CA Real Estate Law - Chptr 1

Question 1

Law

Answer 1

A system of rights and duties established and enforced by a government

Question 2

Functions of law

Answer 2

1. Establishing order
2. resolving disputes
3. enforcing promises
4. preventing exploitation
5. promoting equality

Question 3

English common law

Answer 3

The body of law derived from judicial decisions rather than from statutes or constitutions

Question 4

Substantive law

Answer 4

Establishes and defines rights and duties

Question 5

Procedural law

Answer 5

Sets out the methods of enforcing substantive rights

Question 6

Contract

Answer 6

A legally binding promise

Question 7

Tort law

Answer 7

Concerns legally imposed duties and standards of reasonable conduct

Question 8

Property law

Answer 8

Concerns ownership of real or personal property

Question 9

Constitution

Answer 9

A grant of power to a government

Question 10

Sources of law

Answer 10

1. Constitutions
2. legislators
3. courts
4. administrative agencies

Question 11

Acts or statutes

Answer 11

The laws adopted by Congress and state legislators

Question 12

Ordinances

Answer 12

Laws adopted by county and city councils

Question 13

Bill

Answer 13

A proposed law

Question 14

Codification

Answer 14

A legislator will gather up all the laws on a particular subject, reconcile them and clarify them, then set them out systematically in a comprehensive compendium (or collection) called a code

Question 15

Case Law

Answer 15

The laws interpreted and applied in published written opinions of the Court of Appeal and the Supreme Court in court cases

Question 16

Stare decisis

Answer 16

Once a higher court has decided a particular point of law, other courts faced with the same issue must decide it the same way

Question 17

Precedent

Answer 17

The appellate or Supreme Court’s published published decision, Binding on lower courts

Question 18

Jurisdiction

Answer 18

The area under the authority of a particular court

Question 19

Opinion

Answer 19

Describes the facts of the case and the courts reasoning

Question 20

Administrative agency

Answer 20

Usually given broad powers within its area of authority. This includes the power to issue regulations that have the force of law

Question 21

Responsibilities of an administrative agency

Answer 21

1. Rule making
2. adjudication
3. enforcement

Question 22

Judicial review

Answer 22

Judges determine whether statutes ordinances and regulations are unconstitutional

Question 23

Statutory construction

Answer 23

The judge’s goal is to carry out the intention of the legislature or administrative agency

Question 24

Trial

Answer 24

The fundamental court proceeding in a lawsuit

Question 25

Appeal

Answer 25

Asking a higher court in the same jurisdiction to review the trial court’s decision

Question 26

Appellate court

Answer 26

The court that has the power to review the decisions of the lower court

Question 27

Exhibit

Answer 27

Documentary or physical evidence

Question 28

Question of fact

Answer 28

Any question about what actually took place

Question 29

Question of law

Answer 29

Any question about the application of law on a particular point

Question 30

Prejudicial error

Answer 30

One that adversely affected a substantial right of one of the litigants

Question 31

Subject matter jurisdiction

Answer 31

Types of cases that a court has authority to hear

Question 32

Court of general jurisdiction

Answer 32

A court that is not limited to a specific subject

Question 33

Specific performance

Answer 33

Where the plaintiff is seeking a remedy other than the damages award

Question 34

Court of appeals

Answer 34

Primary function is to determine whether there is an error at the Superior Court level, and if so, to remedy it