Specific Law Flashcards
7 cards from real DE BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Specific Law flashcards as text
Under Delaware law, the statute of limitations for breach of a contract not under seal is generally:
Answer: Three years
10 Del. C. Section 8106 sets a three-year limitations period for most contract claims, though contracts under seal get twenty years.
Under Unocal, a Delaware board adopting defensive measures against a takeover must show the response was:
Answer: Reasonable in relation to the threat posed and not preclusive or coercive
Unocal's enhanced scrutiny requires a reasonably perceived threat and a proportionate, non-preclusive defensive response.
In Delaware, common law marriages contracted within the state are:
Answer: Not recognized, though valid common law marriages from other states are honored
Delaware does not permit common law marriage to be formed in-state but recognizes such marriages validly created elsewhere.
Which Delaware court handles divorce, custody, and juvenile delinquency matters?
Answer: The Family Court
Delaware's Family Court has statewide jurisdiction over domestic relations and juvenile matters.
Under DGCL Section 145, a Delaware corporation MUST indemnify a director or officer when the person:
Answer: Has been successful on the merits or otherwise in defense of the proceeding
Indemnification is mandatory under Section 145(c) only when the director or officer is successful on the merits or otherwise; other indemnification is permissive.
A Delaware statutory trust formed under 12 Del. C. Chapter 38 is notable because it:
Answer: Is a separate legal entity whose governing instrument can broadly modify fiduciary duties
The Delaware Statutory Trust Act creates a distinct legal entity with contractual freedom to expand or restrict fiduciary duties, subject to the implied covenant.
In Delaware criminal procedure, a defendant charged with a felony has the right to be prosecuted by:
Answer: Indictment by a grand jury, unless waived
The Delaware Constitution requires felony prosecutions to proceed by grand jury indictment unless the defendant waives that right.