Legal Flashcards

Familiarize yourself with legal concepts in real estate, including property rights, contract law, and statutory requirements.

1
Q

Which real estate term is this?

A formal declaration by a notary public offering proof of authenticity of signatures on a document.

A

Acknowledgment/Jurat

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2
Q

Which real estate term is this?

The actual receipt of notice, such as being served papers in person.

A

Actual Notice

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3
Q

Which real estate term is this?

A legal document that is a form of sworn confirmation or affirmation of particular information.

A

Affidavit

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4
Q

Which real estate term is this?

When competing brokerages agree to split the market, ceasing competition, violating antitrust laws.

A

Allocation of Customers or Markets

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5
Q

Which real estate term is this?

Methods other than court action for managing disputes, like negotiation, mediation, and arbitration.

A

Alternative Dispute Resolution

(ADR)

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6
Q

Which real estate term is this?

A form of dispute resolution where a neutral third party makes a decision, usually binding.

A

Arbitration

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7
Q

Which real estate term is this?

A court order to stop engaging in a specific practice or activity.

A

Cease and Desist Order

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8
Q

Which real estate term is this?

Involves court actions not related to criminal activity or statutes.

A

Civil Litigation

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9
Q

Which real estate term is this?

An addition to a will used to modify the will.

A

Codicil

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10
Q

Which real estate term is this?

Undue and possibly illegal leverage over another party in a contract, often cited to declare a contract unenforceable.

A

Coercion or Duress

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11
Q

Which real estate term is this?

Mixing personal or business funds with client trust funds.

A

Commingling

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12
Q

Which real estate term is this?

A judicial system where court decisions are based on precedent unless a specific reason for distinction is provided.

A

Common Law

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13
Q

Which real estate term is this?

Property ownership arrangement between married spouses, recognized in certain states.

A

Community Property

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14
Q

Which real estate term is this?

A person or party who has filed a written complaint.

A

Complainant

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15
Q

Which real estate term is this?

The legal fiction that an individual received notice even without personal delivery, such as through legal recording.

A

Constructive Notice

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16
Q

Which real estate term is this?

A legal concept barring recovery of damages if the person contributed to their own injury or damages.

A

Contributory Negligence

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17
Q

Which real estate term is this?

Using money that belongs to one person for yourself or another party, which is illegal.

A

Conversion

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18
Q

Which real estate term is this?

A part of the civil court system able to address fairness and equity beyond strict legal limits.

A

Court of Equity

One of the “c”s in “CCRs,”.

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19
Q

Which real estate term is this?

Losses, financial or otherwise, due to a contract breach.

A

Damages

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20
Q

Which real estate term is this?

An individual who has passed away, often mentioned in legal contexts like wills.

A

Decedent

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21
Q

Which real estate term is this?

A response to legal charges aiming to reduce or eliminate liability.

A

Defense(s)

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22
Q

Which real estate term is this?

A monetary judgment sought when foreclosure doesn’t cover the mortgage balance.

A

Deficiency Judgment

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23
Q

Which real estate term is this?

The act of sharing required information, or the information itself.

A

Disclosure

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24
Q

Which real estate term is this?

Creating and maintaining written proof of an action or occurrence.

A

Documentation

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25
# Which real estate term is this? Court options to restore a party to pre-contract conditions other than economic damages.
Equitable Remedies
26
# Which real estate term is this? A legal prohibition preventing contradiction of previous positions or actions.
Estoppel
27
# Which real estate term is this? An exception to a rule, such as tax exclusions or discrimination allowances.
Exemption
28
# Which real estate term is this? Legal proceedings initiated by a landlord to remove a tenant who has overstayed their lease.
Forcible Detainer Suit
29
# Which real estate term is this? Potential consequences a reasonable person would anticipate from their actions.
Foreseeability
30
# Which real estate term is this? Intentional misrepresentation or deceit to deprive someone of property or rights.
Fraud
31
# Which real estate term is this? Process for addressing and resolving disputes or conflicts, generally between employees.
Grievance Resolution
32
# Which real estate term is this? Lawsuit filed without legitimate legal basis, potentially leading to disciplinary action or fines.
Groundless Lawsuit
33
# Which real estate term is this? Will written entirely by hand by the testator without witness or notarization, valid in some states.
Holographic Will
34
# Which real estate term is this? A court order to stop an activity that may be illegal or violate another party's rights.
Injunction
35
# Which real estate term is this? Refers to certain intangible or less tangible, but valuable rights or property, such as copyright, trademark, or patent.
Intellectual Property
36
# Which real estate term is this? An act or event that occurs after a negligent or dangerous action by one party and before the damage that could potentially be caused by that act, breaking the chain of that causation and resulting in causation of a different injury or harm.
Intervening Cause
37
# Which real estate term is this? A person who passes away without a valid will in place is said to have died without a legal directive for distributing their estate.
Intestate
38
# Which real estate term is this? Created by two testators who each leave their estate or portion of an estate to the other.
Joint Wills
39
# Which real estate term is this? Liens that are created as a result of court action.
Judgment Liens
40
# Which real estate term is this? Involves a lender filing suit with a court for the right to sell off the property to make up the money that the defaulting party failed to pay.
Judicial Foreclosure
41
# Which real estate term is this? A section of a notarized document where the notary certifies that the signer personally appeared, was identified, took an oath or affirmation, and signed the document in the notary’s presence.
Jurat
42
# Which real estate term is this? A legal claim made on another person’s property for the purpose of securing or repaying a debt to the holder of the lien.
Lien
43
# Which real estate term is this? Predetermined dollar amounts that will be forfeited, or paid, by the breaching party if a particular type of breach of contract occurs.
Liquidated Damages
44
# Which real estate term is this? A Latin phrase used in real estate law indicating there is or may be litigation involving a particular property. It is a recorded public notice serving to alert other parties.
Lis Pendens
45
# Which real estate term is this? The term for civil lawsuits and other non-criminal actions taken in the public court system.
Litigation
46
# Which real estate term is this? Created during a person’s lifetime to manage assets and/or property while living and then seamlessly devise them after the person passes.
Living Trust/Inter Vivos Trust
47
# Which real estate term is this? A form of alternative dispute resolution used for resolving disputes or conflicts through the use of a neutral third party attempting to bring the parties to an agreement together, generally a non-binding process.
Mediation
48
# Which real estate term is this? False information, whether intentionally misrepresented or not, provided to a consumer or client.
Misrepresentation
49
# Which real estate term is this? The effort by a party injured by another's breach of contract to minimize their damages once realizing that a breach has or is going to occur.
Mitigation
50
# Which real estate term is this? The party appealing a court ruling or seeking specific action.
Petitioner
51
# Which real estate term is this? A written document requesting relief or making claims in a case.
Pleading
52
# Which real estate term is this? Legal process to prove a will's validity and distribute a decedent's property per their wishes.
Probate
53
# Which real estate term is this? To officially announce or publish a statute or court decision.
Promulgate
54
# Which real estate term is this? The primary cause of an accident, even if another reason seems more obvious.
Proximate Cause
55
# Which real estate term is this? Legal concept barring recovery of damages if a person contributed to their own injury or damage, even minimally.
Pure Contributory Negligence
56
# Which real estate term is this? Minimum number of members needed in a board or organization for actions or votes to be valid.
Quorum
57
# Which real estate term is this? Legal concept of an average person's response in a situation to determine reasonableness.
Reasonable Person
58
# Which real estate term is this? Wills where two parties leave their estates to each other.
Reciprocal Wills
59
# Which real estate term is this? Action of placing documents in the public record.
Recordation
60
# Which real estate term is this? Party in a legal action required to respond to charges.
Respondent
61
# Which real estate term is this? Simple wills for small, uncomplicated estates, often a printed form.
Simple Will/Statutory Will
62
# Which real estate term is this? Federal regulation requiring certain transactions to be in writing to be valid.
Statute of Frauds
63
# Which real estate term is this? A lien based in federal or state laws, not requiring the consent of the affected party.
Statutory Liens
64
# Which real estate term is this? The greater or more likely cause when multiple negligent actions could be the proximate cause.
Superseding Cause
65
# Which real estate term is this? An individual with a valid will at the time of death.
Testate
66
# Which real estate term is this? The party making their will.
Testator
67
# Which real estate term is this? Property held by a third party with control over assets, managed by a trustee.
Trusts
68
# Which real estate term is this? Liens that may not have been settled at the time of closing, potentially delaying transactions.
Unreleased Liens
69
# Which real estate term is this? Legal document naming representatives and instructions for asset distribution after death.
Will
70
# Which real estate term is this? When a lessee is physically removed from the property by court order.
Actual Eviction
71
# Which real estate term is this? The presiding hearing officer authorized to act as judge and jury in standard administrative proceedings.
Administrative Law Judge | (ALJ)
72
# Which real estate term is this? A form of law based on statutes where courts approach each case individually, without using precedents.
Civil Law
73
# Which real estate term is this? Monetary compensation for actual damage or injury incurred.
Compensatory Damages
74
# Which real estate term is this? Information with a higher risk of identity theft if released, like bank accounts.
Confidential Information
75
# Which real estate term is this? Indirect losses to the injured party, not directly caused by the incident.
Consequential Damages
76
# Which real estate term is this? When habitability issues force a renter to vacate due to landlord's inaction.
Constructive Eviction
77
# Which real estate term is this? Involves actively agreeing to assume the risk involved in an act made dangerous by negligence.
Express Assumption of Risk
78
# Which real estate term is this? Compensation for being defrauded in a property sale, covering value differences and additional damages.
Fraud Damages
79
# Which real estate term is this? A monetary award for intangible losses like pain and suffering.
General Damages
80
# Which real estate term is this? Information not public knowledge but unlikely to result in identity theft if released.
Private Information
81
# Which real estate term is this? Acceptable level of boasting or embellishment for advertising, such as 'world's greatest' or 'ocean front view.'
Puffery
82
# Which real estate term is this? Damages intended to punish and deter similar actions by others.
Punitive Damages
83
# Which real estate term is this? A deed used to proclaim no interest in a property, conveying no rights.
Quitclaim Deed
84
# Which real estate term is this? Standard for negligent job performance or malpractice by a professional.
Reasonable Professional
85
# Which real estate term is this? Monetary compensation for tangible and economic losses, such as lost wages.
Special Damages