Bar: Exam Rule Statements Questions
with All Complete Solutions.
Admin
Fed Formal Adjudication - Answer Agency must give notice in a reasonable time containing
time, place, and nature of the hearing, the legal authority and jurisdiction for the hearing, and
the matters of fact and law asserted. (+ admissibility of evidence, right to cross examine,
unbiased decisionmaker). Final order must be in writing with enough sufficient findings to
permit review by the courts.
Admin
Oregon Rulemaking - Answer Agency must give notice of the proposed rule by publishing it
in the Sec State's bulletin at least 21 days before the effective date. It must include (1) subject
matter and purpose of the intended rule, (2) time, place, and manner to comment, (3) statutory
authority, (4) statement of need, and (5) fiscal impact statement. Public comment is accepted in
writing unless 10 or more people request oral hearing.
Admin
Federal Informal Rulemaking - Answer Agency must give notice published in the Federal
Register 30 days before the effective date of the rule. Notice must include (1) subject matter
and purpose of the proposed rule, (2) time, place, and nature of the proceeding; and (3)
reference to the legal authority. Public has the right to comment in writing only. Final rule must
be published in the Federal Register with a concise statement of the basis for the rule and its
purpose.
Admin/Con Law
Procedural Due Process - Answer The Due Process Clause of the 14th Amendment provides
that states may not deprive a person's life, liberty, or property without due process of law. . . In
determining the amount of process due in a deprivation of a property interest, the court must
apply Matthews v. Eldridge balancing test by weighing the interest of the individual and the risk
of erroneous deprivation against the governmental interest of fiscal and administrative
efficiency. Goldberg v. Kelly states that a pre-deprivation hearing may be required if the interest
at issue is fundamental to survival.
Agency
Definition of Agency - Answer Agency is a consensual fiduciary relationship created when
two parties manifest the intent that the agent will act on the principal's behalf and subject to
the principal's control.
Agency
Duties of the agent - Answer The agent has duties as stated in the contract and implied by
law. Agent has a duty to perform, using reasonable care, diligence, and skill, for the benefit of
, the principal. He must obey all reasonable directions and notify the principal of all matters. An
agent also has a fiduciary duty of loyalty such as avoiding secret profits and conflicts of interest.
Agency
Apparent Authority - Answer Apparent authority is the authority that principal allows the
agent to assume, or holds the agent out as possessing. Apparent authority exists when an agent
makes an agreement which appears to be within the scope of his authority.
Agency
Partnership: Definition/Rule - Answer A partnership is an association of 2 or more persons to
carry on as co-owners of a business for profit. The partnership is a legal entity and generally
treated as distinct from the individual partners. No formalities are required to form a
partnership. In the absence of a formal partnership agreement, the parties' intent determines
whether a partnership has been formed.
Agency
Partners' liability to Partnership - Answer All partners are jointly and severally liable to pay
partnership obligations. However, if a partner pays more than her pro rata share of any
obligation, she has a right to seek indemnification from the partnership and the other partners.
Corporation
Shareholder's rights - Answer Shareholders have voting rights in election and removal of
directors, adoption and modification of bylaws, and fundamental changes to the corporate
structure. They also have right to inspect the corporate books and records. They do not have the
power to run the day to day affairs.
Corporation
Shareholder's duties - Answer Shareholders generally do not have fiduciary duty to the
corporation or to the other shareholders and can vote or sell their stock for their own personal
benefit. Majority shareholders, however, cannot use their power to oppress the interests of
minority shareholders.
Corporation
Directors' duties - Answer Directors' duties include the fiduciary duties of loyalty and due
care. Duty of care requires the exercise of reasonable business judgment such as would be used
by a prudent investor to manage his own affairs. Duty of loyalty requires directors to avoid
conflicts of interest, undue influence, and personal gain at the expense of the corporation.
Corporation
with All Complete Solutions.
Admin
Fed Formal Adjudication - Answer Agency must give notice in a reasonable time containing
time, place, and nature of the hearing, the legal authority and jurisdiction for the hearing, and
the matters of fact and law asserted. (+ admissibility of evidence, right to cross examine,
unbiased decisionmaker). Final order must be in writing with enough sufficient findings to
permit review by the courts.
Admin
Oregon Rulemaking - Answer Agency must give notice of the proposed rule by publishing it
in the Sec State's bulletin at least 21 days before the effective date. It must include (1) subject
matter and purpose of the intended rule, (2) time, place, and manner to comment, (3) statutory
authority, (4) statement of need, and (5) fiscal impact statement. Public comment is accepted in
writing unless 10 or more people request oral hearing.
Admin
Federal Informal Rulemaking - Answer Agency must give notice published in the Federal
Register 30 days before the effective date of the rule. Notice must include (1) subject matter
and purpose of the proposed rule, (2) time, place, and nature of the proceeding; and (3)
reference to the legal authority. Public has the right to comment in writing only. Final rule must
be published in the Federal Register with a concise statement of the basis for the rule and its
purpose.
Admin/Con Law
Procedural Due Process - Answer The Due Process Clause of the 14th Amendment provides
that states may not deprive a person's life, liberty, or property without due process of law. . . In
determining the amount of process due in a deprivation of a property interest, the court must
apply Matthews v. Eldridge balancing test by weighing the interest of the individual and the risk
of erroneous deprivation against the governmental interest of fiscal and administrative
efficiency. Goldberg v. Kelly states that a pre-deprivation hearing may be required if the interest
at issue is fundamental to survival.
Agency
Definition of Agency - Answer Agency is a consensual fiduciary relationship created when
two parties manifest the intent that the agent will act on the principal's behalf and subject to
the principal's control.
Agency
Duties of the agent - Answer The agent has duties as stated in the contract and implied by
law. Agent has a duty to perform, using reasonable care, diligence, and skill, for the benefit of
, the principal. He must obey all reasonable directions and notify the principal of all matters. An
agent also has a fiduciary duty of loyalty such as avoiding secret profits and conflicts of interest.
Agency
Apparent Authority - Answer Apparent authority is the authority that principal allows the
agent to assume, or holds the agent out as possessing. Apparent authority exists when an agent
makes an agreement which appears to be within the scope of his authority.
Agency
Partnership: Definition/Rule - Answer A partnership is an association of 2 or more persons to
carry on as co-owners of a business for profit. The partnership is a legal entity and generally
treated as distinct from the individual partners. No formalities are required to form a
partnership. In the absence of a formal partnership agreement, the parties' intent determines
whether a partnership has been formed.
Agency
Partners' liability to Partnership - Answer All partners are jointly and severally liable to pay
partnership obligations. However, if a partner pays more than her pro rata share of any
obligation, she has a right to seek indemnification from the partnership and the other partners.
Corporation
Shareholder's rights - Answer Shareholders have voting rights in election and removal of
directors, adoption and modification of bylaws, and fundamental changes to the corporate
structure. They also have right to inspect the corporate books and records. They do not have the
power to run the day to day affairs.
Corporation
Shareholder's duties - Answer Shareholders generally do not have fiduciary duty to the
corporation or to the other shareholders and can vote or sell their stock for their own personal
benefit. Majority shareholders, however, cannot use their power to oppress the interests of
minority shareholders.
Corporation
Directors' duties - Answer Directors' duties include the fiduciary duties of loyalty and due
care. Duty of care requires the exercise of reasonable business judgment such as would be used
by a prudent investor to manage his own affairs. Duty of loyalty requires directors to avoid
conflicts of interest, undue influence, and personal gain at the expense of the corporation.
Corporation
