Tuesday, September 30, 2014

Law School Funny Memes

Here are law school funny memes to forget all that law school stuffs that's been bothering you all day. Just keep your calm, laugh and relate to this memes right here and get back to reality again. Read and Comprehend. Damn it!!! 



Saturday, September 6, 2014

Sample Questionnaire - Obligation and Contracts - Civil Code

Here's a sample questionnaire in my 2nd year in Law School. You may answer them below the comment box and let us exchange answers without looking at the book. 


1. Give and explain the two (2) different kinds of estoppel.

2. Can trust be proved by oral evidence?

3. Can stolen property be acquired through prescription?

4. Can property belonging to the state be acquired through prescription?

5. What are the essential elements of laches?

6. Distinguish Prescription from Laches.

7. To mislead others, two brothers, Finn and Jake , drew up a plan where Finn, although the registered owner of a parcel of land, admitted that Jake was really the owner. May Jake or his successors-in-interest claim ownership over the land by virtue of such written admission by Finn?

8. H, widower sold conjugal property, registered under his name only, to X, an innocent purchaser, who was able to register the property in his (X) name. Twenty (20) years later, the heirs of W, the wife of H, sued for annulment of the sale with respect to the one-half of the land. Will the case prosper?

9. Give the concept of fortuitous event. How does it affect the obligation of the debtor?

10. What is the test to determine whether a person is negligent before he can be held liable for a quasi-delict?

Tuesday, September 2, 2014

MCQ Questionnaire Sample in Succession - Civil Code

Select the BEST answer by encircling the letter that corresponds to the questions asked.

1. A kind of succession where part of the property has been disposed of in a will and another part by operation of law is aptly called
 a. Testamentary succession
 b. Legal succession
 c. Mixed succession
 d. Voluntary succession

2. Except for one, example of right extinguished by death (and which therefore is not part of the estate)
 a. right to bring or continue an action for forcible entry or unlawful detainer.
 b. right to claim acknowledgment or recognition as a natural child.
 c. intransmissible personal rights because of their nature.
 d. right to hold public or private office

3. One of the following is not a characteristic of a will, which is it?
 a. there must be animus testandi.
 b. it is a unilateral act.
 c. it is a natural right
 d. it is a solemn or formal act.

4. Which is an incorrect statement as regards essential element of a will?
 a. the will is strictly a personal act.
 b. it is essentially revocable.
 c. it is free from vitiated consent.
 d. it can be subject to a  compromise agreement.

5. In his sickbed, a dying person called on his wife and children orally disposing of his estate. The act is;
 a. valid in consonance with the dying wishes of a decedent.
 b. valid as it does not affect third persons.
 c. invalid since wills must be in writing.
 d. invalid since it need notarial act.

6. Who among the following is incapacitated to make a will?
 a. convict under civil interdiction.
 b. spendthrifts who are 18 years old.
 c. juridical person.
 d. prodigals who are 18 years old.

7. Can future inheritance be the subject of a contract of sale?
 a. No, since it will put the predecessor at the risk of harm from a tempted buyer, contrary to public policy.
 b. No, since the seller owns no inheritance while the predecessor lives. 
 c. Yes, since the death of the decedent is certain to come.
 d. Yes, but on the condition that the amount of the inheritance can only be ascertained after the obligations of the estate have been paid.

8. An Australian living in the Philippines acquired shares of stock worth 10 Million in food manufacturing companies. He died in Manila, leaving a legal wife and child in Australia and a live-in partner with whom he had two children in Manila. He also left a will, done according to Philippine laws, leaving all his properties to his live-in partner and their children. What law will govern the validity of the disposition in the will?
 a. Australian law since his legal wife and legitimate child are Australians and domiciled in Australia.
 b. Australian law since the intrinsic validity of the provisions of a will is governed, by the decedent's law.
 c. Philippine law since the decedent died in Manila and he executed his will according to such law.
 d. Philippine law since the decedent's properties are in the Philippines.

9. Jenny and Juno have been sweethearts for 5 years. While working in a European country where the execution of joint wills are allowed, the two of them executed a joint holographic will where they named each other as sole heir of the other in case either of them dies. Unfortunately, Juno died a year later. Can Jenny have the joint will successfully probated in the Philippines?
 a. Yes, in the highest interest of comity of nations and to honor the wishes of the deceased.
 b. No, since Philippine law prohibits the execution of joint wills and such law is binding on Jenny and Juno even abroad.
 c. Yes, since they executed their joint will out of mutual love and care, values that the generally accepted principles of International law accepts.
 d. Yes, since it is valid in the country where it was executed, applying the principle of "lex loci celebraciones".

10. Budoy executed a will that he and 3 attesting witnesses signed following the formalities of law, except that the Notary Public failed to come. Two days later the Notary Public notarized the will in his law office where all signatories to the will acknowledged that the testator signed the will in the presence of the witnesses and that the latter themselves signed the will in the presence of the testator and of one another. Was the will validly notarized?
 a. No, since it was not notarized on the occasion when the signatories affixed their signatures on the will.
 b. Yes, since the Notary Public has to be present only when the signatories acknowledge the acts required of them in relation to the will.
 c. No, since the Notary Public did not require the signatories to sign their respective attestations again.
 d. Yes, but the defect in the mere notarization of the will is not fatal to its execution.


Property - Civil Code - Quiz Questionnaire 1

Hello!!! I hope I'm still at the right time to post this sample questionnaire to help you with your studies. Don't forget to place your answers below the comment box to open up for discussions. This questionnaire is open for corrections.

1. A floating structure was constructed by Jam. It can be moved from bank to bank of the river. However, said structure remained at fixed place on a river if it is not in used considering by its nature and object. The said structure is used in hauling light cargoes and pulled from bank to bank of a river where a rope is fastened and fixedly attached. What classification of property is the movable floating structure? Explain.

2. Michiko is one of the co-owners of a property. Tamara, without the knowledge of any of the co-owners entered the land co-owned by Michiko, Lala and Orson and stayed thereat. Michiko filed an action for ejectment which was objected to by Tamara relying on the ground that only one of the co-owners filed a complaint. Can Michiko file an action without the participation of the other co-owners? Expound. 

3. Gilly entered the land of Scion without the latter's consent who is also aware of his presence but did not object about it. Gilly's intention is to look for a treasure in which information he got from his friend Teddy. Because of said information, right away in just a matter of 5 minutes, he was able to find it. Is Gilly entitled to the reward as a finder? How much and explain?

4. JLaw built a house on the land of Miley. Despite her knowledge of the construction thereat the latter tolerated it. After the house was finished, Miley wanted to recover the land where the house was constructed. 

Query 1: Can Miley recover the land from JLaw? Explain.
Query 2: What are the rights of JLaw if she has? Explain.

5. Carly leased the tenement of Ceejay. The former is engaged in shoe making. Accordingly, she bought machinery which will tend directly to meet the needs of her business. The machinery was placed in a fixed manner. In fact, it was put in a concrete foundation. Based on the facts given, what is the classification of the machinery as a property? Elucidate.