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CA Legal Aspects in Real Estate > Ch 1 CA Legal Aspects - The Function of Law > Flashcards

Ch 1 CA Legal Aspects - The Function of Law Flashcards

1
Q

What website shows a lot of CA case studies?

A

lexisnexis.com

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2
Q

CA observes community property. Long term relationships, acquired during marriage, Lee Marvin case during __a__years living together belongs to both.

A

7

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3
Q

What resolves disputes, enforce promises, and derived from English and Spanish law?

A

Law

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4
Q

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.

A

tort

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5
Q

What land__a__% own by CA state? b% of land own by US govt such as fed wilderness.

A

a- 3%

b 45%

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6
Q

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.

A

tort

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7
Q

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.

A

tort

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8
Q

What is any wrongful act (not involving a breach of contract) for which a civil section will lie for the person wronged?

A

tort

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9
Q

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.

A

Community Property

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10
Q

What is the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs?

A

Civil Law

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11
Q

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”.

A

Common Law

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12
Q

What legal principle determines the points in litigation according to precedent?

A

Stare Decisis

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13
Q

What legal principle determines the points in litigation according to precedent? People treated fairly.

A

Stare Decisis

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14
Q

what is 2 legal system?

When someone is late on mortgage, the bank files notice of delinquent at court. That becomes public info.

A

civil and common law
civil law is offspring of ancient Roman
common law is from England

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15
Q

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?

A

Arbitration

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16
Q

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?

A

Mediation

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17
Q

What is a statute prescribing a period of limitation for the bringing of certain kinds of legal action?

A

Statute of Limitations

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18
Q

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.

A

Statute of Frauds

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19
Q

What is the statue of limitations with real estate contract?

A

3 years

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20
Q

Just in case of a lawsuit, what is the best way to remember each real estate transaction?

A

Keep a detailed electronic journal/calendar of every transaction from beginning to the end.

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21
Q

How many years requirement to keep contract paperwork?

A

3 years

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22
Q

How many years requirement to keep contract paperwork?

A

4 years

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23
Q

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?

A

Covenants, Conditions, and Restrictions (CC&Rs)

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24
Q

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?

A

Police Power

25
Q

What is the division of an area into zones, as to restrict the number and types of buildings and their uses?

A

Zoning

26
Q

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?

A

Eminent Domain

27
Q

What amendment the right to own property without discrimination?

A

14th amendment

28
Q

HOA has a __1__board and __2__ the rules, has monthly dues to cover pool, the gate, and common grounds.

A

1 governing

2 enforces

29
Q

What power is responsible for zoning and building road?

A

Police power

30
Q

concurrent jurisdiction allows state and fed the overlap of the __a__systems

A

court

31
Q

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.

A

1 - administration agencies

2- superior court

32
Q

Broker and salesperson’s license issued for how many years?

A

4 years

33
Q

To renew the license how many hours of continuing education courses?

A

45 hours

34
Q

What is the requirements for Broker’s license?

A

2 years experience and RE classes

35
Q

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?

A

Recovery Account

36
Q

What is the legal requirement that the State must respect all legal rights that are owed to a person?

A

Due Process

37
Q

What grants power to the government?

A

the constitution

38
Q

What is an action to compel performance of an agreement, ex: sale of land as an alternative to damages or rescission?

A

Specific Performance

39
Q

What is called when awarding money from lawsuit?

A

remediation of law

40
Q

What is the result of lawsuit when injuction issued to stop an action?

A

equitable remediation

41
Q

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.

A

specific performance

42
Q

What the jury needs to have clear and convincing evidences called?

A

proponderance of evidence

43
Q

Small claims court is for civil lawsuit less __a__ and __b__can’t participate.

A

a - $7500

b - collection company

44
Q 
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

A Stare Decisis

45
Q

civil law composes of 3 different areas?

A

torts, contracts, property law

46
Q

law establishes?

A

order

47
Q 
The California trial court system consists of small claims court and…?
AArbitration
BMediation
CCommon court
DSuperior court
A

DSuperior court

48
Q 
Law that is derived from court decisions is known as…?
ACommon Law
BStatutory Law
CProperty Law
DCivil Law
A

A Common Law

49
Q 
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
A

Substantive Law

50
Q 
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
A

Procedural Law

51
Q 
An action to compel performance of an agreement is known as...?
ASpecific Performance
BImplied Performance
CMutual Performance
DImpartial Performance
A

Specific Performance

52
Q 
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
A

D Injunction

53
Q 
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

A Due Process

54
Q 
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
A

Police Power

55
Q 
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
A

D CC&Rs

56
Q 
During …………, a neutral third party listens to each party’s position and makes a final, binding decision?
AArbitration
BLitigation
CTort
DNegotiations
A

A Arbitration

57
Q 
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
A

D Mediation

58
Q 
The purpose of this court is to correct a mistake made in a lower court judgment…?
ACivil court
BAppellate court
CCommon court
DSuperior court
A

B Appellate court

59
Q 
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

A Tort

CA Legal Aspects in Real Estate (16 decks)

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