C3U1 Sources of Law and the Judicial System Flashcards
MOST California real estate law originally came from:
a. Spanish law
b. Mexican law
c. English common law
d. the commissioner’s regulations
c. English common law
Reliance on previous decisions is BEST described by:
a. common law
b. stare decisis
c. equity
d. civil law
a. stare decisis
Our system of statutes in California could BEST be described as:
a. civil law
b. stare decisis
c. equity
d. constitutional law
a. civil law
The Equal Credit Opportunity Act is BEST described as:
a. stare decisis
b. common law
c. civil law
d. constitutional law
c. civil law
The power of eminent domain is based on which amendment in the constitution?
a. First
b. Thirteenth
c. Fifth
d. Fourteenth
c. Fifth
Which constitutional amendment allows homeowners to place a For Sale sign on their home?
a. First
b. Fifth
c. Fourteenth
d. Twenty-Sixth
a. First
Laws governing ownership rights are set forth in:
a. state statutes
b. local ordinances
c. federal statutes
d. the English common law
a. state statutes
The regulation of real estate licensees is covered in the:
a. Administrative Code
b. Corporation Code
c. Civil Code
d. Business and Professions Code
d. Business and Professions Code
The is no uniform code for:
a. personal property
b. commercial paper
c. real property
d. all of these
c. real property
The commissioner’s regulations are:
a. considered to have the force and effect of law
b. known as the real estate law
c. included in the Business and Professions Code
d. none of these
a. considered to have the force and effect of law
In adopting regulations, an administrative agency must provide for:
a. alternative remedies
b. arbitration of disputes
c. a public hearing
d. all of these
c. a public hearing
The real estate commissioner conducts hearings in accordance with the:
a. Administrative Procedure Act.
b. Business and Professions Code.
c. Labor Code.
d. Public Resources Code.
a. Administrative Procedure Act
Decisions of the Department of Real Estate:
a. are binding and final
b. may be appealed to the courts
c. must be made unanimously by the commission
d. must be concurred with by the majority of the commission
b. may be appealed to the courts
Damages awarded by a court in excess of actual damages suffered by a plaintiff are known as:
a. liquidated damages
b. nominal damages
c. exemplary damages
d. compensatory damages
c. exemplary damages
The California court that has original jurisdiction for a claim of $100,000 would be the:
a. California Supreme Court
b. superior court
c. small claims court
d. Court of Appeal
b. superior court
Most real estate disputes are adjudicated in:
a. federal courts
b. superior courts
c. Court of Appeal
d. the Supreme Court
b. superior courts
MOST lawsuits involving real estate matters can be described as:
a. criminal proceedings
b. administrative agency actions
c. common-law actions
d. civil actions
d. civil actions
Which statement about lawsuits is NOT correct?
a. The defendant commences the action with a complaint
b. A direct examination of a witness is followed by a cross-examination
c. Most lawsuits are settled before trial
d. If there is a jury, the jury determines questions of fact
a. The defendant commences the action with a complainant
Money awarded to an injured person for damages received is called:
a. exemplary damages
b. compensatory damages
c. nominal damages
d. specific performance
b. compensatory damages
Equitable remedies include all of the following EXCEPT:
a. monetary damages
b. reformation
c. recission
d. specific performance
a. monetary damages
The remedy in which a person is ordered to cease and desist from an activity is known as:
a. reformation
b. specific performance
c. injunction
d. none of these
c. injunction
A legal action to determine ownership rights in real property would be:
a. an injunction
b. reformation
c. a declamatory relief action
d. a quiet title action
d. a quiet title action
Which is NOT an advantage of voluntary arbitration?
a. Savings in money
b. Right to appeal
c. Savings in time
d. None of these
b. Right to appeal
The process whereby a third person works to resolve a problem but may NOT impose a decision on the parties is known as:
a. arbitration
b. mediation
c. declaratory relief
d. quiet title
b. mediation
A court ordered all parties released of their obligations. The remedy granted was:
a. reformation
b. injunction
c. declaratory relief
d. rescission
d. recession
