FREE DE Bar Specific Law Questions and Answers

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Who is typically responsible for the administration of an estate in Delaware if the decedent did not leave a will?

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If a decedent in Delaware did not leave a will, the court appoints an administrator to manage the estate. The administrator is usually a close relative or another interested party who is responsible for ensuring that the estate is distributed according to Delaware intestacy laws.

What is a key characteristic of a Delaware Limited Liability Company (LLC) that distinguishes it from a corporation?

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One key characteristic of Delaware LLCs is their flexible management structure, which does not require a board of directors. LLCs can be managed by their members or by appointed managers, providing greater flexibility compared to traditional corporate structures.

In Delaware, which of the following is an essential element of theft?

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The essential element of theft under Delaware law is the unlawful taking of property with the intent to permanently deprive the owner of that property. This intent is crucial for establishing theft, distinguishing it from other forms of taking or borrowing.

Under Delaware civil procedure, what standard must be met for a court to grant summary judgment?

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In Delaware civil procedure, for a court to grant summary judgment, the moving party must show that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law. This standard ensures that cases with factual disputes are not resolved without a trial.

What is a no-fault ground for divorce in Delaware?

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In Delaware, a no-fault ground for divorce is that the parties have been living separately and apart for at least six months. This ground does not require proving fault or wrongdoing by either party and reflects the irretrievable breakdown of the marriage.