QUESTIONS WITH ALREADY
VERIFIED ANSWERS BY EXPERTS
For federal tax purposes, the default tax classification of a limited liability company that has 1
member is: - CORRECT ANSWER>>>Disregarded Entity
Informed consent involves: - CORRECT ANSWER>>>The duty of a medical doctor to disclose
to the patient relevant information about the benefits and risks of the proposed treatment.
Rob Miller is married to Laura Miller. They are approaching their late 40's and Rob decides they
should have an estate plan. Rob goes to his college roommate and asks him to prepare an estate
plan for himself and his wife. Rob and Laura review the estate documents and approve of their
content, then made an appointment to sign the final documents in one week's time.
Unfortunately, Rob is killed in a car accident the day before they are to sign the documents. How
will Rob's estate be handled? - CORRECT ANSWER>>>According to the intestate succession
statute of the state in which he resided.
The requirements of due process of law apply only to: - CORRECT ANSWER>>>Government
actions.
A person's wishes with respect to his or her health care can be included in the following
documents except: - CORRECT ANSWER>>>Statutory will.
Which of the following is true about both a general partnership and a limited partnership: -
CORRECT ANSWER>>>Each partner in a general partnership and each general partner in a
limited partnership has personal liability for all the debts and obligations of the general
partnership.
ABA Model Guidelines 10 states a lawyer shall: - CORRECT ANSWER>>>Provide paralegals
with CLE.
According to Federal Rule of Civil Procedure No. 45(c)(1)(A), a subpoena may command a
person to attend a trial, hearing or deposition only within ____ miles of where the person resides,
is employed, or regularly transacts business in person: - CORRECT ANSWER>>>100
What does it mean to die intestate? - CORRECT ANSWER>>>Dying without a living will.
What are the basic elements of a trust? - CORRECT ANSWER>>>Corpus or res, trustee, and
beneficiary.
In which type of deed does a grantor provide the most warranties and covenants with respect to
the most claimants? - CORRECT ANSWER>>>General warranty deed.
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,Congress sets up an administrative agency through an enabling act and gives that agency the
powers to make rules and regulations within the agency through: - CORRECT
ANSWER>>>Delegation powers.
A lawyer can be sanctioned by their State Bar for: - CORRECT ANSWER>>>Failure to
properly supervise paralegal.
What is a type of consideration? - CORRECT ANSWER>>>Promise to act.
What is a right of the landlord under a lease of real property? - CORRECT
ANSWER>>>Condition of premises.
To request waiver of service, the plaintiff must send the defendant a notice of commencement of
the action with a request that defendant waive service of the summons. The notice of the request:
- CORRECT ANSWER>>>Must include two copies of the waiver for defendant to sign and a
copy of the complaint.
What is not a consideration? - CORRECT ANSWER>>>Illusory promises.
A private wrong against an individual, as opposed to a crime, is called a: - CORRECT
ANSWER>>>Tort.
"No state shall deny to any person within its jurisdiction the equal protection of the laws." This
provision, known as the Equal Protection Clause, is applied to the federal government through
which amendment? - CORRECT ANSWER>>>The fifth amendment.
Farmer Ted and Agribusiness sign a contract whereby Farmer Ted will harvest and sell to
Agribusiness on the following day all of the corn grown on his Northern 40 acres for $10,000.
Neither party is aware that a brush fire burned all of the corn on the property the day before the
agreement was entered into. Which of the following contract defenses could the parties claim in
this case? - CORRECT ANSWER>>>Mistake.
As a contract defense, mistake means a mistake of past or present material fact. In this case, both
parties were under the mistaken belief that the 40 acres contained corn on the day the contract
was signed. Because of this mistaken fact, either party could claim mistake as a defense to the
contract. If the subject matter of the purported contract is illegal, such as a contract for murder,
there E92d offer andE92ormed. Unconscionability is a defense based on the theory that a court
would refuse to enforce a provision as written when the bargain in a contract is one-sided and
one of the parties has substantially superior bargaining power over the other. In this case, the
lack of corn was unknown by both parties and was not related to the relative bargaining power of
the parties. Lack of capacity can be claimed when one party is a minor, has mental incapacity, or
is intoxicated; there were no facts in this example which would suggest that any of these
conditions was present.
A new trial by a different tribunal is a: - CORRECT ANSWER>>>Trial novo.
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, Iowa and Zelda have formed a general partnership to make and sell cookies at the local farmers
market. They are equal partners in the business. They would like to obtain additional capital so
that they can expand their line of baked goods. In order to do that, they have agreed to add their
older sister, Velma as a new partner to the partnership. Velma has agreed to provide $10,000 in
exchange for obtaining a 52% interest in the partnership. Iowa and Zelda are so excited about
their venture, that they agree to Velma's terms and have each given Velma a 26% interest in the
partnership. The 3 sisters have entered into a partnership agreement in which they have agreed
that it takes a vote of 75% of the partnership interest to dissolve the partnership in the event they
can't agree on how to run the business. As a majority partner, Velma does not have the authority
(on behalf of the Partnership) to: - CORRECT ANSWER>>>Dissolve the partnership.
In preparing for trial, a paralegal cannot bill for: - CORRECT ANSWER>>>Copying exhibits.
Rape shield laws seek to protect: - CORRECT ANSWER>>>Rape victims from being
questioned about previous sexual experiences by the defense.
Which of the following type of nonprofit business automatically obtains 501(c)(3) tax exempt
status from the Internal Revenue Service without having to file an application for tax exemption:
- CORRECT ANSWER>>>Church
Colin and Jessica are co-owners of real property known as Blackacre. Colin does not want to
own the property any longer, and he is willing to give it to Jessica without any compensation.
However, he does not want to be liable to Jessica if there are any defects in title to the property.
What type of deed should Colin execute in favor of Jessica? - CORRECT ANSWER>>>A
quitclaim deed.
This simply allows the owner to surrender any rights that he or she has in the property without
making any representations as to the quality of his or her title to the property. General and
special warranty deeds include guarantees by the grantor, and a deed of trust is used to specify a
lender's right in the property.
What is the most commonly used type of freehold estate today? - CORRECT ANSWER>>>The
most common freehold estate in use today is the fee simple estate, which contains all the rights
that can possibly relate to land. The fee tail estate was essentially the same as the fee simple
estate, but it could only be inherited by the children or grandchildren of the owner. Most
jurisdictions have abolished or modified the fee tail estate. The life estate terminated upon the
death of the holder and could therefore not be inherited. The life estate is rarely seen today.
Trusts are often used to accomplish the same results as the life estate.
Mens rea and actus reus are: - CORRECT ANSWER>>>Two essential elements of a crime.
A handwritten will created by the testator is known as: - CORRECT ANSWER>>>Holographic.
A nuncupative will is oral. A statutory will is a printed form with state statutes for use by its
domiciliaries. A self-proving will is a will with an affidavit of attesting witnesses.
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