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Real Estate Law > 1 sources of law and the judicial system > Flashcards

1 sources of law and the judicial system Flashcards

1
Q

California bureau of real estate

A

Part of the California Department of Consumer Affairs, is the primary state agency to administer California real estate law.

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2
Q

When was the California Bureau of real estate created?

A

1917

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3
Q

Administrative agency

A

A government agency that makes rules and regulations to carry out the law

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4
Q

Administrative procedure act

A

A procedural act that must be complied with before revocation, suspension, or denial of a real estate license.

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5
Q

Arbitration

A

Nonjudicial process of resolution of disputes either by agreement or mandated by law

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6
Q

Civil law

A

System of law codified by statutes

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7
Q

MOST California real estate law originally came from?

A

English common law

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8
Q

Reliance on previous decisions is BEST described as?

A

Stare decisis

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9
Q

Our system of statutes in California could BEST be described as

A

Civil law

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10
Q

The Equal Credit Opportunity Act is BEST described as?

A

Civil law

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11
Q

The power of eminent domain is based on which amendment to the U.S. Constitution?

A

5th amendment

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12
Q

Which constitutional amendment allows homeowners to place a For Sale sign on their home?

A

1st amendment

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13
Q

Laws governing ownership rights are set forth in?

A

Federal statutes

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14
Q

The regulation of real estate licensees is covered in the ?

A

Business and Professions code

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15
Q

No uniform code for?

A

Real property

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16
Q

The real estate commissioner conducts hearings in accordance with the ?

A

Administrative Procedure Act

17
Q

Exemplary damages

A

Damages awarded by a court in excess of actual damages suffered by a plaintiff

18
Q

Most real estate disputes are adjudicated in?

A

Superior courts

19
Q

MOST lawsuits involving real estate matters can be described as ?

A

Civil Actions

20
Q

Compensatory damages

A

Money awarded to an injured person for damages

21
Q

Equitable remedies

A
  • Reformation
  • Rescission
  • Specific Performance
22
Q

Injunction

A

The remedy in which a person is ordered to cease and desist from an activity

23
Q

Quiet title

A

Is a legal action to determine the ownership or rights in real property.

24
Q

Liquidated damages

A

Damages agreed to, before a contractual breach, as the remedy in the event of a default.

25
Q

Stare decisis

A

Principle that previous decisions should be used to determine present rights and obligations.

26
Q

Specific performance

A

Requiring a person to perform as she agreed to perform.

27
Q

Statutory law

A
  • Law that is based on enacted statutes rather than precedent
  • Civil law
28
Q

Venue

A

The proper place for a lawsuit to be filed.

Real Estate Law (1 decks)

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