Tx Essays

Question 1

What is Texas’ Long arm statute regarding paternity, custody, or child support?

Answer 1

When the non-resident had sex in Texas and a child may have been conceived as a result/

Question 2

What is a Dry hole clause?

Answer 2

The oil company may may maintain a lease if they drill a dry hole by beginning to drill another hole by an agreed date.

Question 3

What is a Pugh Clause?

Answer 3

if only part of the leased acreage is pooled, the rest of the acreage shall be severed unless the lease drills on the severed portion of land or pays delayed rentals of the severed remainder.

Question 4

For a non-judicial foreclosure to be valid, what must occur?

Answer 4

(1) Notice must be given to the debtor and the general public 21 days before the sale date.
(2) if the property is the debtors residence the debtor must have an additional 20 days and be told how the default may be cured.
(3) the sale must take place at public auction held between 10am - 4pm the first Tuesday of the month.
(4) the sale must be in the county the property is located.

Question 5

What are the forms of administration?

Answer 5

(1) Independant
(2) Dependent
(3) Muniment of tittle
(4) Small estate administration

Question 6

The Presumption when a will was last seen in the possession of the testator is?

Answer 6

That is was destroyed. Is rebuttable.

Question 7

Requirements for proving a lost will?

Answer 7

(1) The will claimed to be lost was “duly executed”.
(2) Cause of non-production.
(3) The will’s contents.

Question 8

Besides the requirements, how may a lost will be proved when the will was not self-proving?

Answer 8

Having a witness, that was present when the will was being made, testify that the testator was over the age of 18 and the sgining was witnessed by two people (does not need to be three people).

Question 9

What is a General Warranty Deed?

Answer 9

(1) Highest quality deed.
(2) transfers ownership with seller’s warranties that no title objects have occurred during their ownership and no objects in the chain of title from before the seller’s ownership.

Question 10

What is a special warranty deed?

Answer 10

(1) middle quality deed.
(2) assures no defects in the seller’s ownership.
(3) makes no warranties about the chain of title.

Question 11

When is a homestead Urban?

Answer 11

(1) Within the boundaries of a municipality.
(2) it is served by the police and fire protection,
(3) it served by 3 or more municipal services.
(4) can be up to 10 contagious acres.

Question 12

What must a deed have to be recordable?

Answer 12

Must be acknowledged, sworn to, or proved.

Question 13

When is a homestead Rural?

Answer 13

(1) outside the municipality
(2) not served by the police or fire protection, or not served by at least 3 or more municipal services.
(3) may be up to 100 acres for a single family, or 200 acres for a family. Does not need to be contagious.

Question 14

What is a quitclaim deed?

Answer 14

(1) lowest quality deed.
(2) congress only what the ownership the seller has to the buyer.
(3) Makes no warranties, not even as to the sellers own ownership.

Question 15

What is presumed if a spouse’s name is placed on a deed/title?

Answer 15

That a gift of 1/2 interest has been given to the other spouse.

Question 16

Under the Texas property code, what are the mandatory requirements for valid deed construction?

Answer 16

(1) must be in writing,
(2) designate a grantee,
(3) contain words of grant,
(4) contain an adequate legal description,
(5) be delivered and accepted by the grantee.

Question 17

When must a non-agreement common law marriage be proved?

Answer 17

the proceeding must be commenced before the second anniversary of the date on which the parties separated and ceased living together.

Otherwise there is a Reb utterable presumption that the parties did not enter into an agreement to be married.

Question 18

When someone dies intestate, survived by a spouse and at least one child sired from outside the marriage, what happens to the community property?

Answer 18

1/2 to the spouse

1/2 evenly distributed to all living children.

Question 19

How may common law marriage be proved?

Answer 19

(A) a declaration of their marriage has been signed provided by the Texas family code.

(B) (1) the couple agreed to be married, and after the agreement:

(2) lived together in Texas as spouses, and
(3) they represented to others that they were married.

Question 20

May common law marriage be proven by circumstantial evidence?

Answer 20

Yes.

Question 21

By what standard may the community property presumption be rebutted?

Answer 21

Clear and convincing evidence.

Question 22

What is the maximum net resources that may be considered for child support according to statutory guidelines?

Answer 22

$8,550 per month.

Question 23

What is the standard of review for finding underemployment?

Answer 23

Abuse of discretion

Question 24

When must a purchase money security interest be perfected by to have superior priority?

Answer 24

Within 20 days of the debtor receiving possession of the collateral.

Question 25

Can a PMSI still defeat a automatic stay order during the foreclosure of the lender’s assets?

Answer 25

Yes so long as it is perfected within 20 days of the debtor receiving possession of the collateral. Even if the automatic stay goes in place between the time the PMSI is contracted and the lender perfecting their interest.

Question 26

A drilling clause will be construed against the lessee, and will be enforced based on what two factors?

Answer 26

(1) Objective physical acts done on the leased premises,

and

(2) subjective good-faith intent to pursue the drilling operation.

Question 27

What are the factors Texas Courts will consider in applying the temporary cessation doctrine in an oil and gas case?

Answer 27

(1) a short temporary shutdown,
(2) which the lessee acts diligently to fix,
and which is (3) due to a mechanical breakdown or the like”.

Question 28

What is the Temporary Cessation Doctrine?

Answer 28

it excuses the sudden stoppage of the well or mechanical breakdown that is not a deliberate decision of the lessee.

Question 29

What are the prima facia requirements for a Protective Order?

Answer 29

(1) that violence has occurred,
and
(2) is likely to occur in the future.

Question 30

Against whom may family violence be directed to be valid for the requirements of a protective order?

Answer 30

Against the

• family or household
• the children
• victims who are targeted because of the victim’s marriage to or relationship with an individual whom the actor is or has been in a dating relationship or marriage.

Question 31

What acts constitute family violence?

Answer 31

- actions intended to result in: 
physical harm, 
bodily injury,
assault, or
sexual assault,

- threats that reasonably place the victim in fear of: 
imminent physical harm,
bodily harm,
injury,
assault,
or sexual assault.

Question 32

What is required for a valid holographic will? and what is required for it to be admitted to probate?

Answer 32

(1) it is written with testamentary intent
(2) Wholly in the testator’s handwriting
(3) is signed by them.

To be admitted to probate at least two witnesses must testify that the instrument is wholly in the testator’s handwriting.

Question 33

What is required for the doctrine of adoption by estopell?

Answer 33

There must be a showing that the stepparent agreed with the natural parent that they would adopt the child, and then failed to preform the agreement.

Question 34

What is the “divorce revokes” rule?

Answer 34

Under the “divorce revokes rule” a will shall be read as though the gift to a now divorced spouse had failed to survive the testator.