Bar Exam Questions And Answers In Civil Law 2021


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  • Agency vs. All unsold units at the end of the year shall be bought back by the manufacturer at the same price they were ordered. The manufacturer shall hold the distributor free and harmless from any claim for defects in the units. Is the agreement one for sale or agency? The foregoing indicia negate sale because they indicate that ownership over the units was never intended to transfer to the distributor. Agency; coupled with an interest Richard sold a large parcel of land in Cebu to Leo for P million payable in annual installments over a period of ten years, but title will remain with Richard until the purchase price is fully paid. To enable Leo to pay the price, Richard gave him a power-of-attorney authorizing him to subdivide the land, sell the individual lots, and deliver the proceeds to Richard, to be applied to the purchase price. Five years later, Richard revoked the power of attorney and took over the sale of the subdivision lots himself. Is the revocation valid or not? The power of attorney given to the buyer is irrevocable because it is coupled with an interest: the agency is the means of fulfilling the obligation of the buyer to pay the price of the land Article , CC.
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  • In other words, a bilateral contract contract to buy and sell the land is dependent on the agency. Agency; Guarantee Commission As an agent, AL was given a guarantee commission, in addition to his regular commission, after he sold 20 units of refrigerators to a customer, HT Hotel. The customer, however, failed to pay for the units sold. AL objected, on the ground that his job was only to sell and not to collect payment for units bought by the customer. Can DRBI collect from him or not? Is CX liable for the bank loan? Why or why not? Justify your answer. If DY later defaults and fails to pay the loan, CX is liable to pay. However, his liability is limited to the extent of the value of the said property.
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  • Only the property of CX is liable. Hence, while CX has authorized the mortgage on his property to secure the loan of DY, the bank cannot sue CX to collect the loan in case DY defaults thereon. The bank can only foreclose the property of CX. And if the proceeds of the foreclosure are not sufficient to pay the loan in full, the bank cannot run after CX for the deficiency. In such case, the principal is liable under Article of the Civil Code. The contract is deemed made on his behalf Sy-juco v. Sy-juco, 40 Phil. Since DY did not specify that he was acting for CX in the transaction with the bank, DY in effect acted in his own name. In the case of Rural Bank of Bombon v. It is not enough merely that the agent was in fact authorized to make the mortgage, if he, has not acted in the name of the principal. Neither is it ordinarily sufficient that in the mortgage the agent describes himself as acting by virtue of a power of attorney, if in fact the agent has acted in his own name and has set his own hand and seal to the mortgage.
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  • General Agency vs. B sold to E a third parcel of land belonging to A located in Quezon City for three 3 times the price that was listed in the inventory by A to B. All those contracts were executed by B while A was confined due to illness in the Makati Medical Center. Rule on the validity and binding effect of each of the above contracts upon A the principal. Explain your answers. The lease contract on the Manila parcel is not valid, not enforceable and not binding upon A. For B to lease the property to C, for more than one 1 year, A must provide B with a special power of attorney Art. Civil Code. The lease of the Caloocan City property to D is valid and binding upon A. Since the lease is without a fixed term, it is understood to be from month to month, since the rental is payable monthly Art. The sale of the Quezon City parcel to E is not valid and not binding upon A. B needed a special power of attorney to validly sell the land Arts. The sale of the land at a very good price does not cure the defect of the contract arising from lack of authority.
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  • Powers of the Agent Prime Realty Corporation appointed Nestor the exclusive agent in the sale of lots of its newly developed subdivision. Prime Realty told Nestor that he could not collect or receive payments from the buyers. Nestor was able to sell ten lots to Jesus and to collect the down payments for said lots. He did not turn over the collections to Prime Realty. Prime Realty shall bear the loss. Hence, the principal is liable. Termination; Effect of Death of Agent Stating briefly the thesis to support your answer to each of the following cases, will the death — c of an agent end an agency? The death of an agent extinguishes the agency, by express provision of par. Related articles:.
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  • Titles 23 and 24 Articles through Book IV: Conflict of laws: Articles through , Articles through , Articles through , and Articles and Forced heirship, collation, reduction, the disposable portion including calculation of the mass of succession. Testate distribution, forms of testaments, revocation, interpretation of legacies, witnesses, testamentary accretion and conjoint legacies. Requirements and effects of donations inter vivos, including form, capacity, acceptance. Prohibited donations inter vivos and mortis causa and the effects thereof.
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  • Related Civil Code ancillaries. The Louisiana Trust Code, including formation, powers and duties of trustees, rights of beneficiaries, settlors, and remedies. Includes: the remainder of the Louisiana Civil Code and related Ancillaries, with the exception of those articles dealing with matters to be covered in the Torts examination, particularly Articles through , and with the exception of the law of partnership, particularly Articles to and the law of representation and mandate, particularly Civil Code Book III, Title XV to The applicability or exclusivity of the Louisiana Workers' Compensation Statute will, in certain instances, be included in the areas of questioning, as will products liability law, medical malpractice, merchant liability, public entity liability and conflict of laws.
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  • Chapters 1, 3, and 4 of Title 10 of the Louisiana Revised Statutes pertaining to commercial paper and bank deposits and collections. A typical examination includes questions both as to institutional power structures as well as individual rights and liberties. Representative topics include: separation of powers, federalism, the incorporation doctrine, the contract clause, interstate commerce, due process equal protection and the Bill of Rights. It will also include questioning on Louisiana evidence law as contained in the Louisiana Evidence Code and in the applicable jurisprudence and may include questions pertinent to both criminal and civil actions.
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  • This includes the exercise of subject-matter and personal jurisdiction in federal courts, service of process, removal and remand, discovery, venue, the law applied in federal courts, abstention doctrines, and other relations between federal courts and the states, joinder of parties and claims, pleading requirements, motion practice, and, generally, the procedural rules applicable in the district courts under the Federal Rules of Civil Procedure and Title 28 of the United States Code. It also includes jurisdiction and procedure for appeals, certifications, and certiorari in the circuit courts of appeal and the Supreme Court.
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  • A Bar Exam is an examination administered in each state or territory of the United States by a committee or board of bar examiners. The purpose is to assess whether a candidate usually a law school graduate is competent to practice law in that jurisdiction. This is a two-day bar examination. Bar admission requirements vary from state to state; the passing score is also state-specific. What Is on the Bar Exam Most states have a two-day bar examination.
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  • Day Two is usually an essay exam with state-specific produced by local authorities essays. It covers material relating to seven legal practice areas. The MBE has hypothetical multiple-choice questions. Most of the 50 bar examination practice questions are based on a hypothetical problem. That problem raises a legal conflict between disputing sides that must be resolved through the legal process.
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  • You are learning to resolve such fact-based disputes using proficient legal reasoning and selecting the most likely answer of the four alternatives. You may select the answer you believe to be the best answer, given the facts, the law, and the surrounding circumstances. There is only one best answer, and each question has only one acceptable answer. In the six mixed subject matter examinations, you are honing your legal problem-solving skills by applying applicable law to the factual dispute. This is what attorneys do every day when they practice law. Each hypothetical is written to get your mind working in the ways of legal reasoning. This practice bar examination provides extra learning features designed to keep you thinking in the right direction and to improve your understanding of basic legal principles. BPH wants you to be familiar with the potential MBE questions and bar exam material, but first things must come first.
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  • Modern science and psychology tell us that you will not perform well unless you are well-rested and free from distracting or fearful thoughts. We use teaching methodologies to get your question-answering abilities loosened up, reinforced with self-confidence, and in full operational order. We do not ply you with pressure to perform. We provide a hint in each question that attempts to guide you toward the answer gently. This is to help you feel comfortable with the bar exam material and get a feeling of mastery over it. The sense of frustration associated with a challenging test can backfire and actually stunt the learning process. We want you to be as relaxed and loose as possible in approaching the material. With a well-rested, flexible, and fun-oriented mental set, you will find your chances for success at the actual bar examination increasing exponentially. It will assist you in understanding the answer more deeply.
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  • What our users are saying Jacqueline Glad I found this site. The explanations and cited cases is a huge plus. I think that they are good sharpening analytical skills. Keep up the good work here! Ellen Fawl California This was very helpful. One of my classmates recommended this to me. Edwin Vargas Barprephero is fantastic. This gave me the inspiration to further my research in law. Love it! What is taking the Bar Exam really like? Here's a short video about experiences from people taking the bar exam Bar Exam Day One: the Multistate Bar Examination MBE All states and territories except Louisiana and the Commonwealth of Puerto Rico subscribe to the Multistate Bar Exam MBE , which is a standardized set of multiple-choice questions usually taken on the first day of the state bar examination. There are four possible answers; you must choose the best answer under the given circumstances.
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  • Covers 7 Areas Of The Law The MBE covers constitutional law, real property and torts, criminal law and procedure, civil procedure, evidence, and contracts. There are four possible answers. The MBE instructions tell you to apply fundamental legal principles that are typically accepted in that area of the law. The questions are set up to test your ability to select the best answer from several possibilities. Thus, the MBE tests your knowledge and ability to apply the broad legal principles of our body of jurisprudence to legal issues.
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  • The ability to take a legal issue that arises in a factual context and apply the relevant legal concepts is basic to an attorney's legal reasoning skills. The MBE questions evaluate and test your ability to think like a lawyer and conduct legal problem-solving in a focused manner. Bar Exam Day Two: State-Specific Law Questions During the second day of the bar examination, states and territories administer other questions that are usually more specific to each state's laws. Fun fact: the California Bar Exam is notoriously difficult and has the lowest passage rate of any bar exam in the country. It is even ranked as one of the most challenging law exams in the world.
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  • These questions include a substantial number of essay questions that are based on hypothetical situations. You will be asked to resolve the issues raised in each hypothetical situation by supplying an answer in the form of an essay. This legal problem-solving process is what attorneys do on a daily basis. The purpose of these questions is to test your practical understanding of how the law works and how it may be applied to a client's situation to arrive at a resolution. Some states require standardized essay questions and other standardized test questions on the second day of the bar examination. This testing is prepared by the National Conference of Bar Examiners, the same organization that supplies the multiple-choice questions for the MBE.
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  • Detailed Rationales With Citations We provide the student with a detailed explanation in support of the correct answer, including updated citations to applicable statutory and case law. Most US law schools only teach common law, but they do not prepare law students for any particular bar exam. Just a few law schools offer bar review courses or bar preparation programs. Bar Prep Hero is a bar review program with sample examinations that are designed to resemble as closely as possible the types of questions that will appear in the MBE. During their preparation for the exam, the students have the option to look up the citations to see how courts reasoned about similar cases. Because of our huge bank of real, officially licensed questions from past exams and this structured learning process, law students taking our bar preparation program have had great success in better understanding the bar exam questions, the answers, and the process of legal reasoning.
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