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Exam (elaborations)

NYLE FLASHCARDS questions with verified answers.

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NYLE FLASHCARDS questions with verified answers.

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NYLE FLASHCARDS questions with verified answers
A charge of vehicular assault in the second degree may arise from any of the
following activities except:
OPTIONS
A) Driving a boat while under the influence of drugs.
B) Driving a snowmobile while intoxicated.
C) Driving an all-terrain vehicle while texting.
D) Driving a motor vehicle while talking on a cell phone. Ans✓✓-ANSWER
D) Driving a motor vehicle while talking on a cell phone.


A charge of vehicular assault in the second degree may arise from any of the
following activities, except: Ans✓✓-Driving a motor vehicle while talking on a cell
phone.


A decedent died intestate last year leaving a net estate of $150,000. He was
survived by his wife, his son, and one grandchild, the child of his predeceased
daughter. The decedent's estate should be distributed:
OPTIONS
A) Entirely to the wife.
B) $75,000 to the wife and $75,000 to the son.
C) $50,000 each to the wife, son and grandchild.
D) $100,000 to the wife, $25,000 to each of the son and grandchild. Ans✓✓-
ANSWER
D) $100,000 to the wife, $25,000 to each of the son and grandchild.

,A defendant entered a store to rob it carrying a loaded gun. He shot the gun into
the air hoping to scare the cashier, but the bullet struck a light fixture causing it to
fall on the cashier's head, killing him. The defendant is guilty of:
OPTIONS
A) Manslaughter
B) Criminally negligent homicide
C) Felony murder
D) Depraved indifference murder Ans✓✓-ANSWER
C) Felony murder


A defendant served with the complaint in a civil action made a pre-answer motion
to dismiss the complaint on the ground that it failed to state a cause of action, but
the motion was denied. In the defendant's answer any of the following defenses
may be raised except:
OPTIONS
A) Res judicata.
B) The statute of limitations.
C) Lack of subject matter jurisdiction.
D) Lack of personal jurisdiction. Ans✓✓-ANSWER
D) Lack of personal jurisdiction.


A determination as to whether or not a covered person has suffered a significant
disfigurement in a vehicle accident for purposes of recovering non-economic
damages in a civil action is based upon? Ans✓✓-A reasonable person's belief that
a person with that disfigurement would be the object of pity or scorn as a result
of the injury.

,A divorced spouse wishes to seek a downward modification of his child support
obligation because his income has been reduced. Modification may be granted by
the reason of the reduced earnings only if: Ans✓✓-The gross income of the
spouse seeking modification has been reduced by 15% or more since the order
was entered.


A durable power of attorney terminates when:
OPTIONS
A) The principal becomes incapacitated.
B) The agent acts in violation of the principal's instructions.
C) The agent's marriage to the principal is terminated by divorce.
D) A durable power of attorney can be terminated only by the death of the
principal. Ans✓✓-ANSWER
C) The agent's marriage to the principal is terminated by divorce.


A grantor has created an irrevocable trust providing for the income to be paid to
his adult son for life and the remainder payable to his adult grandson. If the
grantor suffers serious business setbacks, may the grantor properly revoke the
trust?
OPTIONS
A) Yes, if the trustee provides written consent.
B) Yes, if his son provides written consent, but his grandson's consent is not
required.
C) No, because the trust is irrevocable by its terms, unless both his son and
grandson provide written consent.
D) No, because the trust is irrevocable by its terms and thus cannot be revoked no
matter who might consent. Ans✓✓-ANSWER

, C) No, because the trust is irrevocable by its terms, unless both his son and
grandson provide written consent.


A grantor has created an irrevocable trust providing for the income to be paid to
his adult son for life and the remainder payable to his adult grandson. If the
grantor suffers serious business setbacks, may the grantor properly revoke the
trust?
OPTIONS
A) Yes, provided the trustee consents.
B) No, unless his son provides written consent, but his grandson's consent is not
required.
C) No, unless both his son and grandson provide written consent.
D) No, because the trust is irrevocable by its terms. Ans✓✓-ANSWER


C) No, unless both his son and grandson provide written consent.


A grantor owning a large tract of land decided to divide it into several parcels. The
recorded deed conveying Parcel A contained a restriction prohibiting commercial
use of the parcel. The grantor included the same restriction in a recorded deed
conveying Parcel B, an adjoining lot. A subsequent deed conveying Parcel C made
no reference to the restriction contained in those previously recorded deeds. If
the owner of Parcel C uses his parcel for commercial purposes, may the owners of
Parcels A and B enforce the restrictive covenant against the owner of Parcel C?
OPTIONS
A) No, because the restriction was not contained in the direct chain of title to
Parcel C.
B) Yes, because the deeds conveying Parcels A and B were recorded prior to the
deed conveying Parcel C.

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