RE Law & Legal - Ch1 Flashcards
Which state court is knowns as the "people's court?" Family Court Small Claims Court Court of Appeals District Court
Small Claims Court
In a case, the party bringing suit for injury is called the plaintiff attorney defendant judge
plaintiff
Which of the following is not an equitable remedy? Liquidated Damages Rescission Quiet Title Foreclosure
Liquidated Damages
Which body of law is designed to protect the public from harm? Personal Property Law civil law criminal Law tort law
criminal Law
Which of the following is NOT a purpose of laws in our society?
To make association between individuals and governments.
To set standards
To settle disputes
To safegaurd liberties and rights
To make association between individuals and governments.
What is another term given to case law? State law Common law Property law civil law
common law
In a civil case, pleadings refer to counter-claims filed by the defendant. each party's side of the dispute gathering relevant evidence filing suit
each party’s side of the dispute
In the UCC, negotiable instruments are all of the following EXCEPT: cash promissory notes drafts checks
cash
What does not occur during a pre-trial conference?
A trial plan is prepared.
Attorney and parties will revisit the financial costs and unpleasantness of going to trial.
parties may or may not consider settlement
The court enters a pre-trial order
The court enters a pre-trial order
The Bills of Right protects the rights of individuals by
dividing power into three main branches.
laying out the organization and powers of the federal government.
making sure all laws agree with the US Constitution
Limiting government power.
Limiting government power.
Mary and Ben were having a dispute over an employment contract. They agreed to allow a third party to listen to their issues and help them come to a resolution. This is a description of what type of dispute resolution?
Arbitration
Litigation
Mediation
Estoppel
Mediation
the individual state’s common laws of torts and contracts are unique because
they are the same as federal contracts laws.
they can be enforced on a federal or state level.
the powers of these belong exclusively to the state.
they are considered universal.
the powers of these belong exclusively to the state.
What kind of appeal cases go straight to the CA supreme court? Civil Murder Death Penalty Fraud
Death Penalty
It is key for agents to learn about the laws because
they need to be able to memorize them.
they should be able to give their clients legal advice.
they have too many laws that apply to their transactions.
they need to know the origination and support for these rules.
they need to know the origination and support for these rules.
Which federal court reviews IRS rulings?
U.S. Tax Court
Claims Court
U.S. Bankruptcy Court
Appeals Court
U.S. Tax Court
In a civil case, the primary goal is to compensate the injured party for the damage done to him or her by
establishing a case precedent.
awarding either a legal remedy or equitable remedy.
not providing an equitable remedy.
requiring a specific performance from the plaintiff.
awarding either a legal remedy or equitable remedy.
Which of the following is NOT an important source of law in the US?
International Law
US Constitution
local ordinances
rulings of federal, state, and local agencies
International Law
In the US, the primary source of the law comes from
civil law
statues
case precedents
state regulations
case precedents
The law enforces promises through
monitoring our daily activities.
the use of contracts.
the preservation of order.
setting standards.
the use of contracts.
During jury selection, parties may not use preemptory challenges because of an individual’s
bias
race
age
economic status
race
In a typical civil case, the burden of proof is on the
judge
officer of the court
defendant
plaintiff
plaintiff
Which of the following are types of monetary damages EXCEPT
restitution
passive
compensatory
nominal
passive
Another name for common law, which is the overall accumulation of judicial decisions is what?
Constitutional Law
Case Law
Administrative Law
Contract law
Case Law
Certain amendments will be of particular interest to real estate professionals because
they discuss real estate transactions.
they impact property rights.
everyone should know the amendments.
they explain implied powers.
they impact property rights.
