1 sources of law and the judicial system Flashcards
California bureau of real estate
Part of the California Department of Consumer Affairs, is the primary state agency to administer California real estate law.
When was the California Bureau of real estate created?
1917
Administrative agency
A government agency that makes rules and regulations to carry out the law
Administrative procedure act
A procedural act that must be complied with before revocation, suspension, or denial of a real estate license.
Arbitration
Nonjudicial process of resolution of disputes either by agreement or mandated by law
Civil law
System of law codified by statutes
MOST California real estate law originally came from?
English common law
Reliance on previous decisions is BEST described as?
Stare decisis
Our system of statutes in California could BEST be described as
Civil law
The Equal Credit Opportunity Act is BEST described as?
Civil law
The power of eminent domain is based on which amendment to the U.S. Constitution?
5th amendment
Which constitutional amendment allows homeowners to place a For Sale sign on their home?
1st amendment
Laws governing ownership rights are set forth in?
Federal statutes
The regulation of real estate licensees is covered in the ?
Business and Professions code
No uniform code for?
Real property
The real estate commissioner conducts hearings in accordance with the ?
Administrative Procedure Act
Exemplary damages
Damages awarded by a court in excess of actual damages suffered by a plaintiff
Most real estate disputes are adjudicated in?
Superior courts
MOST lawsuits involving real estate matters can be described as ?
Civil Actions
Compensatory damages
Money awarded to an injured person for damages
Equitable remedies
- Reformation
- Rescission
- Specific Performance
Injunction
The remedy in which a person is ordered to cease and desist from an activity
Quiet title
Is a legal action to determine the ownership or rights in real property.
Liquidated damages
Damages agreed to, before a contractual breach, as the remedy in the event of a default.
Stare decisis
Principle that previous decisions should be used to determine present rights and obligations.
Specific performance
Requiring a person to perform as she agreed to perform.
Statutory law
- Law that is based on enacted statutes rather than precedent
- Civil law
Venue
The proper place for a lawsuit to be filed.
