Law Flashcards

Property and the Law

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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
Q

Who is the FCA

A

Financial Conduct Authority

26
Q

Who are the FSA

A

The Financial Services Authority

27
Q

What is Binding Judicial Precedent

A

Court judgement highlighted as important

28
Q

What is ‘Tenure’

A

Legal right to use the land eg. Freehold, leasehold & commonhold

29
Q

What are planning issues

A

Rights under legislation conveying parameters which owners can use or develope the land/property eg. Residential/commercial/new adaptations/construction

30
Q

What are rights of way, light & other easements or covenants

A

Legal rights defined in the deeds. Eg. Restrictions and access

31
Q

Who are the NHBC

A

National House Building Council

32
Q

What is the ADR

A

Alternative Dispute Resolution

33
Q

Who are the DCLG

A

Department for Communities & Local Government

34
Q

What is the time limit laid down by the Limitation Act 1980 re property damage

A

Within 6 years of the cause of action

35
Q

What are the 6 problems areas of negligence

A
  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