Exam 1 Flashcards
The land and everything permanently attached to it, including structures and anything permanently attached to the structures.
Real Property
Property capable of being moved.
Personal Property
What are the three elements required for a gift to be effective?
- Donative intent on part of the donor
- Delivery
- Acceptance by the donee
Confers the right to take possession rather than the actual possession of the object in question. When the object cannot be physically delivered, therefore it is delivered in a symbolic way.
Constructive Delivery
A gift made in contemplation of imminent death.
Gift Causa Mortis
A gift made during the donor’s lifetime.
Gift Inter Vivos
An effective delivery requires that the donor give up complete ___ and ___.
Domination and Control
When someone adds value to a property by the use of either labor or materials gets possession of the property.
Accession
Property that has been voluntarily placed somewhere by the owner and then inadvertently forgotten.
Mislaid Property
Property that is involuntarily left.
Lost Property
Property that has been discarded by the true owner who has no intention of reclaiming title to it.
Abandoned Property
The delivery of personal property, without transfer of title, by one person to another.
Bailment
What are the 3 ordinary bailments?
- Bailment for the sole benefit of the bailor.
- Bailment for the sole benefit of the bailee.
- Bailment for the mutual benefit of the bailee and the bailor.
Bailee is responsible, but standard of care is reduced to a minimal, must require a high amount of negligence.
Bailment for the benefit of the Bailor
Bailee is responsible, Bailee must uphold the standard of care of the good, only requires slight negligence.
Bailment for the benefit of the Bailee
The Bailee is responsible; the amount of negligence is ordinary. Ordinary standard of care.
Bailment for the benefit of both the Bailor and the Bailee
What are the 5 ways to acquire property?
- Possession
- Production
- Gift
- Accession
- Confusion
What are the 4 types of rights and properties that falls into real property rights?
- Land and structures
- Airspace and subsurface rights
- Plant life and vegetation
- Fixtures
An estate that lasts for the life of some specified individual.
Life estate
The owner has the greatest aggregation of rights, privileges, and power possible.
Fee Simple Absolute
A form of co-ownership in which each of two or more persons own an undivided interest in the property.
Tenancy in Common
Each of two or more persons owns an undivided interest in the property, but a deceased joint tenant’s interest passes to the surviving joint tenant or tenants.
Joint Tenancy
The tenant is to inherit a deceased joint tenant’s ownership interest -distinguishes a joint tenancy from a tenancy in common. (Right)
Right of Survivorship
Persons who share ownership rights simultaneously in particular property.
Concurrent Ownership
Neither spouse may separately transfer his or her interest during his or her lifetime unless the other spouse consents.
Tenancy by the Entirety
When each spouse technically owns an undivided one-half interest in the property.
Community Property
An express contract that states that the property is leased for a specified period of time.
Fixed-term Tenancy (Tenancy for Years)
A lease that does not specify a term but does specify that rent is to be paid at certain intervals (weekly, monthly).
Periodic Tenancy
A lease that either party can terminate the tenancy without notice.
Tenancy at Will
The mere possession of land without right.
Tenancy at Sufferance
The right of a person to make limited use of another person’s real property without taking anything from the property.
Easement (nonpossessory interests)
When the owner of one piece of land has a right to go onto (or remove something) an adjacent piece of land owned by another.
Profit Appurtenant (Easement)
When the right to use or take things from another’s land is given to one who does not own an adjacent tract of land.
Profit in gross (Easement)
The revocable right of a person to come onto another person’s land.
License
Contains the greatest number of warranties and thus provides the most extensive protection against defects of title.
General Warranty Deed
Warrants only that the grantor or seller held good title during his or her ownership of the property.
Special Warranty Deed
Offers the least protection against defects in the title.
Quitclaim Deed
The grantor simply states, “I grant the property to you”. Doesn’t mean the grantor had any interests in the property. Just a “to be sure…” deed.
Grant Deed
Referred to as the condemnation power of government, a taking.
Eminent Domain
When a government simply takes private property from a landowner without paying any compensation, causing legal action from the landowner.
Inverse Condemnation
The tenant transfers his or her entire interest in the lease property to a third person.
Assignment
Landlord must provide 3 things for tenants on their property.
- Possession
- Quiet Enjoyment
- Reasonable use of the premise
A lien caused by a person not paying for contracted labor, services, or materials to be furnished for making improvements on real property.
Mechanic Lien
When a debtor fails to pay for labor and materials furnished for the repair or improvement of personal property. The lienholder MUST RETAIN POSSESSION.
Artisans Lien
When the debt is past due, a creditor can bring legal action against the debtor to collect the debt.
Judical Liens.
A court-ordered seizure and taking into custody of property before a judgement is obtained on a past-due debt.
Writ of Attachment
An order that directs the sheriff to seize and sell any of the debtor’s nonexempt real or personal property,
Writ of Execution
When creditors contract with the debtor for discharge of the debtor’s liquidated debts in payment of a sum less than that owed.
Creditor’s Composition Agreement
When a life estate ends, and there is no remainder or other interest, the estate returns to the original owner.
Reversion
A fee simple that goes away when the one condition isn’t met.
Fee Simple Defeasible
A fee simple that is lost and requires court.
Fee on a Condition Subsequent
Gives a person owning an interest the right to ownership of the property upon the death of the owner of the life estate.
Remainder
The defaulting buyer has a chance to regain title and possession after default.
Equitable Right of Redemption
A promise made by a third person to be responsible for the debtors obligation.
Suretyship
A promise by a third person to be responsible for the debtors obligation AFTER the principal debtor defaults.
Guaranty
What are the 3 rights of sureties and guaranties?
- Right of Subrogation
- Right of Reimbursement
- Right of Contribution
Any right the creditor had against the debtoor now becomes the right of the surety.
Right of Subrogation
When a co-surety pays more than her or his proportionate share on a debtor’s default, they are entitled to recover from the other co-sureties the amount paid above obligation.
Right of Contribution
What are the 5 types of exempted personal property?
- Household furniture
- Clothing and personal possessions
- A vehicle for transport
- Certain animals
- Equipment used for business
A person must have a reasonable expectation of benefit from the continued life of another. Can be emotionally or economically tied. Must exist at the time the policy is obtained.
Insurable Interest
A clause that provides that after the policy has been in force for a specified length of time (2 years), the insurer cannot contest statements made in the application.
Incontestability Clauses
If the owner insures the property up to a specified percentage (80%) of its value, she or he will recover any loss up to the face amount of the policy.
Coinsurance Clause
The insured has a grace period of 30 or 31 days within which to pay an overdue premium.
Antilapse Clause
What are the 3 duties of the insurer?
- Duty to investigate
- Duty to defend
- Duty to pay
What are the 3 duties of the insured?
- Pay premiums
- Notify insurer in a timely matter of an event
- Cooperate with insurer
Either party may terminate the employment relationship at any time and for any reason, unless doing so violates an employee’s statutory or contractual rights.
Employment at Will
What are the 3 exceptions for employment at will?
- Tort Theory
- Contract Theory
- Public Policy
An act that allows employees to take time off work for family or medical reasons, or military service.
Family and Medical Leave Act (FMLA)
An act that prohibits employers from intercepting an employee’s personal electronic communications unless they are made on devices and systems furnished by the employer.
Electronic Communications Privacy Act (ECPA)
An act that provides amnesty to certain groups of aliens living illegally in the United States at the time.
Immigration Reform and Control Act (IRCA)
An act that placed caps on the number of visas that can be issued to immigrants each year.
Immigration Act
A lawful permanent resident can prove his or her status to an employer by presenting…
I-551 Permanent Resident Card
An act that permits and protects peaceful strikes, picketing, and boycotts.
Norris-LaGuardia Act
This act established the rights of employees to engage in collective bargaining and to strike.
National Labor Relations Act (NLRA)
An act that outlawed “closed shop”, and prohibits unions from refusing to bargain with employers, or cause featherbedding.
Labor-Management Relations Act (LMRA)
A prohibited action to hire more employees than the employer needs as a form of striking.
Featherbedding
An act that established an employee bill of rights and reporting requirements for union activities. Also outlawed hot-cargo agreements (employers voluntarily agree with unions to not handle, use, or deal in goods of other employers produced by nonunion employers).
Labor-Management Reporting and Disclosure Act (LMRDA)
The process by which labor and management negotiate the terms and conditions of employment.
Collective Bargaining
What are the 6 illegal forms of striking?
- Violent strikes
- Massed Picketing (blocking)
- Sit-down Strikes (employees don’t work on premise)
- No-strike clause
- Secondary boycotts (striking another company that isn’t the employer)
- Wildcat strikes (small group strikes without consent or approval of union)
When a tenant has been involuntarily evicted due to the landlord not providing a habitable premises.
Constructive Eviction
When a tenant gives some rights or space.
Sublease
Debtor can regain property after foreclosure and sale by paying creditor debt obligation.
Debtor’s Statutory Right of Possession
Prohibits job discrimination against employees, applicants, and union members on the basis of race, color, national origin, religion, and gender at any stage of employment.
Title VII of the Civil Rights Act
Monitors employer compliance with Title VII.
Equal Employment Opportunities Commission (EEOC)
Intentional discrimination by an employer against an employee.
Disparate-treatment Discrimination
Latin, refers to a fact that is presumed to be true unless contradicted by evidence.
Prima Facie
When a protected group of people is adversely affected by and employer’s practices, procedures, or tests, even though they do not appear to be discriminatory.
Disparate-impact Discrimination
Discrimination against members of a majority group, such as white males.
Reverse Discrimination
An employer is not required to make an accommodation that would cause the employer an ____ _____
Undue Hardship
When the employer causes the employee’s working conditions to be so intolerable that a reasonable person in the employee’s position would feel compelled to quit.
Constructive Discharge
An act that prohibits employment discrimination on the basis of age against individuals forty years of age or older.
Age Discrimination and Employment Act (ADEA)
An act that prohibits disability-based discrimination in all workplaces with 15 or more workers.
Americans with Disabilities Act (ADA)
The ADA covers _____ drug addicted users and _____ alcohol addicted users.
- Former
- Current
Harassment occurs when sexual favors are demanded in return for job opportunities.
Quid Pro Quo
Harassment that occurs when a pattern of sexually offensive conduct runs throughout the workplace and the employer has not taken steps to prevent or discourage it.
Hostile Environment
What are the 4 defenses that employers can use?
- Business necessity
- Seniority or Merit System
- Bona Fide Occupational Qualification
- After-Acquired Evidence of Employee Misconduct
A unintentional discriminatory action by an employer that is legal based on the employment positions needs and requirements.
Business Necessity
When discrimination against a protected class is essential to a job. A woman is essential for a position in a women’s clothing store.
Bona Fide Occupational Qualification
