Chapter 1

Question 1

Please click on the link below and spend a few minutes familiarizing yourself with the link content:

http://lexisnexis.com/clients/cacourts/

Answer 1

Please click on the link below and spend a few minutes familiarizing yourself with the link content:

http://lexisnexis.com/clients/cacourts/

Question 2

Tort

Answer 2

Any wrongful act (not involving a breach of contract) for which a civil section will lie for the person wronged.

Question 3

Community Property

Answer 3

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.

Question 4

Civil Law

Answer 4

The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.

Question 5

Common Law

Answer 5

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”.

Question 6

Stare Decisis

Answer 6

The legal principle of determining points in litigation according to precedent.

Question 7

Mediation

Answer 7

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.

Question 8

Arbitration

Answer 8

A neutral third party who listens to each party’s position and makes a final binding decision.

Question 9

Statute of Limitations

Answer 9

A statute prescribing a period of limitation for the bringing of certain kinds of legal action.

Question 10

Statute of Frauds

Answer 10

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.

Question 11

Covenants, Conditions, and Restrictions (CC&Rs)

Answer 11

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.

Question 12

Police Power

Answer 12

The right of any political body to enact laws and enforce them, for the order, safety, health, morals and general welfare of the public.

Question 13

Zoning

Answer 13

The division of an area into zones, as to restrict the number and types of buildings and their uses.

Question 14

Eminent Domain

Answer 14

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.

Question 15

Due Process

Answer 15

The legal requirement that the State must respect all legal rights that are owed to a person.

Question 16

Injunction

Answer 16

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.

Question 17

Specific Performance

Answer 17

An action to compel performance of an agreement, ex: sale of land as an alternative to damages or rescission.

Question 18

Substantive Law

Answer 18

The statutory, or written law, that defines rights and duties, such as crimes and punishments, civil rights and responsibilities in civil law. It is codified in legislative statutes or can be enacted through the initiative process.

Question 19

Procedural Law

Answer 19

Comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings.

Question 20

Any wrongful act (not involving a breach of contract) for which a civil section will lie for the person wronged is referred to as….?

A. Tort
B. Conspire
C. Sociological Jurisprudence
D. Negligence

Answer 20

A. Tort

Question 21

The intention of the law is to establish order and to enforce promises….?

A. True
B. False

Answer 21

A. True

Question 22

The purpose of this court is to correct a mistake make in a lower court judgement…..?

A. Civil Court
B. Appellate court
C. Common Court
D. Superior Court

Answer 22

B. Appellate court

Question 23

A decision made in mediation is never binding…..?

A. True
B. False

Answer 23

B. False