DE Bar Specific Law 3

Question 1

In a Delaware appraisal proceeding under DGCL Section 262, dissenting stockholders are entitled to receive:

Accepted Answer

The fair value of their shares as determined by the Court of Chancery

Answer

Section 262 entitles perfected dissenters to a judicial determination of the fair value of their shares.

Question 2

Under Delaware's long-arm statute, a nonresident who commits a tortious act within Delaware is:

Accepted Answer

Subject to personal jurisdiction in Delaware courts for claims arising from that act

Answer

10 Del. C. Section 3104 confers specific jurisdiction over nonresidents who commit tortious acts in Delaware.

Question 3

Delaware applies which comparative negligence rule in tort cases?

Accepted Answer

Modified comparative negligence barring recovery if plaintiff's fault exceeds 50%

Answer

Under 10 Del. C. Section 8132, a plaintiff may recover only if their negligence is not greater than the defendants' combined negligence.

Question 4

Which body handles the residuary probate administration of decedents' estates in Delaware?

Accepted Answer

The Register of Wills, subject to Court of Chancery oversight

Answer

Each Delaware county's Register of Wills administers probate under the supervisory jurisdiction of the Court of Chancery.

Question 5

Under the DGCL, board action taken without a meeting requires:

Accepted Answer

Unanimous written consent of all directors

Answer

DGCL Section 141(f) permits board action without a meeting only by unanimous written or electronic consent.

(DE Bar) Delaware Bar Exam Practice Test