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
2
Q
Property capable of being moved.
A
Personal Property
3
Q
What are the three elements required for a gift to be effective?
A
- Donative intent on part of the donor
- Delivery
- Acceptance by the donee
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
5
Q
A gift made in contemplation of imminent death.
A
Gift Causa Mortis
6
Q
A gift made during the donor’s lifetime.
A
Gift Inter Vivos
7
Q
An effective delivery requires that the donor give up complete ___ and ___.
A
Domination and Control
8
Q
When someone adds value to a property by the use of either labor or materials gets possession of the property.
A
Accession
9
Q
Property that has been voluntarily placed somewhere by the owner and then inadvertently forgotten.
A
Mislaid Property
10
Q
Property that is involuntarily left.
A
Lost Property
11
Q
Property that has been discarded by the true owner who has no intention of reclaiming title to it.
A
Abandoned Property
12
Q
The delivery of personal property, without transfer of title, by one person to another.
A
Bailment
13
Q
What are the 3 ordinary bailments?
A
- 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.
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
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
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
17
Q
What are the 5 ways to acquire property?
A
- Possession
- Production
- Gift
- Accession
- Confusion
18
Q
What are the 4 types of rights and properties that falls into real property rights?
A
- Land and structures
- Airspace and subsurface rights
- Plant life and vegetation
- Fixtures
19
Q
An estate that lasts for the life of some specified individual.
A
Life estate
20
Q
The owner has the greatest aggregation of rights, privileges, and power possible.
A
Fee Simple Absolute
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
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
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
24
Q
Persons who share ownership rights simultaneously in particular property.
A
Concurrent Ownership
25
Neither spouse may separately transfer his or her interest during his or her lifetime unless the other spouse consents.
Tenancy by the Entirety
26
When each spouse technically owns an undivided one-half interest in the property.
Community Property
27
An express contract that states that the property is leased for a specified period of time.
Fixed-term Tenancy (Tenancy for Years)
28
A lease that does not specify a term but does specify that rent is to be paid at certain intervals (weekly, monthly).
Periodic Tenancy
29
A lease that either party can terminate the tenancy without notice.
Tenancy at Will
30
The mere possession of land without right.
Tenancy at Sufferance
31
The right of a person to make limited use of another person's real property without taking anything from the property.
Easement (nonpossessory interests)
32
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)
33
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)
34
The revocable right of a person to come onto another person's land.
License
35
Contains the greatest number of warranties and thus provides the most extensive protection against defects of title.
General Warranty Deed
36
Warrants only that the grantor or seller held good title during his or her ownership of the property.
Special Warranty Deed
37
Offers the least protection against defects in the title.
Quitclaim Deed
38
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
39
Referred to as the condemnation power of government, a taking.
Eminent Domain
40
When a government simply takes private property from a landowner without paying any compensation, causing legal action from the landowner.
Inverse Condemnation
41
The tenant transfers his or her entire interest in the lease property to a third person.
Assignment
42
Landlord must provide 3 things for tenants on their property.
1. Possession
2. Quiet Enjoyment
3. Reasonable use of the premise
43
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
44
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
45
When the debt is past due, a creditor can bring legal action against the debtor to collect the debt.
Judical Liens.
46
A court-ordered seizure and taking into custody of property before a judgement is obtained on a past-due debt.
Writ of Attachment
47
An order that directs the sheriff to seize and sell any of the debtor's nonexempt real or personal property,
Writ of Execution
48
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
49
When a life estate ends, and there is no remainder or other interest, the estate returns to the original owner.
Reversion
50
A fee simple that goes away when the one condition isn’t met.
Fee Simple Defeasible
51
A fee simple that is lost and requires court.
Fee on a Condition Subsequent
52
Gives a person owning an interest the right to ownership of the property upon the death of the owner of the life estate.
Remainder
53
The defaulting buyer has a chance to regain title and possession after default.
Equitable Right of Redemption
54
A promise made by a third person to be responsible for the debtors obligation.
Suretyship
55
A promise by a third person to be responsible for the debtors obligation AFTER the principal debtor defaults.
Guaranty
56
What are the 3 rights of sureties and guaranties?
1. Right of Subrogation
2. Right of Reimbursement
3. Right of Contribution
57
Any right the creditor had against the debtoor now becomes the right of the surety.
Right of Subrogation
58
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
59
What are the 5 types of exempted personal property?
1. Household furniture
2. Clothing and personal possessions
3. A vehicle for transport
4. Certain animals
5. Equipment used for business
60
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
61
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
62
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
63
The insured has a grace period of 30 or 31 days within which to pay an overdue premium.
Antilapse Clause
64
What are the 3 duties of the insurer?
1. Duty to investigate
2. Duty to defend
3. Duty to pay
65
What are the 3 duties of the insured?
1. Pay premiums
2. Notify insurer in a timely matter of an event
3. Cooperate with insurer
66
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
67
What are the 3 exceptions for employment at will?
1. Tort Theory
2. Contract Theory
3. Public Policy
68
An act that allows employees to take time off work for family or medical reasons, or military service.
Family and Medical Leave Act (FMLA)
69
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)
70
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)
71
An act that placed caps on the number of visas that can be issued to immigrants each year.
Immigration Act
72
A lawful permanent resident can prove his or her status to an employer by presenting...
I-551 Permanent Resident Card
73
An act that permits and protects peaceful strikes, picketing, and boycotts.
Norris-LaGuardia Act
74
This act established the rights of employees to engage in collective bargaining and to strike.
National Labor Relations Act (NLRA)
75
An act that outlawed "closed shop", and prohibits unions from refusing to bargain with employers, or cause featherbedding.
Labor-Management Relations Act (LMRA)
76
A prohibited action to hire more employees than the employer needs as a form of striking.
Featherbedding
77
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)
78
The process by which labor and management negotiate the terms and conditions of employment.
Collective Bargaining
79
What are the 6 illegal forms of striking?
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
When a tenant has been involuntarily evicted due to the landlord not providing a habitable premises.
Constructive Eviction
81
When a tenant gives some rights or space.
Sublease
82
Debtor can regain property after foreclosure and sale by paying creditor debt obligation.
Debtor’s Statutory Right of Possession
83
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
84
Monitors employer compliance with Title VII.
Equal Employment Opportunities Commission (EEOC)
85
Intentional discrimination by an employer against an employee.
Disparate-treatment Discrimination
86
Latin, refers to a fact that is presumed to be true unless contradicted by evidence.
Prima Facie
87
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
88
Discrimination against members of a majority group, such as white males.
Reverse Discrimination
89
An employer is not required to make an accommodation that would cause the employer an ____ _____
Undue Hardship
90
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
91
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)
92
An act that prohibits disability-based discrimination in all workplaces with 15 or more workers.
Americans with Disabilities Act (ADA)
93
The ADA covers _____ drug addicted users and _____ alcohol addicted users.
1. Former
2. Current
94
Harassment occurs when sexual favors are demanded in return for job opportunities.
Quid Pro Quo
95
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
96
What are the 4 defenses that employers can use?
1. Business necessity
2. Seniority or Merit System
3. Bona Fide Occupational Qualification
4. After-Acquired Evidence of Employee Misconduct
97
A unintentional discriminatory action by an employer that is legal based on the employment positions needs and requirements.
Business Necessity
98
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
