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Q:
Allison and Zena own property as joint tenants. Zena's creditors:
A. can levy upon interest on execution and take over Zena's interest as a tenant in common.
B. can levy upon Zena's interest on execution and take over Zena's interest as a joint tenant.
C. can levy both Allison's and Zena's interest on execution and take over their interest as a lien creditor.
D. can levy upon both Allison's and Zena's interest on execution and take over their interest as owner.
Q:
An easement that Charleen enjoys across his neighbor Hank's land:
A. is only effective during Charleen's lifetime.
B. is only effective during Hank's lifetime.
C. extends to future owners of Charleen's land.
D. cannot last more than seventy years.
Q:
Lydian owns a small island outright. She is said to have a(n):
A. estate in fee simple.
B. leasehold estate.
C. life estate.
D. reversion estate.
Q:
The landlord will be held responsible for any injury caused to others due a defect in areas such as hallways and stairways.
Q:
States, in some cases, allow landlords to use force to evict tenants.
Q:
The built-in dishwasher in Fernando's apartment is a(n):
A. courtesy.
B. personal property.
C. trade fixture.
D. fixture.
Q:
In deciding if an item is a fixture, the courts look to:
A. attachment, adaptation and easement.
B. adaptation, easement and intent.
C. intent, tenement and attachment.
D. attachment, adaptation, and intent.
Q:
Edward Philips signs a deed allowing the utility company to suspend power lines over his land. This right of the utility company, to use Edward's land for suspending power lines, created by the deed is called a(n):
A. dominant tenement.
B. easement.
C. tenement.
D. servient tenement.
Q:
In creating an old age home exclusively meant for people above the age of 62 Jodie would run foul of age discrimination prohibitions.
Q:
Unsafe electrical wiring in a building would amount to a breach of warranty of habitability.
Q:
The right to exclusive possession by the tenant makes the landlord a trespasser should there be any unauthorized entry by the landlord into the rented premises.
Q:
The tenant is not justified in abandoning the premises without paying rent when a wrongful eviction occurs.
Q:
The tenant must turn over to the landlord all trade fixtures that have been made a permanent part of the real property by the tenant during the leasehold.
Q:
A bargain-and-sale deed is one that transfers title to property containing all warranties.
Q:
An assignment of a lease occurs when the interest in the leased premises is transferred by the lessee to another person for a part of the term but not for the remainder of it.
Q:
An assignment or sublease will be held valid if the landlord accepts rent over a period of time from either an assignee or a subtenant.
Q:
State and local laws have the right to restrict or expand the respective rights and duties of the landlord and the tenant as set forth in the lease.
Q:
An "estate in fee simple" allows the land to be owned temporarily for which a fee is charged.
Q:
When two or more persons own real property as tenants in common, each person owns an undivided share of the whole property.
Q:
Under a special warranty deed, no warranties are made as to the defects that arose before the grantor owned the property.
Q:
Real property is defined as the ownership rights that go along with the land and everything permanently attached to it.
Q:
Melinda digs a hole next to Susan's building and Susan's building foundation cracks. Melinda is liable for damages.
Q:
Tom owns land on one side and Tammy owns land on the other side of a navigable stream. Both own to the middle of the stream.
Q:
A barber's chair bolted to the floor of a rented building becomes real property.
Q:
Sike has the right to cross Paco's land to get to the highway. Paco is the dominant tenement, as Sike could not get to the highway without using Paco's land.
Q:
A "profit prendre" may be created by deed, will, or adverse use.
Q:
When Tammy purchased a television from her neighbor Andy, she paid a fair market price. Andy moved shortly thereafter to an unknown location and Tammy was shocked to learn that her television was a stolen article. It had actually belonged to Olive. Tammy believes that she will not have to surrender the television or at least Olive should share the financial loss by paying her half of what she paid Andy since Tammy asserts that she is an innocent victim. Carefully discuss Tammy's beliefs.
Q:
Viva ships livestock via Cattle Truck Co. to an out of state feed lot. The cattle are held at the state line for a week while the state's agricultural department determines that the livestock is not diseased. Can Viva require Cattle Truck to pay for the extra expense and lost profits if Cattle did not inform Viva of this possible delay when it accepted the shipment?
Q:
Jason Jets, Inc., asked Southern Transport, a common carrier, to carry extremely hazardous jet fuels to one of its bases in another state. Was Southern within its rights when it refused to transport the fuel? Why or why not?
Q:
Alexander Warehouse Co. stores boxes of china for Crystal Import Co. but stacks the boxes too high so that lower boxes collapse and break the china contents. Alexander asserts that this is Crystal's responsibility for not having stronger boxes and Crystal asserts that Alexander improperly stacked the boxes. Discuss what party is responsible for the damage.
Q:
Quinlan picked up the goods that he had stored in Dana's warehouse, promising to pay Dana the following week. Several months passed, and Quinlan still had not paid Dana for storing the goods. Dana claimed that she had a warehouser's lien on the goods that were stored in her warehouse. Was Dana correct? Why or why not?
Q:
While visiting her uncle, Jackson remarked that she admired her uncle's collection of rare books. Her uncle then said to her, "I've been meaning to tell you that I want you to have them. Instead of leaving them to you in my will, I'm going to give them to you right now. You can consider the books yours. However, please keep them here on my shelves so that my library looks full." Would a court hold that Jackson owns the books? Explain.
Q:
Crystal is 86 years old and enters the hospital for observation after having fainted. Crystal is depressed and while in the hospital gives her antique wedding ring to Autumn, a good friend, saying to Autumn, "I won't be long in this world." After a change in medication, Crystal improves and returns home living another three years before dying in a bus wreck while going on a fall foliage tour. Her will leaves her antique wedding ring to her granddaughter Sarah. Discuss who is entitled to ownership of the ring with Autumn in possession of the ring.
Q:
Polonius registered for five nights at Cloud Hotel at $200 per night. Cloud requested Polonius' credit card number when he registered. When Polonius went to a restaurant, his credit card was denied since it was at the authorized credit limit. How was Polonius' credit card limit reached by registering at Cloud Hotel?
A. Cloud charged the card the full amount of his stay.
B. Cloud charged the card $1200 with the 20% overage allowed to cover possible damages.
C. Cloud blocked Polonius' credit card when he registered.
D. Cloud made use of the card for payments other than paying the hotel tariff.
Q:
Carlos, Maria, and Justus own land near a developing city as joint tenants. Maria would like to sell her part of the land to Big Sky Development Co. but Carlos and Justus do not want to sell. Carefully discuss if Maria can sell her interest in the land.
Q:
Anna finds a ring on the sink ledge of a restroom for use by customers of Red Barn Restaurant. Discuss who has legal custody of the ring.
Q:
Matthew opens a checking account with Big Bank in the state of Blue. His National Guard unit is activated for military duty and Matthew is sent abroad. He makes no deposits to or withdraws from the account for fifteen months and gets married and moves to the state of Red when released from active service. May Big Bank or Blue lawfully assert a claim to Matthew's checking account?
Q:
Jim borrowed Sally's car to get to class when his car did not start. After attending the class he uses the car to visit his grandmother. While on his way he enters an intersection when the light is just turning from yellow to red and meets with an accident. What is the Jim's legal position?
A. Reasonable care.
B. Liable for gross negligence.
C. Liable for slight negligence.
D. Jim has no liability.
Q:
Elaine asked Meredith if she could borrow Meredith's dress for an awards ceremony. Meredith gave Elaine the dress and asked for nothing in return for this favor. This transaction was a:
A. bailment for the sole benefit of the bailor.
B. mutuum.
C. mutual-benefit bailment.
D. bailment for the sole benefit of the bailee.
Q:
Cato rented a chain saw from Rental Warehouse to cut firewood for his home fireplace. When it was time for lunch Cato left the chain saw in the woods while he went home to eat. When he returned the saw had been stolen. What is the Cato's legal position?
A. Cato owes the duty to use reasonable care.
B. Cato is liable for gross negligence.
C. Cato is liable for slight negligence.
D. Cato has no liability.
Q:
Viola checked her coat at the Landmark Theatre cloakroom while attending a play. When she returned for her coat it could not be found. What must be proven concerning negligence?
A. Viola must prove that Landmark was negligent.
B. Landmark must prove that Viola was negligent.
C. Viola must prove that she was not negligent.
D. Landmark must prove that it was not negligent.
Q:
Vernon, parked his gasoline tanker truck at Moonbeam Hotel while seeking lodging for the night. Moonbeam employees went to the gasoline truck to assist in finding a satisfactory parking place, smelled gasoline, noticed a small drip from the truck, and refused to rent a room to Vernon. Is that action lawful?
A. No, because rooms were available in the hotel.
B. Yes, because the presence of the truck would frighten other guests.
C. No, because the innkeeper cannot discriminate on the basis of social status.
D. Yes, because there is a danger to other guests and the hotel.
Q:
Paulina rented a room at the Desert Inn Hotel and left her diamond ring on the dresser in her room when she went to dinner. When she returned the ring was gone. Paulina discovered that the room door did not automatically lock when she closed it but required her to use her key. Is Desert Inn liable for her loss?
A. Yes, since innkeepers are insurers of their guest's property.
B. No, since Paulina was negligent in determining that her room door was not locked.
C. Yes, since innkeepers are in a bailment relationship regarding guest's property.
D. No, since Paulina must inquire about Desert Inn's security system.
Q:
Rare art was stolen from the Zerba Art Museum during a war and thirty years later is located in the Alpha Art Museum in another country. Who has title to the art if Alpha did not know the art was stolen?
A. Alpha since it is innocent of wrong doing.
B. Zerba since the art was stolen.
C. Alpha since Zebra has relinquished title in the thirty years.
D. Zerba since it had not sent the art voluntarily.
Q:
Jenna hangs her fur coat on a rack in the unattended waiting room of Physicians Associated Office. When she prepares to leave, after seeing Dr. Wong, the fur coat is missing. What liability, if any, do Physicians Associated and Dr. Wong have for the missing coat?
A. None, since they had no control over the coat.
B. Physicians Associated is liable since the coat rack was in its waiting room.
C. Dr. Wong is personally liable as Jenna had come to meet him.
D. None, since the coat rack was rickety and is used by no one.
Q:
Agnes borrowed a cup of sugar from her next-door neighbor. She intended to return the sugar the next day. This transaction was a:
A. bailment for the sole benefit of the bailor.
B. mutuum.
C. mutual-benefit bailment.
D. bailment for the sole benefit of the bailee.
Q:
Tammy leaves her car under Emilia's carport while flying to visit her grandmother. Emilia uses the car to go to her office though she had not been given any permission to do so. One day she meets with an accident and the car is damaged. What is Emilia's legal position?
A. Emilia is liable for ordinary negligence.
B. Emilia is liable for gross negligence.
C. Emilia is liable for slight negligence.
D. Emilia has no liability.
Q:
Sue receives a $5,000 engagement ring from Tau but unfortunately Tau dies before the marriage can occur. Tau's parents, as his heir, want the engagement ring but Sue wants to keep it. Who is legally entitled to the ring in most states?
A. Tau's parent, since the ring was a conditional gift.
B. Sue, since Tau the donor is dead.
C. Tau's parents, since Tau did not state that Sue was to have the ring if he were to die.
D. Sue, since the engagement was not broken by mutual agreement or by Sue.
Q:
Vanessa has received gifts subject to the provisions of the Uniform Transfer to Minors Act. When Vanessa graduates from high school at age 17 and moves away from home she wants to terminate the custodianship. At what age does the custodianship terminate?
A. 17
B. 18
C. 21
D. The age is decided on case to case basis.
Q:
Patsy finds a watch on the floor of a cafeteria. The watch is likely to be:
A. lost.
B. abandoned.
C. stolen.
D. misplaced.
Q:
Jason has observed an old car parked in the alley behind his apartment for three months. It has no license plates on it and the tires are flat. Jason concludes that the car has been abandoned and takes possession of the car, gets it running, and decides to use it in a demolition derby. At this point Alex claims that the car is his. What must Jason prove to obtain title of the car?
A. Alex deserted the car.
B. Alex did not intend to return for the car.
C. Alex deserted the car and did not intend to return for the car.
D. Alex had promised the car to Jason as a gift.
Q:
If an abandoned shipwreck is found outside the boundaries of a state, what law applies?
A. The Abandoned Shipwreck Act
B. The law of finds
C. The law of salvage
D. Either the law of finds or the law of salvage
Q:
The reward given to persons who voluntarily assist a sinking ship is known as:
A. gift in causa mortis.
B. chose in action.
C. salvage.
D. severalty.
Q:
Lending one's car to a friend is an example of a mutual benefit bailment.
Q:
A consignment contract is a type of mutual benefit bailment in which the consignor entrusts goods to the consignee for the purpose of selling them.
Q:
A transient is a guest whose length of stay is fixed.
Q:
Which of the following is tangible personal property?
A. Promissory note
B. Bank notes
C. Stock Certificates
D. Accounts receivables
Q:
Mashevida and Mei-Ling own a house as tenants in common. When Mei-Ling dies her share of the house passes to:
A. Mashevida.
B. whomever the probate court designates.
C. her heirs.
D. the state in which the house is located.
Q:
Phil finds the keys of a car on a table in a restaurant. The keys are likely to be:
A. lost.
B. abandoned.
C. stolen.
D. misplaced.
Q:
A bailment is the transfer of possession and control of personal property to another with the intent that the same property will be returned later.
Q:
The person who transfers the property is the bailee.
Q:
In a bailment, neither the bailor nor the bailee intends that title to the property should pass.
Q:
Bailment occurs when someone parks a car in an unattended parking area.
Q:
Gratuitous bailments occur when property is transferred to another person without either party giving or asking for payment of any kind.
Q:
Any ordinary and expected expense incurred in the use of another's property must be borne by the bailee.
Q:
Those in possession of stolen property can convey good title to others by giving them that property as a gift.
Q:
If a child's income from interest and dividends is less than $1,500, it cannot be taxed.
Q:
Manuel is seriously ill and gives Juanita his diamond ring to remember him by. When Manuel recovers he cannot obtain the return of the ring from Juanita.
Q:
When personal property is owned solely by one person, it is said to be owned in severalty.
Q:
Cindy and Isa own property as joint tenants. If Cindy dies, Isa acquires ownership of Cindy's interest in the property.
Q:
Gaston finds a book in the middle of the street. Gaston must leave the book at the nearest gas station so the true owner may return and recover the book.
FALSE
The finder of lost property has a legal responsibility, usually fixed by statute, to make an effort to learn the identity of the owner and return the property to that person. Advertising the property in a general circulation newspaper is usually evidence of the finder's honest effort to locate the owner, although today some sort of Internet posting might be just as effective.
Q:
Escheat is a type of fraud.
Q:
A gift inter vivos can never be taken back by the donor.
Q:
The gift of an engagement ring is a conditional gift given in contemplation of marriage.
Q:
Small Co. is afraid that it will become the subject of a takeover bid and lose its independent existence. Can Small Co. take the help of a friendly suitor to offset any takeover bid? How?
Q:
Herrera already owns 20% of the stock of the Higgins Corp. and plans to use his own cash to purchase another 30% of Higgins. Herrera's intent is to acquire enough Higgins stock to mount a takeover. According to law, Herrera is required to file a statement with the SEC. What information must Herrera include in the statement?
Q:
The Pillsbo Corporation failed to file annual reports for three years. The secretary of state in the state where Pillsbo incorporated told Pillsbo's chief executive officer that she was going to ask the state attorney general to bring a quo warranto action against Pillsbo for failing to file the annual reports. Can she legally do so for this reason? Why or why not?
Q:
Tangible personal property is property that has substance and can be touched.
Q:
A chattel is an intangible personal property, such as a stock certificate.
Q:
Big Co. would like a patent owned by Small Co. that Big believes could be used to make a profitable product. Small has other assets and owes a variety of debts. Discuss the advantages to Big if it only purchases the patent rather than Small Co. in its entirety.