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1. Duration. Partnerships are classified as either:

1. Secretary of state does not notice error and returns â€œconformed copyâ€ of articles to incorporators. Result: corporation - 2. Secretary of state does notice error and returns unfilled articles for correction. Result: no corporationMarketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sof

2. [question property 106] what does marketable title mean, what's the standard, and what are 3 ways to render title unmarketable?

1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sofMarketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter1. Secretary of state does not notice error and returns â€œconformed copyâ€ of articles to incorporators. Result: corporation - 2. Secretary of state does notice error and returns unfilled articles for correction. Result: no corporation

3. [question future/present interests 23] what is the effect of: 1) "to a so long as she never attempts to sell it" and 2) "to a, so long as she does not attempt to sell it before 2012, when title will be clear"

1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter1. Secretary of state does not notice error and returns â€œconformed copyâ€ of articles to incorporators. Result: corporation - 2. Secretary of state does notice error and returns unfilled articles for correction. Result: no corporation1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sofMarketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation

4. Key issue: what if there are corporate filing errors? Does it exist?

1. Secretary of state does not notice error and returns â€œconformed copyâ€ of articles to incorporators. Result: corporation - 2. Secretary of state does notice error and returns unfilled articles for correction. Result: no corporation1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverterMarketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sof

5. Attributes of a corporation

1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sof1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverterMarketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violationA. Separate personality. - B. Perpetual life. - C. Powers granted by state statute. Statute gives broad grant of power/purposes. Corporation may exist for any lawful purpose. - D. Centralized management and control - E. Transferability of interest. A corporation first issues stock (or â€œsharesâ€) to shareholders; shareholders can then sell or transfer that interest to other persons.

6. Claim of right

Marketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sofIncome is realized when the taxpayer receives it under a claim of right, with not restrictions on spending it even though he/she may have to return it in the future. A disputed claim of right is not presently taxable

7. Permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.

1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sofMarketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violationState police power1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter

8. What is the kumho standard?

1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverterKumho: all expert opinion needs to be reliable from a common sense perspective. An opinion that has admitted logical inconsistencies and consider alternative explanations and all the evidence.Marketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sof

9. Admissibility of evidence of victim's character.

1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverterMarketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violationProsecution cannot be first to offer character evidence to prove conduct: the trial begins with the door to the victim's character closed. There are two ways defendant can open the door: - (i) if defendant offers evidence of victim's character, prosecution may rebut, - (ii) if defendant offers evidence victim attacked first, prosecution may offer evidence of victim's character for peacefulness. - - Under fre, (ii) applies only in homicide case. In oregon, (ii) can apply in any criminal case.1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sof

10. [question property 8] how can a joint tenancy be destroyed?

1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter"spam" 1) seveance and sale 2) parition and 3) mortgageMarketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sof

11. Requirements for assignment

Marketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violationGeneral rule is that consideration is not required but gratuitous assignments (and only gratuitous assignments) can be revoked. Present tense language is required, not "i promise to assign"1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sof1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter

12. When revocation of an offer becomes effective

1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sofRevocation of an offer sent through â€œthe mailâ€ is not effective until received.Marketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter

13. Is lobbying expenses deductable

1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverterNondeductible, except if lobbying local governmentMarketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sof

14. When does a person have a right to formal adjudication in a federal agency?

A. Authorizing statute or rules must say these words: â€œon the record after an opportunity for an agency hearing.â€ - B. If no authorizing statute or rules, is there a constitutional right to a hearing?Marketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sof

15. Dormant commcerce clause: state taxes non-discriminatory, scope of review

1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sofNon-discriminatory taxes on out-of-state businesses will be valid only if: - 1. the taxed activity has a substantial nexus to the state, and - 2. the tax is fairly apportioned to apply only to the taxpayer's business activities within the state - - (two exceptions)Marketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation

16. Accompanying future interest of a fee simple subject to executory limitation

17. [question property 98] what is the effect of the owner of land being disabled on adverse possesion

Marketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sofThe statute of limitations will not run against a true owner who is afflicted with a disability at the start of the adverse possession (e.g. insanity, infancy, imprisonment)1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter

18. Reliance damages

Marketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sofReimbursement, not about the benefit of the bargain. Reliance puts you back to square one.1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter

19. What are the state requirements for abode service of process?

The authorized process server must leave the process at defendant's dwelling house or usual place of abode with someone residing therein who is at least 14 years or older plus the plaintiff first class mails the process to that same address. Nb: "actual notice" is not an element!1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverterMarketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sof

20. Judgment of previous conviction.

Marketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sofHearsay statement describing felony conviction (eg, copy of the judgment of conviction) is admissible in both civil and criminal cases to prove any fact essential to the judgment, but when offered by prosecution for purposes other than impeachment, judgments against persons other than the accused are inadmissible. No need to show declarant unavailable.1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter

21. Who may be an authorized process server?

22. Lp: classes of partners

Marketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1. General partner(s) manage and are personally liable for partnership debts. General partner(s) have actual and apparent authority to bind the limited partnership to third parties in contract and tort. - 2. Limited partners do not manage and are not personally liable for partnership debts (akin to â€œshareholdersâ€ in a corporation).1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sof1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverter

23. [question property 148] what happens when a mortgagee forecloses on property?

1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sofMarketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverterForced sale money from sales will go to forclosing mortgagee and all junior creditors. If that's not enough, junior creditors can pursue owner. Senior creditor mortgages run with the land and owner is no longer liable

24. [question property 36] when is t liable for injuries sustained by others?

25. List the three step approach to determining if a statement is being used to prove the truth of the matter asserted

1) void, fee simple absolute to a 2) a has a fee simple determinable and o has a possibility of reverterThree step approach: - (i). Find the statement, - (ii). Ask what is it offered to prove, (does the question tell you? If not, consider who offered the evidence and what it would relevant to prove in that party's case. That is what it the statement is offered to prove.) - (iii). Given what it's offered to prove, will jury be misled if the out of court speaker was lying or mistaken? If the answer is yes, it is hearsay. If the answer is no, it is not hearsay.Marketable title = unencumbered fee simple standard = title free from reasonable doubt, lawsuits, and threat of litigation unmarketable if: 1) any part is subject to adverse possession 2) servitude or mortgage (unless waived by buyer) 3) zoning violation1. "at will" - no agreement at the outset regarding duration. Significance: ending is rightful - 2. "for a definite term or a particular undertaking" significance: ending is wrongful, but watch for the sof

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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