Puerto Rico Bar (Reválida)

The Código Civil de Puerto Rico 2020 (Law 55-2020) replaced which prior code, and on what date did it become effective?

• AThe 1902 Civil Code; effective January 1, 2020
• BThe 1930 Civil Code; effective November 28, 2020
• CThe 1976 Revised Civil Code; effective January 1, 2021
• DThe Spanish Civil Code of 1889; effective July 25, 2020

Under the Código Civil de Puerto Rico 2020, when does the legal personality of a natural person begin?

• AAt conception
• BAt birth, provided the child is born alive and viable
• CAt the moment the birth certificate is registered
• DAt the age of legal capacity (18 years)

In Puerto Rico, an obligation under the Código Civil is generally extinguished by all of the following EXCEPT:

• APayment or performance (pago o cumplimiento)
• BNovation (novación)
• CConfusion of rights (confusión)
• DUnilateral repudiation by the debtor without cause

Under Puerto Rico's civil-law tradition, the four essential requirements for a valid contract are:

• AOffer, acceptance, consideration, and writing
• BConsent of the contracting parties, certain object, lawful cause, and (in some cases) form
• CMutual assent, bargained-for exchange, legality, and capacity
• DPromise, reliance, performance, and notarization

Under the PR Civil Code 2020, marriage in Puerto Rico is defined as:

• AA civil institution restricted to one man and one woman
• BA civil institution between two persons, regardless of sex, who freely consent
• CA religious sacrament recognized by the state
• DA contract that may be entered into only by persons over age 21

Puerto Rico's default marital property regime under the Código Civil 2020 is:

• ASeparate property (each spouse owns what they acquire)
• BSociedad legal de gananciales (community property of acquisitions)
• CTenancy by the entirety
• DEqual division of all premarital and marital property

Under the PR Civil Code 2020, the doctrine of 'forced heirship' (legítima) provides that:

• AA testator may freely dispose of all property by will
• BA portion of the estate is reserved by law for certain heirs (forced heirs) and cannot be…
• COnly the surviving spouse is a forced heir
• DForced heirship was abolished by the 2020 code

Under the PR Civil Code 2020, the general statute of limitations for personal actions (acciones personales) for which no other period is specified is:

• A1 year
• B4 years
• C10 years
• D15 years

The civil-law concept of 'culpa in contrahendo' under PR contract law refers to:

• AStrict liability for any contract breach
• BPre-contractual liability for harm caused by bad-faith negotiation
• CJoint liability among multiple contracting parties
• DA defense to enforcement of an unconscionable contract

Under PR civil law, when a debtor fails to perform a divisible monetary obligation on the date due, the creditor's primary remedy is to demand:

• ASpecific performance plus moratory interest from the date of demand or judicial filing
• BPunitive damages
• CRescission of the contract automatically
• DTreble damages under PR consumer protection law

Under the PR Civil Code 2020, the concept of 'patria potestad' refers to:

• AThe state's authority over orphaned minors
• BThe set of rights and duties that parents exercise over their unemancipated minor children
• CThe exclusive right of the father over the children of a marriage
• DAdoption procedure under PR law

Under PR civil law, 'usucapión' (acquisitive prescription) of immovable property in good faith with just title requires possession for:

• A1 year
• B5 years
• C10 years
• D30 years

Under PR Civil Code 2020 Article governing extracontractual liability (responsabilidad civil extracontractual), a plaintiff must prove:

• AIntentional conduct, breach of statute, and economic damages
• BAn act or omission, fault or negligence (culpa), causation, and damages
• CStrict liability for any harm caused by the defendant
• DViolation of a fiduciary duty

Under the PR Civil Code 2020, who has the obligation to provide alimentos (support) among relatives?

• AOnly parents to minor children
• BOnly spouses to each other
• CSpouses, ascendants, descendants, and siblings, in that order
• DOnly ascendants to descendants

Under PR Civil Code 2020, a contract entered into by a minor without parental authorization is generally:

• AVoid ab initio
• BVoidable (anulable) at the option of the minor or legal representative
• CFully enforceable
• DVoidable only if the minor was under 14

Under PR Civil Code 2020, the term 'bienes inmuebles' refers to:

• AMovable property
• BReal property (land, buildings, and things permanently attached)
• CPersonal property held in trust
• DIntangible assets such as goodwill

Under the PR Civil Code 2020, divorce by mutual consent (divorcio por consentimiento mutuo) requires:

• AA minimum of 5 years of marriage
• BA judicial determination of fault
• CA joint petition filed by both spouses with a separation/liquidation agreement
• DMediation followed by a 1-year cooling-off period

Under PR Civil Code 2020, 'enriquecimiento injusto' (unjust enrichment) requires the plaintiff to prove:

• AOnly that the defendant received money
• BEnrichment of the defendant, correlative impoverishment of the plaintiff, a causal connec…
• CBreach of an express contract
• DFraud or misrepresentation

The Constitution of Puerto Rico became effective in:

• A1898, following the Spanish-American War
• B1917, with the Jones Act
• C1952, after approval by Congress and ratification by PR voters
• D1976, with the New Federal Relations Act

Under Article II of the PR Constitution (Bill of Rights), which protection is broader than its federal counterpart?

• ARight against self-incrimination
• BRight to privacy — Article II Section 8 expressly guarantees the right to be protected by…
• CRight to confront witnesses
• DRight to a speedy trial

The Puerto Rico Federal Relations Act (Pub. L. 81-600, 1950) and the 1952 PR Constitution together established Puerto Rico's status as:

• AA U.S. state
• BAn incorporated territory
• CA commonwealth (Estado Libre Asociado) with internal self-government, subject to U.S. sov…
• DAn independent nation in free association with the U.S.

Under the PR Constitution, the Legislative Assembly consists of:

• AA unicameral legislature of 51 members
• BA Senate and a House of Representatives (bicameral), with at-large and district seats
• COnly an elected Governor's Council
• DA 75-member House and no Senate

The Insular Cases (1901-1922) established that:

• AAll constitutional protections apply equally in U.S. territories
• BThe Constitution applies fully to incorporated territories but only fundamental rights ap…
• CTerritories are entitled to congressional representation
• DPuerto Rico is a sovereign state under international law

Under the PR Constitution, the Governor of Puerto Rico is elected:

• ABy the Legislative Assembly
• BBy direct popular vote for a 4-year term
• CBy the U.S. President with Senate confirmation
• DBy the PR Supreme Court Justices

Under the PR Constitution Article II Section 12, the death penalty in Puerto Rico is:

• APermitted for first-degree murder
• BPermitted for treason only
• CExpressly abolished by the PR Constitution
• DDetermined by referendum every 10 years

In Puerto Rico v. Sánchez Valle (2016), the U.S. Supreme Court held that:

• APuerto Rico is a sovereign state with full sovereignty
• BPuerto Rico is not a separate sovereign for double-jeopardy purposes; its ultimate prosec…
• CFederal prosecutions in PR violate due process
• DPuerto Rico citizens have voting rights in U.S. presidential elections

Article II Section 1 of the PR Constitution provides that 'the dignity of the human being is inviolable.' This clause has been interpreted to:

• AApply only to criminal defendants
• BProvide a broad foundation for human-rights protections beyond the federal Constitution's…
• CBe merely aspirational and unenforceable
• DLimit only state action by municipalities

Under PR Constitution Article II Section 7, every person has the right to life, liberty, and the enjoyment of property. This protection:

• AApplies only against PR government action
• BApplies against PR government and reaches private actors in certain contexts
• CIs identical to and bounded by the federal Due Process Clause
• DHas been formally repealed

Under the PR Constitution, judicial power is vested in:

• AA Supreme Court only
• BA Supreme Court and such other courts as established by law (currently a unified judiciar…
• CThree separate court systems for civil, criminal, and administrative matters
• DThe Governor's executive courts

Puerto Ricans residing in Puerto Rico:

• AMay vote for U.S. President
• BMay vote in U.S. presidential primaries and elect a non-voting Resident Commissioner to C…
• CHave full congressional representation
• DAre not U.S. citizens

Under the PR Constitution, what is the procedure to amend the Constitution?

• AGovernor's order alone
• BProposal by two-thirds of each chamber of the Legislative Assembly, then approval by majo…
• CApproval by the U.S. Congress only
• DDirect citizen initiative without legislative involvement

The U.S. Supreme Court in Financial Oversight Board v. Aurelius Investment (2020) held that:

• AThe PROMESA Financial Oversight and Management Board for Puerto Rico violates the Appoint…
• BFOMB members are 'territorial officers' whose appointment does not violate the Appointmen…
• CPuerto Rico is constitutionally entitled to bankruptcy protection
• DCongress lacks power to legislate financial restructuring for PR

The Código Penal de Puerto Rico (Law 146-2012) classifies homicidio negligente (negligent homicide) as a:

• AFelony of the first degree
• BLesser-included offense to murder, requiring proof of culpable negligence (not intent or…
• CCrime requiring proof of premeditation
• DStrict-liability offense with no mens rea requirement

Under the PR Penal Code, the four levels of mens rea (mental state) recognized are:

• ASpecific intent, general intent, malice, and negligence
• BIntención (intent), conocimiento (knowledge), temeridad (recklessness), and negligencia (…
• CPremeditation only
• DStrict liability

Under the PR Penal Code, the principle 'nullum crimen sine lege' means:

• ANo crime without an indictment
• BNo crime without a prior written law defining it (legality principle)
• CNo crime without a victim
• DNo crime without a confession

Under the PR Penal Code, the affirmative defense of legítima defensa (self-defense) requires:

• AOnly an honest belief in danger
• BUnlawful aggression, reasonable necessity of the defensive means, and lack of sufficient…
• CRetreat from any confrontation
• DUse of deadly force in every case

Under the PR Penal Code (Law 146-2012, as amended in 2020), asesinato en primer grado (first-degree murder) requires proof of:

• AAny killing
• BKilling with malice plus premeditation, deliberation, or commission during enumerated fel…
• CKilling of a police officer only
• DKilling accompanied by use of a firearm

Under the PR Penal Code, criminal attempt (tentativa) is punished:

• AIdentically to the completed offense
• BWith a sentence reduced by a fraction set by statute (typically half) compared to the com…
• COnly when the offense is a felony of the first degree
• DNot at all