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Law
Q:
In the context of real property, when an object of personal property becomes an object of real property by physical annexation (attachment), it is known as a(n) ______.
A. fixture
B. gift
C. fee simple
D. lien
E. accession
Q:
Sarah has given 24 acres of land to Kent County as long as the land is used as a park. In this case, Kent County has a
A. life estate.
B. fee simple defeasible.
C. fee simple absolute.
D. tenancy in common.
E. warranty deed.
Q:
Indirect taxes, like the progressive income tax, are authorized by the Bill of Rights.
Q:
Public nuisance claims may be brought only by a public official, not private individuals, unless the latter have suffered some special damage to their property as a result of the public nuisance.
Q:
In the determination of private nuisance, a court will declare a nuisance based solely upon the plaintiffs showing that the defendants use of his or her land produces an offensive result for the community.
Q:
According to the Congressional Budget Office, poorer taxpayers pay a higher percentage of their incomes in state and local sales taxes than do wealthier taxpayers.
Q:
Exclusive right is primarily an ethical or moral end in itself.
Q:
Zoning ordinances apply to types and locations of physical structures but not to aesthetic characteristics such as color and exterior design.
Q:
If the federal government claims part of your field for military equipment storage, it has exercised its eminent domain powers and owes just compensation.
Q:
Zoning limits the use to which land can be put.
Q:
The women in the house next to you party and keep you up most nights. In this scenario, they are creating a public nuisance.
Q:
A buyer in an ordinary course of business has priority over a perfected security interest.
Q:
A purchase money security interest is perfected by attachment alone.
Q:
Generally, mortgages and deeds of trust must be registered in a recording office in the county where the land is located.
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 remainder.
Q:
Foreclosure means that the court will order the land sold to satisfy the debt owed, usually by auction to the highest bidder, with any excess after payment of what is owed to the secured creditor going to the debtor.
Q:
In the context of attachment in secured transactions, collateral may include not only things currently owned by the debtor but collateral known as after-acquired property that the debtor acquires in the future.
Q:
In a number of states, courts have made merchants in mutual benefit bailments liable for any defect in a bailed object that causes personal injury.
Q:
House-sitting would be an example of a bailment because you are in temporary possession of someones house with the intention to return full possession to the owners upon their return.
Q:
Ken has to go to work and cannot find his car keys. After searching for 20 minutes, he finds them in the pocket of the jeans he wore the previous day. In this scenario, the keys would have been considered lost until he found them.
Q:
Mike repaired Rosies car, and Rosie refused to pay the bill. Mike was still in possession of the car and therefore could claim a mechanics lien on the car.
Q:
The right of redemption allows a mortgagor, before foreclosure, to get back land upon payment of the full amount of the debt.
Q:
In the making of a gift, a mutual exchange of resources occurs.
Q:
In a bailment for the sole benefit of the bailor, the bailee owes a very high duty of care.
Q:
Common carriers are responsible for acts of God or of public enemies.
Q:
Bailment arises when you store something in a warehouse or rent furniture from a rental store.
Q:
An easement by prescription ceases to exist when one person uses another persons land by crossing it wrongfully and using the land for a continuous period of 20 years.
Q:
If one of the joint tenants in a joint tenancy dies, the remaining tenant becomes the sole owner of the entire resource.
Q:
A fee simple absolute represents restricted, limited ownership of personal property.
Q:
The property interest is divided equally in both joint tenancy and tenancy in common.
Q:
State law generally specifies that a landlord and tenant must give each other written notice of 30 days or 60 days in order to terminate a lease that does not run for a definite duration.
Q:
Property helps generate prosperity by establishing the conditions necessary for capital formation.
Q:
In the property system, the state plans what people should do, and acquires and redistributes resources to them.
Q:
The physical dimensions of real property are generally easy to define.
Q:
Intangible personal property includes intellectual property.
Q:
What is a right of redemption?
Q:
What is the difference between a public and a private nuisance?
Q:
Explain the rule against perpetuities.
Q:
Explain the concept of zoning laws.
Q:
Property is the legal right to exclude others from resources that are originally possessed or are acquired without force, theft, or fraud.
Q:
Property is infinite, and its boundaries are free from any ambiguity.
Q:
Private property is a system of law under which the state recognizes and enforces an individuals rights to acquire, possess, use, and transfer scarce resources.
Q:
What is foreclosure?
Q:
Sidney Carton, owner of a fee simple land, makes the grant of his land to Lucie Manette for life, then at the death of Lucie Manette, to her children in equal share. At the time of the grant, Sidney Carton has no children or heirs of his own. What interests have been created by this land grant?
Q:
What property right is granted by a landlord to a tenant, and what are the three ways in which the duration of the grant is qualified?
Q:
Wallace buys a television from Dotty, but a week later, a clerk from Conduit City, an electronics store, contacts Wallace to inform him that the store will be repossessing his television. Wallace states that he bought the television free and clear from Dotty. The clerk explains that Conduit City has a purchase money security interest in the television, which permits them to repossess the TV. Who is right between Wallace and the clerk? Explain your answer.
Q:
What is attachment and perfection in secured transactions?
Q:
What are deeds of trust?
Q:
Kyle and Belinda have lived in their home for 25 years. For the duration of their time in that house, they have used a small cement walkway that passes through a large field to walk to the nearby beach. Gary owns the large field and had paved the cement walkway himself. Recently, Gary decided to build two condominiums on the field, with the walkway dividing them. After noticing Kyle and Belinda using the walkway, he yelled at them and told them that they can never use his walkway again. Gary promptly erected a large gate to prevent Kyle and Belinda from using the walkway. Because the condominiums are so large, there is no other way for Kyle and Belinda to get to the beach. What may allow Kyle and Belinda to continue using the walkway? Explain your answer.
Q:
Suzette leaves her purse at her favorite restaurant during lunch. Suzettes friend Mary, a waitress at the restaurant, sees the purse and takes it to the back office where she puts it with her own things, reminding herself to return it to Suzette when she gets off work. However, when Mary returns to the back office after her shift, she sees that many things have been stolen, including Suzettes purse. Is the restaurant liable to Suzette for the purse? Explain your answer.
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:
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:
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 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:
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:
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:
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:
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:
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