C3U1 Sources of Law and the Judicial System

Question 1

MOST California real estate law originally came from:

a. Spanish law
b. Mexican law
c. English common law
d. the commissioner’s regulations

Answer 1

c. English common law

Question 2

Reliance on previous decisions is BEST described by:

a. common law
b. stare decisis
c. equity
d. civil law

Answer 2

a. stare decisis

Question 3

Our system of statutes in California could BEST be described as:

a. civil law
b. stare decisis
c. equity
d. constitutional law

Answer 3

a. civil law

Question 4

The Equal Credit Opportunity Act is BEST described as:

a. stare decisis
b. common law
c. civil law
d. constitutional law

Answer 4

c. civil law

Question 5

The power of eminent domain is based on which amendment in the constitution?

a. First
b. Thirteenth
c. Fifth
d. Fourteenth

Answer 5

c. Fifth

Question 6

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

a. First
b. Fifth
c. Fourteenth
d. Twenty-Sixth

Answer 6

a. First

Question 7

Laws governing ownership rights are set forth in:

a. state statutes
b. local ordinances
c. federal statutes
d. the English common law

Answer 7

a. state statutes

Question 8

The regulation of real estate licensees is covered in the:

a. Administrative Code
b. Corporation Code
c. Civil Code
d. Business and Professions Code

Answer 8

d. Business and Professions Code

Question 9

The is no uniform code for:

a. personal property
b. commercial paper
c. real property
d. all of these

Answer 9

c. real property

Question 10

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

Answer 10

a. considered to have the force and effect of law

Question 11

In adopting regulations, an administrative agency must provide for:

a. alternative remedies
b. arbitration of disputes
c. a public hearing
d. all of these

Answer 11

c. a public hearing

Question 12

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.

Answer 12

a. Administrative Procedure Act

Question 13

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

Answer 13

b. may be appealed to the courts

Question 14

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

Answer 14

c. exemplary damages

Question 15

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

Answer 15

b. superior court

Question 16

Most real estate disputes are adjudicated in:

a. federal courts
b. superior courts
c. Court of Appeal
d. the Supreme Court

Answer 16

b. superior courts

Question 17

MOST lawsuits involving real estate matters can be described as:

a. criminal proceedings
b. administrative agency actions
c. common-law actions
d. civil actions

Answer 17

d. civil actions

Question 18

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

Answer 18

a. The defendant commences the action with a complainant

Question 19

Money awarded to an injured person for damages received is called:

a. exemplary damages
b. compensatory damages
c. nominal damages
d. specific performance

Answer 19

b. compensatory damages

Question 20

Equitable remedies include all of the following EXCEPT:

a. monetary damages
b. reformation
c. recission
d. specific performance

Answer 20

a. monetary damages

Question 21

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

Answer 21

c. injunction

Question 22

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

Answer 22

d. a quiet title action

Question 23

Which is NOT an advantage of voluntary arbitration?

a. Savings in money
b. Right to appeal
c. Savings in time
d. None of these

Answer 23

b. Right to appeal

Question 24

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

Answer 24

b. mediation

Question 25

A court ordered all parties released of their obligations. The remedy granted was:

a. reformation
b. injunction
c. declaratory relief
d. rescission

Answer 25

d. recession