Test 2 Flashcards

1
Q

Obligation of applicant seeking insurance coverage to insurance company

A

Must act under good faith, otherwise the insurance policy is void (must answer questions truthfully)

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2
Q

obligation of insurance company in drafting an insurance policy for an applicant

A

Must outline what is and isn’t covered by the policy, company is liable for ambiguity. (Insurance is to determine whether something caused the damage

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3
Q

Requirement for beneficiary to collect on damage done to property

A

Must have equitable interest, if sold on credit then it may happen (can claim if does not own property)

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4
Q

Requirement for beneficiary to collect on injury or illness on themselves or other persons

A

Must have insurable interest in that individual at the time they acquired the insurance

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5
Q

Requirements for enforceable holographic will

A

Written in the will makers handwriting, will makers signature, mental capacity, distribution of things, (does not need a witness).

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6
Q

Requirements of a trust

A

Intent for settlor to create a trust, Existing income producing property (res), definite language as to who is the beneficiary, trustee independently manages the res

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7
Q

Duties of the trustee

A

no conflict of interest, safe and under control, understand terms,

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8
Q

General rule regarding revocability of trust by settlor

A

not revocable, however, in Texas it is allowed

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9
Q

Elements of Environmental Impact Statement

A

National Environmental Policy Act

obligation that any government interaction give a detailed statement that looks at the environmental impact (includes anyone that receives federal funding)

must be realistic alternatives stated

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10
Q

Bases for standing to challenge an action that will have or having an environmental impact

A

Standing is KEY DEFENSE

indirect impacts

aesthetic impacts

recreational impacts

enjoyability impact

CAN’T BE ASPIRATIONAL IMPACT

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11
Q

Liability of co-signer for debt of debtor if guarantor v. surety

A

Guarantor- their obligation to pay the bill of a debtor only arises if there is a judgement against the debtor

surety- can be gone after without judgement

can argue not to pay for the same reason the debtor didn’t pay

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12
Q

Violations under the Fair Debt Collection Practices Act

A

can’t discuss debts with third persons other than spouse

misrepresent themselves as attorney or law enforcement

communicate with people with known attorney

communicating at place of employment

repeated continuous calls

outside of 8am to 9pm

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13
Q

Artisan v. mechanic’s lien: priority over all other conflicting security interests and
difference/distinction between both

A

Artisans lean is on personal property. they get first priority

mechanics lien on land

if item brought in for repair is sold, only liable for value not sentimental value

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14
Q

Requirements of a security agreement

A

Agreement is written

debtor has equitable interest in the secured collateral

recognition of security interest generally signed or agreed to by debtor

general description of secured collateral

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15
Q

Requirements for repossession and sale of repossessed collateral

A

needs a security agreement

creditors must try and get the best price possible

creditors are given their dues

the surplus is returned back to the debtor

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16
Q

Requirements of a financing statement

A

debtors information

secured party’s information

collateral description

GIVES PERFECTION

17
Q

Duration of a financing statement and requisites for enforceable continuation statement

A

Only lasts for 5 years, but me renewed within 6 months before expiration

18
Q

Criteria for/impact of ‘automatic’ v. ‘super’ perfection of consumer good

A

automatic perfection- where a business is selling consumer to the debtor must have item in their inventory

super perfection- only applies to consumer goods

19
Q

Perfection of PMSI in inventory

A

automatic perfection dealing with inventory. Receive secured interest in inventory

20
Q

Perfection of PMSI in equipment

A

automatic perfection in equipment, secured on the equipment over creditors, reposes equipment

21
Q

Buyer in the ordinary course of business v. good faith purchaser

A

Buyer in ordinary course of business- purchases an item in a normal business setting, collateral is the item, if the business goes bankrupt and balance is owed, they just pay it off

Good faith purchaser - next door neighbor, neighbor keeps what they bought

22
Q

Bulk sales law requirements

A

protects creditors from companies selling their assets to avoid paying debts

23
Q

Treatment/consequences of fraudulent transfer v. preferential transfer of asset

A

A fraudulent transfer occurs when a debtor intentionally or constructively transfers an asset to hinder, delay, or defraud creditors.

Can go back at least 2 years

must be returned to bankruptcy estate

A preferential transfer occurs when a debtor pays certain creditors within a specific period before filing for bankruptcy. The goal is to ensure equitable distribution of assets among creditors.

90 day period

return payment to estate

24
Q

What is property Insurance for

A

risk shifting not prevention

25
can creditors take from trusts
no, unless they are in Texas
26
CERCLA
Comprehensive environmental response compensation liability act. requires anybody who is in the chain of title with regard of property to share in cleanup of property where there is hazardous waste executives can be charged as well every state needs to identify 10 hazardous waste sites to EPA
27
RCRA
Resource conservation and recovery act deals with future requires EPA to provide standards for future storage of waste
28
what is perfection
top of the list
29
Requriements of a will
testamentary capacity, at least 2 witnesses that aren't receiving anything,
30
how is property distributed
personal property 1/3 to spouse 2/3 to children wife gets life estate
31
What is the order of property distribution
descendants, ascenders collaterals
32
Codicil
adds or takes away from the will
33
What would make a codicil void
if a kid takes care of mom/dad and gets more of the property there would be undue influence
34
CIRCLA must identify---- and does not----
all hazardous waste sites and does not have to wait for an accident to occur
35
RICRA deals with ---- and requires EPA to-----
future and requires EPA to provide standards of future storage of waste
36
Garnishment of wages
court will allow a person to take a certain percentage of a person's wages if it hinders a person's ability to live life with necessities then we are subject to treble damages
37
super perfection
only applies to consumer goods
38
PMSI and financing statements
must file within 20 days of delivering goods if they want to have a claim on what they delivered for inventory and must file before 20 days after for equipment
39
laughin heir stature
distantly related rando gets the shit