Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

BLAW 2 > Test 1 > Flashcards

Test 1 Flashcards

1
Q

What is considered lost

A

items that the owner unintentionally loses and does not know where it is

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what is considered mislaid

A

items that the owner intentionally put something somewhere with the intention of finding it, but then forgets where it is

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what is considered abandoned property

A

items where the owner intended to leave it, but is in a clear condition such that the owner doesn’t intend on returning to it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what is the finders rights to lost/mislaid/ abandoned property

A

Lost- finder has the superior right after a month

Mislaid- establishment has ownership over property if the true owner hasn’t made a timely claim (1m)

Abandoned property- the one who finds it has superior right to the item

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the statue of limitations for an owner’s interest in lost/mislaid property

A

1 month

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Define real property

A

Land and those things that are physically attached to the land, items that are uniquely suited for the land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the law regarding fixtures attached to real property

A

fixtures are part of the land if they are uniquely suited for the land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the considerations in determining a fixture

A

strength of affixation, extent of ownership interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

criteria for bailment

A

the true owner of the item transfers their property to another with the expectation of its immediate return

must be accepted by the bailee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

treatment of hidden or undisclosed items within a bailed good

A

Be aware of what might be in there (jacket would have a cell phone not fine jewelry. if jewelry is missing the person taking care of it is not liable.)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

bailee obligation during sole benefit of bailor

A

slight care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

bailee obligation during mutual benefit

A

reasonable care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

bailee obligation during sole benefit of bailee

A

highest degree of care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Elements of a gift

A

Intent to give, delivery, and acceptance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

gift causa-mortis

A

the one that the gift was made for keeps it, not part of the state, can be questioned if one person gets all the gifts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

fee simple absolute

A

the grantee holds ownership over the land with no restriction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

fee simple determinable

A

ownership with condition on the land, if it is broken land goes to the owner immediatley

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

fee simple subject to a condition subsequent

A

if condition is broken, there is a limited time for the party to get land back

19
Q

joint tenancy

A

multiple people own property together with equal rights and responsibilities, if one dies the interest is split among the other owners.

20
Q

tenancy in common

A

multiple people share land with flexible ownership, if one party dies the ownership goes to the heirs not the rest of the owners

21
Q

life estate

A

if there is no will, the wife can stay on the land for the duration of lives, even if excluded from will

22
Q

community property

A

property in which is bought during the marriage, separate becomes community when the other spouse helps in the maintenance

23
Q

separate property

A

property brought to the marriage

24
Q

townhome liability for neighborhood fees

A

they can foreclose

25
Q

condo owner liability for neighborhood fees

A

less likely of foreclosure, more of a breach of contract to the lessor

26
Q

contract for deed if early termination

A
27
Q

mortgage if early termination

A
28
Q

implied/presumed knowledge for zoning ordinances form the buyer

A

presumed if purchasing property, you know of neighborhood patterns of development

there is no obligation for the owner to give notice

29
Q

criteria for adverse possession (squatting)

A

continuous possession (privity- legal connection counts) , open possession (obvious he is there), actual possession, exclusive possession,

30
Q

general warranty

A

Highest level of protection, protects from previous issues with property even from several owners, gives proof of ownership

31
Q

bargain and sale

A

indicates only seller holds the title, offers no guarantees for the buyer against other claims to the property

buyer subject to existing claims or title defects

32
Q

special warranty

A

Warrants against problems or encumbrances only during the grantor’s ownership

does not guarantee against defects that existed before the granter aquired the property

33
Q

quit claim deed

A

a legal document used for transferring real estate ownership without a sale

Offers no warranties, guarantees, title insurance

34
Q

easement appurtenant

A

grants the right to use another person’s property for a specific and limited purpose.

Easements don’t go away with the transfer of property

court order, subdividing land, needed for reasonable use, result from continuous use overtime

35
Q

variance

A

permanent excuse not to follow and ordinance

36
Q

non conforming use

A

giving the party time to come up to code

37
Q

breach of warranty of quiet enjoyment

A

It ensures that tenants have the right to peaceful and undisturbed possession of the leased premises.

38
Q

warranty of habitatability

A

requires landlords to maintain their property in a habitable condition, even if the lease does not explicitly mandate repairs.
It ensures that tenants have a safe, sanitary, and livable home.

39
Q

constructive eviction

A

when a landlord takes actions that significantly interfere with a tenant’s use and enjoyment of the premises, even though there is no physical or legal eviction, requires interference, tenant notice, reasonable vacating

40
Q

treatment of withholding total monthly rent for unrepaired violations

A

You will get evicted. rather pay for repairs yourself and deduct the cost from rent

41
Q

periodic tenancy

A

no specific ending date. Notice is required, which is usually specified either in the initial lease or by state law.

42
Q

estate for years

A

the ending date of the lease is specified from the beginning. This is the date that the tenant is expected to vacate the property

43
Q

tenancy at will

A

property tenure that can be terminated at any time by either the tenant or the owner/landlord. It exists without a contract or lease and it usually doesn’t specify the duration of a tenant’s rental or the exchange of payment

44
Q

tenancy at sufferance

A

is someone who has stayed in the rental after their lease has expired but who has not yet been asked to leave by the landlord

BLAW 2 (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions