Law Flashcards

Property and the Law

1
Q

What is Criminal Law

A

Crimes against society as a whole. Prosecuted by the state: to deter and punish. Its Public Law involving damage, loss and/or injury

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2
Q

What is Civil Law

A

Protects rights and creates obligations between individuals (individuals can be large public corporations, government departments, local authorities etc..)

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3
Q

What does ‘res ipsa loquitur’ mean

A

The facts speak for themselves

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4
Q

What is legislation

A

Law made or approved by Parliament

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5
Q

What is an “interest” in land

A

A ‘right’: ie. Easement or restrictive covenant

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6
Q

What is a mortgagee

A

The lender

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7
Q

What is a mortgagor

A

The person who has borrowed

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8
Q

What is a ‘profits à Prendre’

A

The right to take from another’s land. The natural produce of that land eg. Grass, gravel, mineral etc…

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9
Q

What is restrictive covenants

A

A right to stop particular land use

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10
Q

What are wayleaves

A

Rights over property, normally established by contract, regarding utilities or passage of minerals

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11
Q

What is a PCC

A

Professional Consultant Certificate

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12
Q

What is a leasehold

A

Exclusive possession/ownership of the estate for a period of time

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13
Q

What are Easements

A

The right to use or restrict the use of another’s land

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14
Q

What does Fiduciary mean

A

Trust

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15
Q

What are proprietary rights

A

Rights bound to a property

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16
Q

What is Adverse Possession

A

Acquiring the title of another’s estate without compensation, by exclusively occupying it for a certain amount of time. An unlawful occupation of land

17
Q

What is Judicial precedent

A

Binding decisions of judges

18
Q

What are the 4 Civil Law subdivisions

A
  1. Law of contract
  2. Law of tort
  3. Law relating to property
  4. Law relating to persons
19
Q

What is ‘freehold’

A

Outright ownership of an estate with absolute tenure

20
Q

What is a quasi easement

A

A right which would be an easement if the land were NOT in common ownership

21
Q

What is a ‘testatrix’

A

A woman who has made a will

22
Q

What is a testator

A

Any person who makes a will

23
Q

What is ‘Fee Simple’

A

Freehold land in absolute possession not subject to conditions or constraints on a transfer or disposition on death

24
Q

What is the HGCRA

A

The Housing Grant, Construction & Regeneration Act 1996

25
Who is the FCA
Financial Conduct Authority
26
Who are the FSA
The Financial Services Authority
27
What is Binding Judicial Precedent
Court judgement highlighted as important
28
What is 'Tenure'
Legal right to use the land eg. Freehold, leasehold & commonhold
29
What are planning issues
Rights under legislation conveying parameters which owners can use or develope the land/property eg. Residential/commercial/new adaptations/construction
30
What are rights of way, light & other easements or covenants
Legal rights defined in the deeds. Eg. Restrictions and access
31
Who are the NHBC
National House Building Council
32
What is the ADR
Alternative Dispute Resolution
33
Who are the DCLG
Department for Communities & Local Government
34
What is the time limit laid down by the Limitation Act 1980 re property damage
Within 6 years of the cause of action
35
What are the 6 problems areas of negligence
1. Judicial immunity situations 2. Pure economic loss 3. Negligent misstatement 4. Pure omissions to act 5. Nervous shock situations 6. Negligent exercise of statutory powers Hint: J. E. M. O. N. S