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Question 1
Harvey owns 20 acres of real property in the state of Blackacre. Susan has obtained a judgment against Harvey in the amount of $100,000. Harvey's real property has a fair market value of $1 million. A real estate appraiser has equally valued each acre of Harvey's property at $50,000 each. Through execution, Susan instructs the local Sheriff to levy upon Harvey's property. What portion of Harvey's property should the Sheriff direct to be sold a public sale?
Correct
Incorrect!
Correct
Incorrect!
Correct Real property is subject to execution. Where possible, property should be divided and only the portion that will satisfy the judgment should be sold. Therefore, under the hypothetical, only the two acres should be sold, and (c) is the correct answer.
Incorrect! Real property is subject to execution. Where possible, property should be divided and only the portion that will satisfy the judgment should be sold. Therefore, under the hypothetical, only the two acres should be sold, and (c) is the correct answer.
Correct
Incorrect!
Question 2
Philip has obtained a judgment against Matt in federal court in the amount of $75,000. Philip seeks to enforce the judgment through an income execution. Matt is a first year law associate and earns, after taxes, $52,000 per year in disposable earnings. Assume for the purpose of this question that the federal minimum wage is $5 per hour. How much may Philip receive through his income execution?
Correct Federal law provides for an maximum garnishment of either 25% of the garnishee's income or the income that the garnishee earns over and above 30 times the minimum hourly wage, whichever is less. Here, Matt earns $1,000 per week and the minimum wage times 30 is $150. So, his income over and above the minimum wage times 30 is $850. Since 25% of the income is $250, and that is less than then $850, it will be the $250 that is the maximum garnishment.
Incorrect! Federal law provides for an maximum garnishment of either 25% of the garnishee's income or the income that the garnishee earns over and above 30 times the minimum hourly wage, whichever is less. Here, Matt earns $1,000 per week and the minimum wage times 30 is $150. So, his income over and above the minimum wage times 30 is $850. Since 25% of the income is $250, and that is less than then $850, it will be the $250 that is the maximum garnishment.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Andrew seeks to enforce a money judgment against Brian. Brian owns real property on which a house is built. Brian lives in the house. Through execution, Andrew instructs the local Sheriff to levy upon Brian's house and sell it through public sale so that Andrew may receive the proceeds to satisfy Brian's debt. Is this execution proper?
Correct One's home is exempt from execution to satisfy a money judgment against oneself. Therefore, (a) is the correct answer.
Incorrect! One's home is exempt from execution to satisfy a money judgment against oneself. Therefore, (a) is the correct answer.