Q&A Hero

Q: Explain the forms of concurrent ownership through joint tenancy and tenancy in common.

Q: What is adverse possession?

Q: How can resources be acquired through confusion?

Q: Name two items on an average university campus that would be classified as personal property and two items that would be classified as fixtures.

Q: You have driven to a local shopping mall in a friends car. Explain and give examples of how you might park the car in terms of the three different standards of care depending upon the type of bailment relationship you have entered into with your friend.

Q: Mortimers father, Loomis, has lost his home to foreclosure. Mortimer wants to make sure that his father has some land of his own for his remaining years. Mortimer owns Sunnylake, a plot of land that is located nearby. Mortimer knows his father would be happy living on Sunnylake, but he also hopes to develop the land for his own retirement home, when the time comes. Explain what Mortimer should do and why.

Q: How would one determine whether found property is lost or mislaid? What are the rights of the finder of lost or mislaid property?

Q: Olena, a wanderer, finds an abandoned ranch in Wyoming and decides to settle there. The record owner finds out 23 years later that Olena has occupied the abandoned ranch. What is Olenas best legal argument that the land is hers?

Q: What is meant by a life estate in land, and why might one give someone else a life estate rather than a fee simple ownership?

Q: What are the three types of deeds and explain how they differ.

Q: What are the different types of easement?

Q: The ______ limits all exercise of property over resources to a duration of lives in being plus twenty-one years. A. rule of transaction B. rule against perpetuities C. rule of first possession D. rule against lateral transfers E. rule against eventualities

Q: Define and differentiate between private property, public property, and common property.

Q: Explain the rule of first possession.

Q: What type of laws divides counties or municipalities into use districts designated residential, commercial, or industrial? A. purchase money security interest B. zoning ordinance C. adverse possession D. eminent domain E. partitioning

Q: Landon, an 80-year-old, writes a trust that states that his property is to go to his great-great-great grandchild upon his death. At the time of creating the trust, his only child is one year old. In this scenario, which of the following statements is true about the validity of the trust? A. The trust is valid, but the property must wait until the great-great-great grandchild is born to be transferred. B. The trust is invalid due to the rule against eventualities. C. The trust is valid due to the rule of progression. D. The trust is invalid due to the rule against perpetuities. E. The trust is valid, but the property must wait until Landons child dies to be transferred.

Q: Danny has five pit bull dogs. They bark constantly and terrify the neighbor, Terry. When Terry tries to sell his house, no one wants to buy the house due to the dogs. In this scenario, if Terry takes Danny to court, what should Danny be held liable for by Terry? A. a public nuisance B. a private nuisance C. an adverse possession D. an eminent domain E. an accession

Q: Stephen, a private individual, intends to bring a public nuisance claim against a textiles plant because its runoff is destroying the natural habitat of the local rivers beaver population. Which of the following will permit Stephen to bring a valid claim? A. Stephen is the leading aquatic biodiversity scientist in the state. B. Stephen traps the beavers for a living. C. The state owns the textile plant. D. The runoff has caused substantial damage to Stephens property. E. The governor owns the textiles plant.

Q: Which of the following is beyond the scope of zoning ordinances? A. to separate commercial districts from residential districts B. to specify the number of buildings that can be built on land C. to enforce ethnic or gender diversity D. to impose specific color requirements E. to specify a specific design for all buildings in an area

Q: If your home is being foreclosed on, you may retain ownership of the property if you pay the full amount of the debt before the sale. This is called a A. right of revision. B. right of recovery. C. right to cure deficiency. D. right of redemption. E. right to debt forgiveness.

Q: Under the deed of trust, a third party who holds the full ownership to a land is called a ______. A. bailor B. bailee C. trustee D. debtor E. mortgagee

Q: ______ is the term used for the exercise of the secured property interest, which usually means that the creditor must go through the court system to ensure that procedures are properly followed before debtors lose their homes and land. A. Lien B. Easement C. Redemption D. Deficiency E. Foreclosure

Q: The legal foundation for federal taxation is found in ______. A. yearly power grants from each of the individual states B. the Declaration of Independence C. Article 1, Section 8 of the United States Constitution D. the Congressional Budget and Impoundment Control Act, which created the Congressional Budget Office E. the Transportation Equity Act

Q: Which of the following statements is true of an easement? A. A negative easement is otherwise known as easement by necessity in many states. B. An easement can also be reserved in a deed. C. An easement usually excludes any such uses of land as the laying of water pipes or the stringing of power wires across land. D. A titleholder can prevent a person from continuing to use the land in instances where an easement by prescription arises. E. An easement works exclusively without the rights of passage across the land.

Q: A secured transaction involves a creditor who has sold something on credit or made a loan to a debtor who agrees to give the creditor a security interest in a valuable object, called ______. A. collateral B. gift C. lien D. easement E. reversion

Q: The general way of perfecting a security interest under Article 9 is to file a(n) A. artisans lien. B. financing statement. C. deed of trust. D. warranty deed. E. creditors instrument.

Q: Rachel owns a beach house and wants to build a deck. Zoning restrictions limit decks to 120 square feet, but Rachel wants to build one that is 144 square feet. Which of the following should Rachel do next? A. She can go ahead and build it as the law permits that once the deck is built it cannot be brought down. B. She should ask for a nonconforming exemption. C. She should ask for a variance. D. She must shift to some other location, because once zoning ordinances are in place, they allow for no changes, variations, or exceptions. E. She should lobby her local zoning board to force them to change the restriction as that is the only plausible recourse.

Q: In many states, if foreclosure and auction does not produce enough money to satisfy the debt owed by the mortgagor, the creditor-mortgagee can still sue the debtor for the balance owed, called a(n) ______. A. collateral B. deficiency C. attachment D. perfection E. accession

Q: A(n) ______ arises when someone contributes materials and/or services to real estate, usually a building, and is not paid. A. general lien B. chattel lien C. surety lien D. mechanics lien E. assayers lien

Q: Ivanas car was stolen. The car needed some repairs and the thief, Donald, had the rearview mirror replaced as well as the muffler. Donald was apprehended and the car was returned to Ivana. In this scenario, which of the following is true? A. Ivana owns the car but Donald owns the rearview mirror and muffler. B. Ivana owns the car but must pay Donald for the rearview mirror and muffler. C. Donald becomes the owner of the car due to accession. D. Ivana owns the car and owes Donald nothing. E. Donald and Ivana both own the car as both have contributed equally to the finished product.

Q: When the owner of an old airplane engine has it restored and has an airplane built around it, the owner of the engine now owns the entire airplane through the doctrine of ______, which refers to something added. A. accession B. collateral C. eminent domain D. negative easement E. easement by prescription

Q: Which of the following is an example of a bailment? A. babysitting your sisters child for the weekend B. house-sitting for a friend over the weekend C. feeding a neighbors dog by tossing food over the fence D. borrowing a friends car for a day E. losing your car keys in a restaurant

Q: Ben lives in an apartment building next to a childrens park. He is in his apartment when a baseball flies in through the window and lands in his room. Which of the following statements is true of this scenario? A. Ben must return the baseball to the owner immediately as it is not an object of great value. B. Ben can keep the baseball because of the rule of first possession. C. The owner of the apartment building must take the final decision as the baseball landed on his premises. D. The owner of the baseball can exercise his right of eminent domain and claim the baseball. E. The baseball must be turned over to police and can only be claimed after a week has passed.

Q: Which of the following types of easement is also called easement by necessity? A. negative easement B. easement by prescription C. easement by reservation D. natural easement E. functional easement

Q: List some of the cases that have applied the equal protection clause.

Q: Which of the following statements is true about lost items? A. The law distinguishes things that have been lost from things that have simply been mislaid. B. The things that have been lost belong to the person who owns the premises where the item was lost. C. The finder of a lost item becomes the owner of the item even before reducing it to possession. D. The ownership is lost at the end of a statutory period for the finder of a lost item. E. The assumption of knowledge about the original owner is irrelevant in determining the ownership of the mislaid item.

Q: Josh borrows Amandas car to get to school. Josh is obligated to exercise ______. A. the level of care imposed by Amanda B. a reasonable duty of care C. a slight duty of care D. the level of care imposed by Amandas parents E. a very high duty of care

Q: Which of the following is a mutual benefit bailment? A. renting a car B. lending your car to a friend without receiving consideration C. borrowing a car from a friend without paying consideration D. buying a car E. riding a bus

Q: A(n) ______ means that an adjoining landowner cannot do anything that would cause your land to cave in or collapse, such as digging a ditch that would cause the land on your side to collapse. A. easement by prescription B. negative easement C. mutual benefit bailment D. eminent domain E. accession

Q: In 2008, Donald gives Tony a life estate in one of his houses, specifying that upon the end of the life estate, the property is to go to Tonys son, Mike. Tony dies in 2012. In this scenario, which of the following statements is true? A. If Donald is still alive, he may revoke the transfer to Mike and keep the property. B. Mike gets a reversion interest in 2012. C. Mike gets a remainder interest in 2012. D. In 2012, Mike and Donald become joint tenants until Donalds death when Mike becomes the sole owner. E. The property is held in trust until Mike comes of age.

Q: Briefly explain the strict scrutiny approach.

Q: Which approach is used by courts in deciding cases using the equal protection clause involving classifications directed at fundamental rights?

Q: Briefly explain the quasi-strict scrutiny approach.

Q: Briefly explain why gender has not been moved to the strict scrutiny analysis.

Q: List the approaches applied by courts while using the equal protection clause.

Q: Briefly explain the minimum rationality approach.

Q: State the concept of the incorporation doctrine.

Q: Briefly explain the equal protection clause.

Q: Briefly explain the takings clause of the Fifth Amendment to the U.S. Constitution.

Q: What is meant by eminent domain?

Q: How are taking, public use, and just compensation determined in the context of the takings clause?

Q: Briefly explain the due process clause.

Q: Briefly explain procedural due process cases.

Q: Briefly explain the overbreadth doctrine.

Q: Briefly explain the features of commercial speech.

Q: Briefly explain the aspects of the freedom of the press.

Q: What is libel?

Q: Briefly explain the aspects of the right to possess guns as per the Second Amendment of the U.S. Constitution.

Q: What is the primary purpose of the Fourteenth Amendment? List the three important clauses of the Fourteenth Amendment.

Q: Briefly describe the two clauses included in the concept of freedom of religion.

Q: Briefly explain the features of freedom of speech.

Q: When is a state law that limits picketing considered constitutional?

Q: What are the four important aspects of amendments and basic protections?

Q: List the basic concepts of the United States Constitution.

Q: What is federalism?

Q: Briefly explain the supremacy clause.

Q: Briefly explain the concept of preemption.

Q: Briefly explain the aspects of the contract clause.

Q: The meaning and application of the equal protection clause have been central issues in cases involving ______. A. the right to possess guns B. freedom of the press C. the freedom of expression D. the prohibition of following any establishment of religion E. voting requirements

Q: If the ______ test is used, the classifications are usually found to be unconstitutional under the equal protection clause. A. strict scrutiny B. quasi-strict scrutiny C. traditional D. rational-basis E. minimum rationality

Q: Minimum rationality tests are applied to cases involving ______. A. race B. national origin C. legitimacy D. marriage E. gender

Q: Strict scrutiny tests are applied to cases involving classifications based on ______. A. height B. legitimacy C. marriage D. age E. gender

Q: Which of the following classifications is subject to a rational-basis test? A. legitimacy B. gender C. race D. national origin E. age

Q: Which of the following statements is true of the strict scrutiny approach? A. It is used if the classification is partially suspect. B. It falls between the minimum and quasi-strict scrutiny approaches. C. Classifications need to be permissible to achieve a state interest. D. Classifications that are subject to this approach are presumed to be constitutional. E. It is applied to cases involving classifications directed at fundamental rights.

Q: The strict scrutiny approach is applied to cases involving rights such as the A. right to possess guns. B. right to travel. C. right to follow any religion. D. right to freedom of the press. E. right to free speech.

Q: Which of the following statements is true of the quasi-strict scrutiny tests? A. When applying the quasi-strict scrutiny tests, the judiciary thoroughly scrutinizes laws directed at them. B. The quasi-strict scrutiny tests are used if a classification has a reasonable basis and is not wholly arbitrary. C. The quasi-strict scrutiny tests are used for cases involving fundamental constitutional rights. D. The quasi-strict scrutiny tests are used for cases that fall between the minimum rationality and strict scrutiny approaches. E. The quasi-strict scrutiny tests are used if a classification is perfectly suspect.

Q: Quasi-strict scrutiny tests are used in cases involving classifications based on ______. A. gender B. age C. race D. national origin E. legitimacy

Q: A military institute in a particular state launched a separate program for women. However, the senior members of the program held that women would not be provided with the same type of rigorous military training, facilities, courses, faculty, financial opportunities, and alumni connections that were provided to male cadets. The women cadets of the program filed a suit in order to get justice. Which of the following approaches is most likely to be adopted in this case? A. minimum rationality approach B. strict scrutiny approach C. quasi-strict scrutiny approach D. indeterminate scrutiny approach E. rational basis approach

Q: Which of the following classifications is most likely to be presumed valid under the minimum rationality approach? A. voting rights B. race C. weight D. legitimacy E. gender

Q: Which of the following statements is true of the minimum rationality approach? A. A permissible state end is one that is prohibited by at least one provision of the Constitution. B. Under this approach, a permissible state end is one that qualifies as an ethical, not necessarily reasonable, goal of government. C. A permissible state end is not prohibited by another provision of the Constitution. D. A permissible state end does not qualify as a legitimate goal of government. E. Under this approach, a law creating different classifications will survive if it has no connection to a permissible state end.