. Fundamental right to interstate travel:

1. Constitution - 2. Treaties & federal laws (co-equal) - 3. Executive agreements - 4. State constitution - 5. State law (statute, regulation, judicial order)Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid."stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*

2. Courts sometimes say that undue influence has four elements.

1. Constitution - 2. Treaties & federal laws (co-equal) - 3. Executive agreements - 4. State constitution - 5. State law (statute, regulation, judicial order)A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid."stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)

3. Mootness

Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.1. Constitution - 2. Treaties & federal laws (co-equal) - 3. Executive agreements - 4. State constitution - 5. State law (statute, regulation, judicial order)"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*

4. The â€œconflict of lawsâ€ pyramid:

Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.1. Constitution - 2. Treaties & federal laws (co-equal) - 3. Executive agreements - 4. State constitution - 5. State law (statute, regulation, judicial order)A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)

5. Association for illegal activities

Association for illegal puropses may be prohibited (and membership in such group punished) provided the government proves (all three) that the person: - 1. actively participated in the group - 2. knowing of its illegal activities, and - 3. specifically intending to further those illegal activities - - Even in government proves all three, it still could be unconstitutional as applied"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*

6. Define "offer"

"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)An offer is a *manifestation* of an intention to contract (an intent to be bound).Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*

7. Requirements for a conflict of interest transaction

Requirement of full disclosure. If met, majority of disinterested shareholders or directors may ratify the transaction.A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid."stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)

8. Excuse by death

Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)Only if contract was a special person

9. Can a court in oregon exclude evidence when the only basis is that it wastes time?

Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.Unlike the fre, in oregon waste of time is not a basis for excluding evidence under this rule.A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)

10. Board of directors: general powers.

All corporate powers are vested in the board as a whole. Board may form committees of its members and delegate matters to the committees.A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid."stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)

11. Article iv Â§ 2 privileges & immunities: strict scrutiny

"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.Discrimination against out-of-state citizens re: fundamental civil liberties or important economic activitiesA *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*

12. Accompanying future interest of a fee tail

Future interest in the grantor is called a reversion. In a third party is was called a remainderTypically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid."stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*

13. A trustâ€˜s distribution provisions include:

A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.1. The beneficiariesâ€˜ rights (if any) to distributions of trust income while the trust is ongoing. - 2. The beneficiariesâ€˜ rights (if any) to distributions of trust principal while the trust is ongoing. - 3. When the trust terminates (for example, when the life beneficiary dies, when the youngest beneficiary reaches a designated age, or after a fixed period of time). - 4. Who gets whatâ€˜s left in the trust when it terminates (in other words, the trustâ€˜s remainder beneficiaries)."stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)

14. What is the well-pled complaint rule?

Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)In order for a plaintiff's claim to arise under federal law (and thus be subject to federal subject matter jurisdiction), the plaintiff's claim must appear on the face of a well-pled complaint and not as part of a defense.

15. Incitement of illegal conduct regulations

Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.For speech to be punished as "incitement" the illegal conduct must be *likely* and *imminent* and *intended* by the speaker. All three elements must be present on the face of the statute or in its description, if they are not there is a good claim for facial unconstitutionality. Even with all three, the statute can still be unconstitutional as applied"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*

16. Officers: duties and liabilities

Same as directorsTypically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)

17. The document a plaintiff files w/court and serves on the defendant to initiate a lawsuit

Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.Complaint"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*

18. Vicarious party admissions.

A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid."stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)Statement by (i) authorized spokesperson of party or (ii) employee of party concerning matter within scope of employment and made during employment relationship (iii) co-conspirator admission (iv) adoptive admission (nonparty makes statement and party indicates belief in its truth) - - Authorization can be expressed (their job to speak) or implied (officer of the company)

19. [question future/present interests 46] what is a vested remainder subject to open?

A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)Remainder is vested in a group of takers, at least on of whom is qualified to take. But each member's share is subject to partial diminution because additional takers can still join.Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.

20. Oregon agencies: right to a formal hearing

"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)A. Authorizing agency statute or rules say, â€œcontested case hearingâ€ or â€œtrial type hearingâ€ is required. - B. If no specific authorizing statute language, see if there is a constitutional right to hearing.Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*

21. What are the federal apa requirements for informal rulemaking:

(1) notice to the public published in the federal register of the terms of the proposed rule, and a description of the subjects and issues in the rule. - (2) public right to comment on the proposed rule: after a proper notice, the agency must give "interested persons" an opportunity to participate in the rulemaking through in writing only with no right to give oral testimony or present witnesses! Only with formal/hybrid â€œon the recordâ€ rule making! - (3) publication in the final rule in the federal register with a concise statement of the basis for the rule and its purpose.A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid."stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)

22. What are the two requirements for diversity jurisdiction?

"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.Federal courts have jurisdiction over claims in which there is *complete diversity*, and in which the amount in controversy *exceeds $75,000*

23. What controls: a recorded plat map or survey marks on the land

Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid."stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*The marks on the ground

24. When is a motion for voluntary dismissal with out prejudice to refile granted?

A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.In federal court the plaintiff has the right to take one voluntary dismissal w/o prejudice before the answer is served. In oregon courts the plaintiff has the right up to five days before trial.

25. Reserved powers

Typically tested in the form of residency waiting period: waiting periods for necessities are invalid; thirty day residency requirement to vote valid; one year residency requirement for divorce is valid.A *real and live controversy* must exist throughout the lawsuit - Exception: controversies *capable of repetition*, but *evading review*"stoac" - - A. T is susceptible - B. Opportunity to influence - C. Actual exercise of influence on the testator, or participation in the procurement of the will - D. Causation (t does what t otherwise would not have done)Those powers not granted to the federal government by the constitution are reserved to state governments

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25 Questions

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

About | Explore | User Guide | Topics | Subjects | Doubt Solver | Career Aptitude Test | Answers | Free Tools | OSHA Basics Quiz | What Should We Know? Privacy | Terms |

Without work one finishes nothing. - Ralph Waldo Emerson© 2026 Fatskills.com

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 | OSHA Basics Quiz | What Should We Know?
Privacy | Terms |

Without work one finishes nothing. - Ralph Waldo Emerson
© 2026 Fatskills.com