Ch 1 CA Legal Aspects - The Function of Law Flashcards
What website shows a lot of CA case studies?
lexisnexis.com
CA observes community property. Long term relationships, acquired during marriage, Lee Marvin case during __a__years living together belongs to both.
7
What resolves disputes, enforce promises, and derived from English and Spanish law?
Law
What is legal duty impose by law that people are required to take care of others and to not harm others? aka civil wrong d/t reckless.
tort
What land__a__% own by CA state? b% of land own by US govt such as fed wilderness.
a- 3%
b 45%
What is breach of legal duty impose by law that people are required to take care of others and to not harm others? aka civil wrong d/t reckless.
tort
What is breach of legal duty impose by law that people are required to take care and to not harm others? aka civil wrong d/t reckless.
tort
What is any wrongful act (not involving a breach of contract) for which a civil section will lie for the person wronged?
tort
What is property acquired by husband and/or wife during a marriage when not acquired as the separate property of either spouse? Each spouse has equal rights of management, alienation and testamentary disposition of community property.
Community Property
What is the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs?
Civil Law
What law that is derived from court decisions? The body of law that grew from custom and practices developed and used in England “Since the memory of man runneth not to the contract”.
Common Law
What legal principle determines the points in litigation according to precedent?
Stare Decisis
What legal principle determines the points in litigation according to precedent? People treated fairly.
Stare Decisis
what is 2 legal system?
When someone is late on mortgage, the bank files notice of delinquent at court. That becomes public info.
civil and common law
civil law is offspring of ancient Roman
common law is from England
What is more formal and a mini trial with a neutral third party who listens to each party’s position and makes a final binding decision with one person winning and the other side losing?
Arbitration
What is a form of alternative dispute resolution in which the parties to a lawsuit meet with a neutral third-party in an effort to settle the case is legally binding and more a compromise?
Mediation
What is a statute prescribing a period of limitation for the bringing of certain kinds of legal action?
Statute of Limitations
What is a state law requiring certain contracts to be in writing and signed before they will be enforceable at law? Ex: Contracts for the sale of real property, contracts not be performed within one year.
Statute of Frauds
What is the statue of limitations with real estate contract?
3 years
Just in case of a lawsuit, what is the best way to remember each real estate transaction?
Keep a detailed electronic journal/calendar of every transaction from beginning to the end.
How many years requirement to keep contract paperwork?
3 years
How many years requirement to keep contract paperwork?
4 years
What is the basic rules establishing the rights and obligations of owners of real property within a subdivision or other tract of land in relation to other owners within the same subdivision or tract and in relation to an association of owners organized for the purpose of operating and maintaining property commonly owned by the individual owners?
Covenants, Conditions, and Restrictions (CC&Rs)
What is he right of any political body to enact laws and enforce them, for the order, safety, health, morals and general welfare of the public?
Police Power
What is the division of an area into zones, as to restrict the number and types of buildings and their uses?
Zoning
What is the right of the government to acquire property for necessary public or quasi-public use by condition; the owner must be fairly compensated and the right of the private citizen to get paid is spelled out in the 5th Amendment of the United State Constitution?
Eminent Domain
What amendment the right to own property without discrimination?
14th amendment
HOA has a __1__board and __2__ the rules, has monthly dues to cover pool, the gate, and common grounds.
1 governing
2 enforces
What power is responsible for zoning and building road?
Police power
concurrent jurisdiction allows state and fed the overlap of the __a__systems
court
The CA bureau of real estate and HUD are examples of __1__ that have appeal processes to help relieve the burden of the court system. If one feels the appeal process has not resolved the issue, the next process is the __2__court.
1 - administration agencies
2- superior court
Broker and salesperson’s license issued for how many years?
4 years
To renew the license how many hours of continuing education courses?
45 hours
What is the requirements for Broker’s license?
2 years experience and RE classes
When a member of the public
obtains a civil judgment, arbitration award or criminal
restitution order against a real estate licensee as a result
of fraud, misrepresentation, deceit or conversion of trust
funds on the part of a licensee acting as an agent in the
transaction, under specific conditions of law, that person
may seek reimbursement from what account for actual loss?
Recovery Account
What is the legal requirement that the State must respect all legal rights that are owed to a person?
Due Process
What grants power to the government?
the constitution
What is an action to compel performance of an agreement, ex: sale of land as an alternative to damages or rescission?
Specific Performance
What is called when awarding money from lawsuit?
remediation of law
What is the result of lawsuit when injuction issued to stop an action?
equitable remediation
After lawsuit result what is called when seller needs to sale the property with legally signed contract. Cannot stay in the house when both parties sign the agreement.
specific performance
What the jury needs to have clear and convincing evidences called?
proponderance of evidence
Small claims court is for civil lawsuit less __a__ and __b__can’t participate.
a - $7500
b - collection company
The legal principle of determining points in litigation according to precedent is known as... so so crime and punishment does not vary? AStare Decisis BDue Process CSociological Jurisprudence DNone of the above
A Stare Decisis
civil law composes of 3 different areas?
torts, contracts, property law
law establishes?
order
The California trial court system consists of small claims court and…? AArbitration BMediation CCommon court DSuperior court
DSuperior court
Law that is derived from court decisions is known as…? ACommon Law BStatutory Law CProperty Law DCivil Law
A Common Law
The statutory, or written law, that defines rights and duties, such as crimes and punishments, civil rights and responsibilities in civil law is known as…? AProcedural Law BStatutory Law CSubstantive Law DArbitration
Substantive Law
This comprises of the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings…? ATort BProcedural Law CBill of Rights DCC&Rs
Procedural Law
An action to compel performance of an agreement is known as...? ASpecific Performance BImplied Performance CMutual Performance DImpartial Performance
Specific Performance
This refers to a writ or order issued under the seal of a court to restrain one or more parties to a suit or proceeding from doing an act which is deemed to be inequitable or unjust in regard to the rights of some other party or parties in the suit or proceeding...? ADue Process BSociological Jurisprudence CTort DInjunction
D Injunction
The legal requirement that the state must respect all legal rights that are owed to a person is known as...? ADue Process BBill of Rights CConstitution DTort
A Due Process
The right of any political body to enact laws and enforce them, for the order, safety, health, morals and general welfare of the public is known as…? APolice Power BEminent Domain CCC&Rs DInjunction
Police Power
The basic rules establishing the rights and obligations of owners of real property within a subdivision are known as…? AZoning BTort CProperty Law DCC&Rs
D CC&Rs
During …………, a neutral third party listens to each party’s position and makes a final, binding decision? AArbitration BLitigation CTort DNegotiations
A Arbitration
A form of alternative dispute resolution in which the parties to a lawsuit meet with a neutral third-party in an effort to settle the case is known as…? AArbitration BLitigation CTort DMediation
D Mediation
The purpose of this court is to correct a mistake made in a lower court judgment…? ACivil court BAppellate court CCommon court DSuperior court
B Appellate court
Any wrongful act (not involving a breach of contract) for which a civil section will lie for the person wronged is referred to as...? ATort BConspire CSociological Jurisprudence DNegligence
A Tort
