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BLAW II > Exam 1 > Flashcards

Exam 1 Flashcards

1
Q

The land and everything permanently attached to it, including structures and anything permanently attached to the structures.

A

Real Property

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2
Q

Property capable of being moved.

A

Personal Property

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3
Q

What are the three elements required for a gift to be effective?

A
  1. Donative intent on part of the donor
  2. Delivery
  3. Acceptance by the donee
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4
Q

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.

A

Constructive Delivery

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5
Q

A gift made in contemplation of imminent death.

A

Gift Causa Mortis

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6
Q

A gift made during the donor’s lifetime.

A

Gift Inter Vivos

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7
Q

An effective delivery requires that the donor give up complete ___ and ___.

A

Domination and Control

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8
Q

When someone adds value to a property by the use of either labor or materials gets possession of the property.

A

Accession

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9
Q

Property that has been voluntarily placed somewhere by the owner and then inadvertently forgotten.

A

Mislaid Property

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10
Q

Property that is involuntarily left.

A

Lost Property

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11
Q

Property that has been discarded by the true owner who has no intention of reclaiming title to it.

A

Abandoned Property

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12
Q

The delivery of personal property, without transfer of title, by one person to another.

A

Bailment

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13
Q

What are the 3 ordinary bailments?

A
  1. Bailment for the sole benefit of the bailor.
  2. Bailment for the sole benefit of the bailee.
  3. Bailment for the mutual benefit of the bailee and the bailor.
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14
Q

Bailee is responsible, but standard of care is reduced to a minimal, must require a high amount of negligence.

A

Bailment for the benefit of the Bailor

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15
Q

Bailee is responsible, Bailee must uphold the standard of care of the good, only requires slight negligence.

A

Bailment for the benefit of the Bailee

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16
Q

The Bailee is responsible; the amount of negligence is ordinary. Ordinary standard of care.

A

Bailment for the benefit of both the Bailor and the Bailee

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17
Q

What are the 5 ways to acquire property?

A
  1. Possession
  2. Production
  3. Gift
  4. Accession
  5. Confusion
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18
Q

What are the 4 types of rights and properties that falls into real property rights?

A
  1. Land and structures
  2. Airspace and subsurface rights
  3. Plant life and vegetation
  4. Fixtures
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19
Q

An estate that lasts for the life of some specified individual.

A

Life estate

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20
Q

The owner has the greatest aggregation of rights, privileges, and power possible.

A

Fee Simple Absolute

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21
Q

A form of co-ownership in which each of two or more persons own an undivided interest in the property.

A

Tenancy in Common

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22
Q

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.

A

Joint Tenancy

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23
Q

The tenant is to inherit a deceased joint tenant’s ownership interest -distinguishes a joint tenancy from a tenancy in common. (Right)

A

Right of Survivorship

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24
Q

Persons who share ownership rights simultaneously in particular property.

A

Concurrent Ownership

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25
Q

Neither spouse may separately transfer his or her interest during his or her lifetime unless the other spouse consents.

A

Tenancy by the Entirety

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26
Q

When each spouse technically owns an undivided one-half interest in the property.

A

Community Property

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27
Q

An express contract that states that the property is leased for a specified period of time.

A

Fixed-term Tenancy (Tenancy for Years)

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28
Q

A lease that does not specify a term but does specify that rent is to be paid at certain intervals (weekly, monthly).

A

Periodic Tenancy

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29
Q

A lease that either party can terminate the tenancy without notice.

A

Tenancy at Will

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30
Q

The mere possession of land without right.

A

Tenancy at Sufferance

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31
Q

The right of a person to make limited use of another person’s real property without taking anything from the property.

A

Easement (nonpossessory interests)

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32
Q

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.

A

Profit Appurtenant (Easement)

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33
Q

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.

A

Profit in gross (Easement)

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34
Q

The revocable right of a person to come onto another person’s land.

A

License

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35
Q

Contains the greatest number of warranties and thus provides the most extensive protection against defects of title.

A

General Warranty Deed

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36
Q

Warrants only that the grantor or seller held good title during his or her ownership of the property.

A

Special Warranty Deed

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37
Q

Offers the least protection against defects in the title.

A

Quitclaim Deed

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38
Q

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.

A

Grant Deed

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39
Q

Referred to as the condemnation power of government, a taking.

A

Eminent Domain

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40
Q

When a government simply takes private property from a landowner without paying any compensation, causing legal action from the landowner.

A

Inverse Condemnation

41
Q

The tenant transfers his or her entire interest in the lease property to a third person.

A

Assignment

42
Q

Landlord must provide 3 things for tenants on their property.

A
  1. Possession
  2. Quiet Enjoyment
  3. Reasonable use of the premise
43
Q

A lien caused by a person not paying for contracted labor, services, or materials to be furnished for making improvements on real property.

A

Mechanic Lien

44
Q

When a debtor fails to pay for labor and materials furnished for the repair or improvement of personal property. The lienholder MUST RETAIN POSSESSION.

A

Artisans Lien

45
Q

When the debt is past due, a creditor can bring legal action against the debtor to collect the debt.

A

Judical Liens.

46
Q

A court-ordered seizure and taking into custody of property before a judgement is obtained on a past-due debt.

A

Writ of Attachment

47
Q

An order that directs the sheriff to seize and sell any of the debtor’s nonexempt real or personal property,

A

Writ of Execution

48
Q

When creditors contract with the debtor for discharge of the debtor’s liquidated debts in payment of a sum less than that owed.

A

Creditor’s Composition Agreement

49
Q

When a life estate ends, and there is no remainder or other interest, the estate returns to the original owner.

A

Reversion

50
Q

A fee simple that goes away when the one condition isn’t met.

A

Fee Simple Defeasible

51
Q

A fee simple that is lost and requires court.

A

Fee on a Condition Subsequent

52
Q

Gives a person owning an interest the right to ownership of the property upon the death of the owner of the life estate.

A

Remainder

53
Q

The defaulting buyer has a chance to regain title and possession after default.

A

Equitable Right of Redemption

54
Q

A promise made by a third person to be responsible for the debtors obligation.

A

Suretyship

55
Q

A promise by a third person to be responsible for the debtors obligation AFTER the principal debtor defaults.

A

Guaranty

56
Q

What are the 3 rights of sureties and guaranties?

A
  1. Right of Subrogation
  2. Right of Reimbursement
  3. Right of Contribution
57
Q

Any right the creditor had against the debtoor now becomes the right of the surety.

A

Right of Subrogation

58
Q

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.

A

Right of Contribution

59
Q

What are the 5 types of exempted personal property?

A
  1. Household furniture
  2. Clothing and personal possessions
  3. A vehicle for transport
  4. Certain animals
  5. Equipment used for business
60
Q

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.

A

Insurable Interest

61
Q

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.

A

Incontestability Clauses

62
Q

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.

A

Coinsurance Clause

63
Q

The insured has a grace period of 30 or 31 days within which to pay an overdue premium.

A

Antilapse Clause

64
Q

What are the 3 duties of the insurer?

A
  1. Duty to investigate
  2. Duty to defend
  3. Duty to pay
65
Q

What are the 3 duties of the insured?

A
  1. Pay premiums
  2. Notify insurer in a timely matter of an event
  3. Cooperate with insurer
66
Q

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.

A

Employment at Will

67
Q

What are the 3 exceptions for employment at will?

A
  1. Tort Theory
  2. Contract Theory
  3. Public Policy
68
Q

An act that allows employees to take time off work for family or medical reasons, or military service.

A

Family and Medical Leave Act (FMLA)

69
Q

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.

A

Electronic Communications Privacy Act (ECPA)

70
Q

An act that provides amnesty to certain groups of aliens living illegally in the United States at the time.

A

Immigration Reform and Control Act (IRCA)

71
Q

An act that placed caps on the number of visas that can be issued to immigrants each year.

A

Immigration Act

72
Q

A lawful permanent resident can prove his or her status to an employer by presenting…

A

I-551 Permanent Resident Card

73
Q

An act that permits and protects peaceful strikes, picketing, and boycotts.

A

Norris-LaGuardia Act

74
Q

This act established the rights of employees to engage in collective bargaining and to strike.

A

National Labor Relations Act (NLRA)

75
Q

An act that outlawed “closed shop”, and prohibits unions from refusing to bargain with employers, or cause featherbedding.

A

Labor-Management Relations Act (LMRA)

76
Q

A prohibited action to hire more employees than the employer needs as a form of striking.

A

Featherbedding

77
Q

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).

A

Labor-Management Reporting and Disclosure Act (LMRDA)

78
Q

The process by which labor and management negotiate the terms and conditions of employment.

A

Collective Bargaining

79
Q

What are the 6 illegal forms of striking?

A
  1. Violent strikes
  2. Massed Picketing (blocking)
  3. Sit-down Strikes (employees don’t work on premise)
  4. No-strike clause
  5. Secondary boycotts (striking another company that isn’t the employer)
  6. Wildcat strikes (small group strikes without consent or approval of union)
80
Q

When a tenant has been involuntarily evicted due to the landlord not providing a habitable premises.

A

Constructive Eviction

81
Q

When a tenant gives some rights or space.

A

Sublease

82
Q

Debtor can regain property after foreclosure and sale by paying creditor debt obligation.

A

Debtor’s Statutory Right of Possession

83
Q

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.

A

Title VII of the Civil Rights Act

84
Q

Monitors employer compliance with Title VII.

A

Equal Employment Opportunities Commission (EEOC)

85
Q

Intentional discrimination by an employer against an employee.

A

Disparate-treatment Discrimination

86
Q

Latin, refers to a fact that is presumed to be true unless contradicted by evidence.

A

Prima Facie

87
Q

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.

A

Disparate-impact Discrimination

88
Q

Discrimination against members of a majority group, such as white males.

A

Reverse Discrimination

89
Q

An employer is not required to make an accommodation that would cause the employer an ____ _____

A

Undue Hardship

90
Q

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.

A

Constructive Discharge

91
Q

An act that prohibits employment discrimination on the basis of age against individuals forty years of age or older.

A

Age Discrimination and Employment Act (ADEA)

92
Q

An act that prohibits disability-based discrimination in all workplaces with 15 or more workers.

A

Americans with Disabilities Act (ADA)

93
Q

The ADA covers _____ drug addicted users and _____ alcohol addicted users.

A
  1. Former
  2. Current
94
Q

Harassment occurs when sexual favors are demanded in return for job opportunities.

A

Quid Pro Quo

95
Q

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.

A

Hostile Environment

96
Q

What are the 4 defenses that employers can use?

A
  1. Business necessity
  2. Seniority or Merit System
  3. Bona Fide Occupational Qualification
  4. After-Acquired Evidence of Employee Misconduct
97
Q

A unintentional discriminatory action by an employer that is legal based on the employment positions needs and requirements.

A

Business Necessity

98
Q

When discrimination against a protected class is essential to a job. A woman is essential for a position in a women’s clothing store.

A

Bona Fide Occupational Qualification

BLAW II (7 decks)

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