Question: What is the usual method of mortgage

> What is eminent domain?

> Do landowners always acquire air rights and subsurface rights to their property?

> If an engagement is called off, who should get the engagement ring?

> What effect do lost-property statutes have on the distinction among lost, mislaid, and abandoned property, and treasure trove?

> How is a bailment created?

> What are fungible goods?

> What is the difference between actual delivery and constructive delivery in creating a bailment?

> Are innkeepers and hotel owners strictly liable when their guests lose personal property on the premises?

> How may a bailor satisfy his duty to provide the bailee with goods that are free from hidden de¬fects that could injure the bailee?

> In most situations, when a breach of contract occurs, the injured party has a duty to do what?

> Discuss the two basic duties of a bailee.

> Does the 2005 act adequately balance the interests of creditors and debtors? Why or why not?

> Do bailees have the right to limit their bailment liability?

> What are fungible goods?

> Is it possible to deliver a gift of personal property over the Internet? Explain.

> What is the difference between mislaid, lost and abandoned property?

> How may a gift be delivered to a donee when physical delivery is impossible due to the nature of the gift itself?

> What are the three requirements for an effective gift?

> What is the difference between a tenancy in common and a joint tenancy?

> What is the difference between tangible and intangible personal property?

> What are the two principal types of damages recoverable on a breach of contract?

> A discharged debt is not treated as taxable income. If it were, how would a debtor’s situation be different?

> What sort of defenses may an insurance company raise against payment on a claim?

> What information must be provided by one who is applying for an insurance policy?

> In what circumstances may an insurer cancel a policy?

> How is the effective date of an insurance policy usually determined?

> Who may be insured by a key-person insurance policy?

> Can anyone claim to have an insurable interest in a particular person or property?

> Discuss the concept of risk pooling.

> What is insurance?

> Do the automatic stay rules apply in Chapter 13 cases?

> What are three ways in which performance of a contract may become impossible in an objective sense?

> Can a Chapter 13 proceeding be initiated by involuntary petition?

> Who is eligible for relief under Chapter 13?

> In evaluating a debtor’s petition, what factors should be part of a good faith analysis? Should consideration of the calculation of disposable income play a role? Why or why not?

> What is the essential difference between bankruptcy under Chapter 7 and bankruptcy under Chapter 11?

> How are secured debts handled in a bankruptcy proceeding?

> What powers does a trustee have?

> Who can use Chapter 7?

> Can a mortgage be obtained legally at a favorable interest rate without many of the restrictions and much of the paperwork that attends the formal lending process?

> How does a short sale work?

> Were the changes to the Bankruptcy Code enacted in 2005 a factor in causing the recent recession?

> What is a statute of limitations?

> How might a borrower protect against falling victim to a dishonest lender or a mortgage scam?

> Should the federal government regulate the advertising of real property and mortgages on the Internet to protect consumers from potential fraud? If so, what kind of regulations would be appropriate, and how might they be enforced?

> What is Regulation Z, and to what type of transactions does it apply?

> Does the Truth-in-Lending Act adequately balance the interests of creditors and debtors? Why or why not?

> How might a notice of default and foreclosure actually benefit a debtor?

> Why do states require strict compliance with the provisions of their foreclosure laws, such as the requirement in this case that the lender own the note at the time of the complaint?

> What are the differences between contracts of suretyship and guaranty contracts?

> How does garnishment work?

> How does a writ of execution work?

> How can mutual rescission take place?

> How does a mechanic’s lien work?

> What happens when a secured party claims a security interest in collateral that has been sold by the debtor?

> What happens when two secured parties claim security interests in the same collateral?

> What happens when a secured party and an unsecured party claim security interests in the same collateral?

> What is perfection?

> How is an interest in proceeds perfected?

> What is required for an enforceable security interest?

> What is the poison pill defense?

> When is a corporation that purchases the assets of another corporation normally responsible for the liabilities of the selling corporation?

> What is a self-tender?

> What are two ways in which performance of a contract can be accomplished?

> What is a tender offer?

> What sorts of corporate actions require the approval of both the board of directors and the shareholders?

> What is an appraisal right?

> What is a short-form merger?

> Describe the four steps by which a merger or consolidation takes place.

> 1. What advantages is a company likely to realize from a merger? 2. What is a possible disadvantage of a merger?

> What is the difference between a merger and a consolidation?

> How do the bad acts of corporate directors and officers who attempt to advance their own interests at the expense of the shareholders impact corporate governance?

> If a group of shareholders perceives that the corporation has suffered a wrong and the directors refuse to take action, can the shareholders compel the directors to act? If so, how?

> What policy reasons support the application of lower, instead of higher, quorum requirements?

> What is the most common way to terminate, or discharge, a contract?

> Are directors entitled to be indemnified for any legal costs they incur in defending suits against the corporation?

> Why do courts in their application of the business judgment rule give significant deference (weight) to the decisions of corporate directors and officers?

> What sort of legal protection is offered to directors and officers by the business judgment rule?

> What actions must a director or officer take to avoid liability when a corporation enters into a contract or engages in a transaction in which an officer or director has a material interest?

> What are the most common situations in which directors allegedly violate their duty of loyalty?

> Why is the liability of a corporation limited with respect to its agents’ and officers’ torts to those committed within the course and scope of employment?

> Why is it incorrect to characterize a director as either an agent or a trustee of a corporation?

> What are the limits on the shareholder’s right to inspect corporate records and books?

> How does cumulative voting work?

> What are some of the more important powers that may be exercised by shareholders?

> How might social media raise ethical questions with respect to business hiring decisions?

> How are securities laws being applied in the online environment?

> What information must be included in a registration statement prior to a security being offered to the public?

> What is the doctrine of ultra vires?

> How does a court decide whether it may exercise jurisdiction over a foreign or alien corporation?

> What steps must a foreign corporation take to qualify to do business in a state?

> What are some of the ways in which a corporation or its shareholders can restrict the transferability of shares?

> How is corporate income double-taxed?

> What is the difference between a limited liability company (LLC) and a limited liability partnership (LLP)?

> What are the primary functions of general and limited partners in a limited partnership?

> Can the partnership undertake new obligations after it has been dissolved?

> When the terms of a written contract are ambiguous, how can the meaning of the terms be shown?

> Which aspects of a business’s operation do the rules, orders, and decisions of administrative agencies affect?

> When may a partner withdraw from a partnership?

> When will majority rule not govern decisions connected with partnership business?