Texas bar exam - Study guides, Class notes & Summaries

Texas Bar Exam - Family Law 2023 SMC Question - Parents wants to modify conservatorship. Standard? (Also, what if some evidence of abuse?) - ANSWER-- Modification must be in BIOC. - Must be material + substantial change in circumstances. - Court MUST consider intentional use of abusive physical force by a party against a child in appointing managing conservator. (Abuse deemed prima facie material and substantial change if there is a conviction or an order of deferred adjudication with regar...

Texas Bar Exam - Family Law 2023/2024 Requirements to prove Common law marriage (Informal Marriage) - ANSWER-*no minor ACHE* 1. neither party can be a minor 2. agreement to be married 3. cohabitation - lived together in TX 4. held themselves out as husband and wife in TX 5. evidence of their agreement (circumstantial ok) * if an action to prove CL marriage is not brought within 2y after the parties separated, the rebuttable presumption is that they had not agreed to be married Gr...

Wills & Estates - Review for Texas Bar Exam MBE & MEE (Essays) 2023 Wills & Estates 1. What are the main areas of concern when addressing a wills question? - ANSWER-*Main Areas of Concern:* 1. *Validity:* ....a. Capacity to Make a Will ....b. Intent - testamentary Intent ....c. Formality requirements met? 2. *Revocation & Revival:* *QUESTION:* After document was executed, did T do something to revoke the will? ....a. If Yes, was it then thereafter revived? ....b. If Will surv...

What should D file if a P fails to specify allegations on an asserted matter in an amended pleading following D's Special Exception? - Answer- D should file a Motion to Dismiss or Motion to Strike the unspecified allegations -If P is given the opportunity to amend his petition, but fails to do so, the court should grant D's motion How should a D respond if it is mis-named or mis-identified in a pleading by the P? ex. D is a corp not a partnership - Answer- 1. D should file a verified deni...

Texas Bar Exam Question and answers rated A+ 2023Requirements to prove Common law marriage (Informal Marriage) - correct answer *no minor ACHE* 1. neither party can be a minor 2. agreement to be married 3. cohabitation - lived together in TX 4. held themselves out as husband and wife in TX 5. evidence of their agreement (circumstantial ok) * if an action to prove CL marriage is not brought within 2y after the parties separated,

Texas Bar Exam Essays -- Real Property 2023/2024 What are the rights & duties of a life tenant - ANSWER-Tenant is to maintain the estate, if they do more, they have committed waste. +Voluntary Waste - affirmative action beyond right of maintenance that harms premise +Permissive Waste - results from failure to repair, pay taxes, and interest on mortgage +Ameliorative Waste - alters property, enhances value When can the life tenant commit waste - ANSWER-If changed conditions have made th...

Texas Bar Exam - Oil and Gas (TX) 2023/2024 Mineral Estate in TX - ANSWER-- Fee simple ownership. Can sever FSO in the minerals from the FSO in the surface, creating two FS interests in the same tract - Mineral owner owns severed mineral estate in FSA - Mineral estate is the dominant estate over surface estate Rule of Capture - ANSWER-- Person owns all the oil and gas extracted from a well on his land that is legally produced - Not liable for causing oil and gas to migrate across proper...

Texas Bar Exam Essays -- Oil and Gas 2023/2024 Master 2 Step: - ANSWER-(1) Figure out what you have: identify the INTEREST (mineral, surface, royalty, shared) (2) How to profit from: LEASES & PRODUCTION (essential clauses, division orders, implied covenants) What is the rule of capture - ANSWER-Landowner is entitled to all the oil & gas he may bring to the surface even if he causes migration or drainage from another's land Limits: Limited by correlative rts of adjacent owners - owes le...

Guardianship - TX Texas Bar Exam 2023/2024 Guardian of the Person - ANSWER-1. Right to charge of the ward 2. Duty to provide care, supervision, protection, food, clothing, medical care, and shelter 3. Power to consent to medical and psychiatric treatment Guardian of the Estate - ANSWER-Right & duty to manage ward's property, enforce ward's obligations, and bring/defend suits by/against the ward. If interest is less than $100K, parent can get court order to sell w/o appointment of g...