Chp 8 - Property Law Flashcards
The ____ requires that governments must pay compensation when taking private land without the landowner’s consent.
- Bill of Rights
- Fifth Amendment of the Constitution
- First Amendment of the Constitution
- Third Amendment of the Constitution
- Supreme Court
Fifth Amendment of the Constitution
Governments must pay just compensation when exercising the right of eminent domain. Just compensation is usually the:
- highest price the government can afford
- price the landowner demands
- fair market value
- cash market value
- bond market value
fair market value
When a local government regulates the way in which homeowners may use their land, this is an exercise of the government’s:
- fiduciary powers
- obligatory powers
- derivative powers
- olfactory powers
- none of the other choices
none of the other choices
Since the 1920s the primary method of local land control has been:
- easements
- eminent domain
- zoning
- taxation
- tort suits
zoning
Zoning laws are typically used to:
- control the quality of construction
- control population density
- decide what kinds of buildings may be built where
- provide green zones
- all of the other choices
all of the other choices
Zoning laws are typically not used to:
- control the quality of construction
- control kinds of speech
- decide what kinds of buildings may be built where
- provide green zones
- all of the other choices are common to zoning
control kinds of speech
Which of the following is an example of something regulated by a zoning rule:
- ethnicity of people in a neighborhood
- tax burdens
- building size
- number of judges appointed to a county
- all of the other specific choices are correct
building size
Which of the following is an intentional tort against property:
- defamation
- conversion
- malicious prosecution
- invasion of privacy
- none of the other choices
conversion
Intentional interference against property does not include which tort:
- trespass
- public nuisance
- private nuisance
- conversion
- all of the other choices can be correct
all of the other choices can be correct
When a wrongdoer harms a person’s interest in land or personal possessions, this is referred to as:
- a misdemeanor
- a contractual breach
- breach of fiduciary duty
- a libel against the person
- none of the other choices
none of the other choices
Torts against property:
- cannot be intentional torts; that category of torts only applied to torts against persons
- can be torts, but only if there is also an intentional tort inflicted against a personal interest that is protected by tort law
- can be intentional torts, but only if there is also an intentional tort inflicted against a personal interest that is protected by tort law
- are all categorized as negligent torts, regardless of other torts against persons
- none of the other choices
none of the o…
In a tort action for trespass to land the:
- wrongdoer is excused if he thought he owned the land
- wrongdoer is excused if she thought she could trespass
- the property owner must demonstrate actual injury
- intruder is not excused even if mistaken about the right to enter on the land
- the property owner must show that the land was fenced or otherwise posted as to ownership
intruder is not excused even if mistaken about the right to enter on the land
An unauthorized intrusion by a person or a thing on land belonging to another is:
- legal in some states
- an easement
- the tort of conversion
- the tort of battery
- none of the other choices are correct
none of the other choices are correct
Which of the following is not true with respect to trespass to land?
- there is an unauthorized intrusion on someone else’s land
- land owners have a right to peaceful enjoyment
- the land owner must not have authorized the entry on to the land
- an airplane flying over land at a reasonable altitude is not trespassing
- all of the other choices are true
all of the other choices are true
A person may use which of the following as a defense to the tort of trespass on land:
- ignorance
- stupidity
- protecting the property from damage
- a state hunting license
- lack of awareness
protecting the property from damage
If there is a dangerous condition on a property, the landowner:
- has a duty to warn everyone, including trespassers, of the danger
- has no duty to warn trespassers of the danger
- must post signs in visible places all over the property
- must have insurance to cover injuries caused by the dangerous condition
- none of the other choices are correct
has no duty to warn trespassers of the danger
The law of torts recognizes two kinds of nuisances, these are:
- personal and impersonal
- business and personal
- governmental and non-governmental
- environmental and industrial
- none of the other choices
none of the other choices
Private and public nuisances are:
- two of the three kinds of nuisances recognized by the law of torts
- the two kinds of assaults recognized by the law of torts
- two of the five kinds of nuisances recognized by the law of torts
- the two kinds of battery recognized by the law of torts
- none of the other choices are correct
none of the other choices are correct
A(n) ____ is an activity that substantially and unreasonably interferes with the use and enjoyment of someone’s land.
- conversion
- private nuisance
- final nuisance
- unreasonable nuisance
- property nuisance
private nuisance
The major difference between public nuisance and private nuisance is:
- a public nuisance involves public health and private nuisance involves citizens’ welfare
- whether the property involved is owned by a government or by a private party
- a public nuisance interferes with the enjoyment of land; private nuisance impacts health
- public nuisance can exist only if there is physical damage to land; that is not the case with private nuisance
- none of the other choices
none of the other choices
Your next door neighbor plays his stereo very loud at 3 am. He ignores your repeated requests for quiet and keeps up this habit. You are most likely to win a suit for the tort of:
- mental distress
- invasion of privacy
- trespass to property
- conversion
- none of the other choices
none of the other choices
A(n) ____ an unreasonable interference with a right held in common by the general public.
- public nuisance
- property nuisance
- private nuisance
- unreasonable nuisance
- none of the other choices are correct
public nuisance
A public nuisance involves an unreasonable interference with a right held by:
- the attorney general
- the general public
- public utility companies
- persons attending public functions
- U.S. citizens only
the general public
When someone has interfered with the right of the owner to exclusive possession and enjoyment of personal property there may be a tort of:
- conversion
- misappropriation
- trespass to personal property
- battery
- none of the other choices are correct
trespass to personal property
