Other essay subject

Question 1

Family law:

1. A TPO ordering the eviction of a spouse from a family home may be issued only if the applicant appears personally and files a sworn affidavit including: (i) a detailed description of the facts supporting the TPO; (ii) the victim either resides on the premises or has resided there within 30 days prior to filing the application; (iii) the person to be evicted has within the 30 days prior committed family violence; and (iv) there is a clear and present danger that the person to be evicted is likely to commit family violence again against a member of the household.
2. The court will not consider whether both parties have sufficient financial means to support the child.
3. The guidelines provide for the following percentages of an obligor’s net resources: 20% for one child; 25% for two children; 30% for three children; 35% for four children; 40% for five children; and not less than 40% for over five children. For first 9200 dollars of the net resources
4. An obligor parent’s support obligation does not terminate on the parent’s death. The remaining unpaid balance of the child support obligation is accelerated. The amount due is discounted to present value and becomes a claim against the obligor’s estate. Absent a contrary agreement, a parent’s support obligation terminates on the child’s marriage, the child’s enlistment in the armed services, the child’s death, or removal of the child’s disability. Also, if an order terminates the parent-child relationship between the obligor and the child, based on the results of genetic testing that exclude the obligor as the child’s genetic father, the duty of support terminates.
5. A statutory lien arises by operation of law for all amounts of overdue support. The lien attaches to all of the obligor’s real property, other than homestead property, and to all personal property that is not exempt from creditors’ claims, including claims for negligence or personal injury. The lien also automatically attaches to property acquired in the future.
6. Neglect occurs when a parent knowingly places or allows the child to remain in conditions or surroundings that endanger the child’s physical or emotional well-being. This implies a passive fault of the parent by way of omission, such as failure to feed, clothe, or house the child properly.
7. It is a ground for involuntary termination if a parent has failed to support the child for a one-year period ending within six months of the date the petition is filed.
8. Ways of collecting: mandatory withholding (50% of obligor’s disposable earnings), suspension of licenses (for failure to pay for more than 3 months), enforcing a child support lien, obtaining a money judgement with interest, freezing assets, and seeking a contempt order.
9. For determining legal sufficiency of the evidence supporting a termination of parental rights, determines whether the factfinder could reasonably have found clear and convincing evidence (1) statutory ground for termination and 2. is in child’s best interests. - look at nelect and abuse.

Answer 1

Tax:

1. Cash and gift cards do not qualify as an employee achievement award and must be included in gross income.
2. Shareholders in a Subchapter S corporation are taxed on their pro rata portion of earnings regardless of whether the earnings are distributed. If the earnings are not distributed, the shareholder’s basis for his or her stock is increased in the amount of the earnings attributed to the shareholder. If the earnings are distributed to the shareholder in subsequent years, the shareholder’s basis in the corporate stock is decreased by the amount distributed.
3. Under the cash method of accounting, income is reported in the same year that it is received. The rule usually applies when a check is given as payment. It is the time the check is received that matters and not when the check is cashed, even if the check is post-dated. Disbursements follow a similar rule—they are expenses in the year they are paid.

Question 2

Bankcruptcy:

1. Chapter 7 - liquidation. Chapter 13 - Reorganization for individual who qualify, small amount of debt.
2. A guarantee is not a debt.
3. If the debtor fails to file her tax returns for the previous four years with the applicable taxing authorities, the court must dismiss or convert the case. On the other hand, the court may dismiss or convert a case based on unreasonable delay that prejudices creditors, failure to file a timely plan, or failure to make timely payments.
4. The 10 classes, in descending order of priority are: domestic support obligations, administrative expenses, involuntary gap claims, wage claims, contributions to employee benefit plans, claims against operators of grain or fish storage facilities, consumer deposits, tax claims, capital requirements of insured depository institution, and personal injury claims resulting from intoxicated operation of a vehicle.
5. regardless of whether the debtor had an intent to hinder, delay, or defraud, are fraudulent transfers if any of the following also occurred: (i) the debtor was insolvent or became insolvent as a result of the transfer; (ii) the debtor was engaged in business or was about to engage in business with an unreasonably small amount of capital; (iii) the debtor intended to incur debts that would be beyond the debtor’s ability to pay as the debts matured; or (iv) the debtor made such transfer to or for the benefit of an insider, or incurred such obligation to or for the benefit of an insider, under an employment contract and not in the ordinary course of business. (2 years before filing)
6. certain debts are nondischargeable in Chapter 7 cases. One such debt is the purchase of luxury goods or services if the debts aggregate over $725 to a single creditor, and this aggregate amount of debt is incurred within 90 days of the order for relief.
7. Chapter 11 is designed to help the debtor rehabilitate his failing business by extending, reducing or adjusting debts and reorganizing the business. Chapter 13 for individual with income for specific debts

Answer 2

Consumer Law:

1. Wavier is void unless in writing, signed, not in a disparate barganing position, not represented by legal counsel.
2. purchaser is broadly defined. consumer does not have to be one who pays
3. merely loaning money is not subject to DTPA, but if from the consumer’s prospective, the loan was essential of transaction, it is subject to the Act. (loaning for car is, loaning for money alone from ban is not.)
4. Bussine consumer with asset of 25 millions is not consumer under DTPA (not apply to individuals)
5. Even exempted professions can be found liable if : 1. an express misrepresentation of a material fact that cannot be characterized as advice, judgment,
   or opinion;
6. a failure to disclose information in violation of Section 17.46(b)(24);
7. an unconscionable action or course of action that cannot be characterized as advice, judgment,
   or opinion; or
8. breach of an express warranty that cannot be characterized as advice, judgment, or opinion.”
9. All personal injuries damages are recovers under violation of tie-in statute.
10. Defendant must offer to settle in money.
11. Rejection of a settlement substantially same as the judgement limits damages and preclude punitive damages and attorney’s fee.
12. The DTPA provides that each consumer who prevails may obtain economic damages and, in an
    appropriate case, damages for mental anguish and total damages of not more than three times the
    damages awarded.
13. Texas Debt Collection Act is a tie-in statute, A tie-in statue -> bring in TDPA into other laws. Insurance code is not a tie-in statute -> recover actual damages (pain and suffering…) not just economic damages
14. Insurance + TDPA -> apply to everybody, not just insurance - prohibits misrepresentation by the agents or the company, prohibits trading off another’s name
15. Insurance may respond in 15 days, insurer must accept or reject in 15 days, may extend to 45 days. Fail to respond, penalty
16. Insurer has a duty to settle within policy limit. Possible violation: 1. misrepresentations of existence or terms of a policy. 2. Unfair claims settlement practices, not in good faith to effectuate a prompt, fair, and equitable settlement of his claim.
17. A plaintiff who prevails on his claim may receive actual damages as well as reasonable attorneys’ fees and court costs.
18. Informing the consumer that she may be arrested after proper court proceedings if she has violated a criminal statute is permitted.
19. A finding of intentional conduct entitles the consumer to up to three times what the jury has calculated for both economic damages and damages for mental anguish. (Knowingly is eco damages only)
20. A laundry list violation occurs whenever one of the enumerated prohibited acts on the DTPA’s laundry list occurs. A laundry list violation does not require a showing of the defendant’s knowledge or intent
21. The most common laundry list claims are based on subsections (5) and (7), which involve misrepresenting a fact regarding goods or services, either orally or in writing. Statements under these two sections do not require knowledge or intent to deceive. Statements of opinion, or puffing, are not violations of the DTPA.

Question 3

Commerical Paper:

1. Begotiability requirement satisifies if: 1. check is written, 2. signed the check, 3. the check contained a unconditional order to pay a fixed amount, 4. imposed no other undertaking or insturction 5. the check was payable at a deinite time and 6. the check contained words of negotiability (payabe to the order of…)
2. indorser will be liable to the ultimate drawer, but who signed “without recourse” will be not.
3. Statute of limitation for enforcing a note is six years from the due date.

Answer 3

secured transaction:

1. Strict foreclosure: after default, the foreclosing secured party may keep the collateral to fully or partially satisfy the debt if the debtor consents to the strict foreclosure by either 1. agreeing to the SF in an authenticated record after default; or 2. in the case of a full strict foreclosure, failing to make an authenticated objection within 20 days after notice (merely saying ok in telephone is insufficient)
2. If failure to follow UCC rules, laible to actual damage, for breaches the peace, lost UCC’s authorization to repossess and may be sued for conversion + consumer goods’s damage, at least 10 percent + all interests charged to be paid
3. Inventory is any good held for sale or lease, both inventory and equipment are covered by security agreement, which can be perfected after filing a financing statement.
4. PMSI -> sold on credit when seller takes a security interest in the item to secure payment of the price, and for equipment, it has priority if it perfected within 20 days after receives possession by debtor -> over other security interests holder like bank, however, PSMI does not exist in accounts
5. security interest attaches to tangible collateral when 1. debtor agrees to give the creditor a security interest in it. 2. creditor gives value for the security interest, and 3. the debtor has rights in the collateral.

Question 4

Real Property:

1. Homestead: considered to be urban if it located within the limits of a municipality or its extraterritorial jurisdiction or a platted subdivision and served by police protection, volunteer or paid fire protection and at least three of the following services provided by a municipality or under a contract to a municipality: electric, natural gas, swer, storm swer or water.

if not meet requirement, rural homestead for family is 200 acres, and for single person is 100 acres.

2. In order for deed to be recordable, it needs to have words of grant, delivered, or accepted

Answer 4

Will related:

1. If a decedent is not survived by a spouse, his entire estate passes to his children or the descendants of deceased children.
2. Guardian: a temporty guardian can only do what was explicitly granted in the order of appointment. Even as permanent guardian, he could not take such an action without prior court approval.
3. Trust: Only the attorney general, charged with a statutory duty to represent the public and all potential beneficiaries of a charitable trust, has standing. -> exception: settlor of the trust. (the one who created trust, therefore has interests in it.)
4. Trustee cannot assign new trust beneficiary, can name a new charitable beneficiary if original doesn’t exist anymore, but only when the replacement has the same or similar charitable purpose. -> through court proceeding., send notice to attorney general.

Question 5

Sales:

1. Implied warranty of merchantality: warranty that goods are fit for ordinary use is implied in a contract if the seller is a merchant who “deals in goods of the kind” -> but negated by AS is disclaimer, needs to be in original contract, not delivery receipt.
2. Transfer warranties (beach can be breach of any of) -> 1. transferor is entitled to enforce the check, 2. all signatures on the check are authentic and authorized, 3. check not altered 4. no one has a defense that could defeat the transferor 5. transferor has no knowledge of insolvency. -> may recover amount of check + interests.
3. The one who issued the check does not transfer the check therefore not making transfer warranties. Another requirement is needs of consideration

Answer 5

Corporation:

1. Objection to the improper notice will deems the votes invalid for voting for that particular meeting.
2. Share holders’ meeting, no more than 60 days before the meeting, for meetings at which merger or consolidation, not less than 21 or more than 60 days before the meeting.