Ch10. Final Comprehensive Review — All Subjects at a Glance

Exam Subject Overview

Written / Multiple-Choice Subjects:
Constitutional Law (federal & state basics)
Contract Law
Tort Law
Business Entities
Civil Procedure

Practical / Document-Drafting Subjects:
Real Property Recording Law
Contract Documents
Business Formation Documents
Probate & Estate Documents
Civil Pleadings
Escrow & Closing Documents

Passing Standard:
Each subject: 40 % or above; overall average: 60 % or above

Key Deadlines Comparison Chart

┌──────────────────────────┬──────────────────────────────────────┐
│ Item                     │ Deadline                             │
├──────────────────────────┼──────────────────────────────────────┤
│ Federal appeal           │ 30 days from final judgment          │
│ Disclaimer of inheritance│ 9 months from date of death          │
│ Tort SOL (general)       │ 2–3 years from discovery             │
│ Entity amendment filing  │ 30–90 days from change (varies)      │
│ Admin. claim objection   │ 90 days from notice / 180 days max   │
└──────────────────────────┴──────────────────────────────────────┘

Critical Numbers at a Glance

Intestate succession: spouse + issue 1st; parents 2nd; siblings 3rd
Elective share: surviving spouse — typically 1/3 to 1/2 of estate
Enforcement tools: writ / garnishment / recorded lien / levy (4 tools)
Attachment = monetary claim; injunction = non-monetary claim
Recording = constructive notice, not title guarantee
Entity existence = Secretary of State approves filing
Corporate supermajority = 2/3 of votes cast (default)

Top-10 Error Points

① Rescission = retroactive; termination = prospective
② Disclaimer = 9 months; written and filed with probate court
③ Elective share = spouse only; children have no forced share
④ Tort SOL = discovery rule (~2–3 yrs); different from contract SOL (~4–6 yrs)
⑤ Recording = notice (race / notice / race-notice jurisdiction rules vary)
⑥ Recorder = form review only; no title warranty
⑦ Lis pendens = priority notice; relates back to filing date on final judgment
⑧ Enforcement = writ / garnishment / lien / levy
⑨ Claim preclusion = applies to final judgment (claim), not court's reasoning
⑩ Entity existence = filing approved by Secretary of State

Document Preparer Scope = Recording + Filings + Non-Adversarial ★★★★★ : Cannot represent clients in court or give legal advice; core work is recording, entity filings, and document preparation. Memory hook: preparer = record / file / draft

Inheritance Order = Spouse+Issue → Parents → Siblings → Extended ★★★★★ : 1st / 2nd / 3rd / 4th priority order. Memory hook: spouse-issue, parents, siblings, extended

Lis Pendens = Priority Protection ★★★★★ : Notice of pending litigation; relates back on final judgment, protecting plaintiff’s priority. Memory hook: lis pendens = notice → priority

Final Comprehensive Quiz

Q. What is the role of a paralegal / document preparer in a real estate foreclosure?

Prepare and file the notice of default (or lis pendens). Draft and record the trustee’s deed after the foreclosure sale. Prepare the assignment of bid and any closing documents. Prepare and file any required distribution or accounting filings. Attorneys handle contested matters, but recording, drafting, and filing are document preparer core competencies. Fee structure is competitive compared to full attorney representation.

Q. How do recording law and contract law intersect on the exam?

Title transfer: a valid contract creates the obligation; the deed (recording) makes it effective against third parties. Lis pendens: a contract dispute triggers recording rights. Inheritance: contract law governs the estate’s liabilities; recording law governs how title passes to heirs. Security interests: contract law creates the mortgage; recording perfects it against later purchasers and lenders. Mastering both subjects in tandem deepens understanding of the entire closing and title process.