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Law Knowledge Test

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25 Questions

1. Besides personal knowledge, what other requirements are required for witnesses?

Oral condition drops, and is unenforceable/voidDefendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of delivery1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.

2. When will defendants suffer a default judgment

3. [question property 116] what can defeat delivery of a deed?

4. [question property 117] what happens when a deed absolutely conveys land to a grantee, but the grantor orally adds a condition?

5. Contracts relating to will: the first important question is whether the contractâ€˜s existence can be proved.

Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of deliveryDefendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.1. Modernly, state law may require that the contract be proved by a writing. - 2. Upc and oregon law require that either: - A. The provisions of the will state the contractâ€˜s material terms, or - B. The will expressly refers to the existence of the contract and the contractâ€˜s terms can be proved by extrinsic evidence, or - C. A separate writing signed by the decedent evidences the contract.1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.

6. Which offers are irrevocable, i.e., cannot be revoked.

Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of delivery1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.There are four different situations in which an offer cannot be revoked - 1. A true option, promise to keep offer open plus a payment not to revoke - 2. Ucc firm offer: a promise by a *merchant* in *signed writing* to *hold an offer open* is irrevocable for the stated time, or if no stated time a reasonable time, but in no case may it be longer than three months - 3. An offer cannot be revoked if there has been (1) reliance that is (2) reasonably foreseeable and (3) detrimental (mere preperation to perform may constitute detrimental reliance) - 4. The start of performance (more than mere preparation to perform) pursuant to an offer to enter into a unilateral contract makes that offer irrevocable for a reasonable time to complete performance.Defendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.

7. Risk of loss rules

1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.There are four risk of loss rules. None involve â€œtitle.â€ Title is irrelevant. - #1 agreement: agreement of the parties controls - #2 breach: breaching party is liable for any uninsured loss even though breach is unrelated to problem. - #3 delivery by common carrier other than seller: risk of loss shifts from seller to buyer at the time that the seller completes its delivery obligations. - #4 no agreement, no breach, no delivery by a carrier. (â€œcatchallâ€) the determining factor is whether the seller is a merchant. Whether the buyer is a merchant is irrelevant. Risk of loss shifts from a merchant-seller to the buyer on the buyer's â€œreceiptâ€ of the goods; risk of loss shifts from a non-merchant seller when he or she â€œtendersâ€ the goods.Defendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of delivery

8. Llc: member-management

1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.Defendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of deliveryA. Unless the certificate of formation specifies otherwise, an llc is managed by its members (similar to a partnership). - B. Each member can participate in management. - C. Each member is an agent for the business.

9. When does procedural due process apply?

Defendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.1. Client has a right to a hearing only if the agency action has denied a life, liberty, or property interests; and - 2. The agency action will be based on adjudicative facts (facts concerning individual parties: who, what, when, where, howâ€¦ as opposed to legislative facts); and - 3. No emergency exists.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of delivery1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.

10. Warranties of quality: express

Look for words that promise, describe or state facts or for use of sample or model. Distinguish from sales talk which is more general, an opinion.1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of deliveryDefendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.

11. When revocation of an offer becomes effective

Revocation of an offer sent through â€œthe mailâ€ is not effective until received.1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.Defendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of delivery

12. A trustee is a fiduciary (person occupying a special position of trust and confidence) subject to the following fiduciary duties:

1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.1. Duty to administer the trust in accordance with its terms (read the trust and do what it says) - 2. Duty of loyalty - 3. Duty to separate and earmark trust property - 4. Duty not to commingle trust property with personal assets - 5. Duty to invest prudently - 6. Duty to preserve and protect trust property - 7. Duty to account to the trust beneficiaries - 8. Duty not to delegate trust dutiesGrantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of deliveryDefendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.

13. Vocabulary of assignments

14. When will an objection to a question that calls for a narrative be sustained?

If the question is open ended and does not concern specific facts.1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.Defendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of delivery

15. Excited utterance exception.

Hearsay statement relating to startling event or condition is admissible when made while declarant was still under stress of excitement caused by event or condition. No need to show declarant unavailable.1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.Defendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of delivery

16. What an assignment is:

1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.Transfer of rights under a contract in two separate steps: first step - contract between only two parties; and second step - one of the parties later transfers rights under that contract to a third party.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of deliveryDefendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.

17. [question property 149] how is the priority of mortgagees determined?

Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of deliveryFirst in time, first in right. Except purchase money mortgagee gets super priority1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.Defendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.

18. [question property 91] what is an equitable servitude?

A promise that equity will enforce against successors, usually by injunctive reliefGrantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of delivery1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.Defendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.

19. Ripeness

Test: must be a genuine controversy, not abstract or hypothetical.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of deliveryDefendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.

20. Regulatory takings

Defendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.Regulations that leave no reasonable economically viable use of the propertyGrantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of delivery1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.

21. [question property 31] how do courts usually treat tenancies at will?

Unless l and t expressly agreed to a tenancy at will, courts will treat the payment of regular rent as an implied periodic tenancy.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of deliveryDefendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.

22. What happens when t marries after making a will?

1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of deliveryDefendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.1. Common law: a subsequent marriage (if followed by birth of issue) totally revoked tâ€˜s will. - 2. Modern majority rule: tâ€˜s existing will remains valid despite a subsequent marriage. However, ss gets an intestate share of tâ€˜s estate and the devises under the will must abate (be reduced). - 3. Small minority (including oregon): the general rule is still that a subsequent marriage totally revokes tâ€˜s will. - 4. Tâ€˜s intention controls if (1) tâ€˜s will expressly overrides the default rule, (2) tâ€˜s will already provides for the new spouse, or (3) the facts show that tâ€˜s will was made in contemplation of marriage (with an expectation that marriage would occur soon).

23. Strict scrutiny

24. Exception for statement of past or present mental or physical condition made for medical diagnosis or treatment.

1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.Hearsay statement by one person concerning the past or present mental or physical condition, or its cause, of that person or any other person, is admissible if made for and pertinent to medical diagnosis or treatment. No need to show declarant unavailable.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of deliveryDefendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.

25. [question property 101] what happens when the amount of land recited in the land contact is more than the actual size of the parcel?

Buyer can seek specific performance of the land, and obtain a pro-rated discount on the purchase price1. Sincerity: an oath or affirmation. - 2. Communication: must relate testimony directly or through an interpreter. - 3. Present recollection.Defendants will suffer a default judgment if they fail to respond to the complaint in a timely manner. Timely means within 21 days of service for federal courts (60 if formal service is waived) and the state court is 30 days.Grantee rejection. Acceptance is presumed if the conveyance is beneficial to the grantee, whether or not the grantee knows of it. The acceptance relates back to the time of delivery

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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 | 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 | What Should We Know?
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Without work one finishes nothing. - Ralph Waldo Emerson
© 2026 Fatskills.com