REAL 4000 Midterm Review
When courts look to prior cases, either local or out of state, regarding any types of laws or previous
decisions, what is that known as? - Precedent
What is the highest law within the United States? - The U.S. Constitution.
What is the order of priority in regards to the law? (Bottom to Top Pyramid) - U.S. Constitution
Federal Legislative Enactments (Statutes)
Federal Administrative Regulations
State Constitution
State Legislative Enactments (Statutes)
State Administrative Regulations
County Ordinances
City and Borough Ordinances
Private Law (Case Law / Common Law)
COURT DECISIONS BASED ON ALL PREVIOUS LAWS.
What establishes Federal Law as "the supreme law of the land" in the U.S.? - The Supremacy
Clause of the U.S. Constitution.
True or False: The Bill of Rights (1st through 10th Amendments to the U.S. Constitution) protects our
natural rights from Federal and State government power. - True
What is the 4th Amendment? - Prohibits searches and seizures of persons/property without
probable cause.
True or False: The 5th Amendment does not prohibits Federal gov't from depriving (regulation) any
person of life, liberty or property without due process of law. - False.
What does U.S.C § mean? - United States Code, Section :
,What carries out the lawful purposes of the Constitution (Fed/State)? - Legislative Enactments.
What carries out the lawful purposes of the legislative enactments (Fed/State)? - Administrative
Regulations.
What are Uniform Laws? - Laws written to be applied throughout all the states. Each state has to
decide whether to adopt them or not via a vote.
What does the County, City, and Local Ordinances refer to? - Often "Uniform Laws"; they cover a
wide range of regulations regarding zoning, building development, noise, permits, taxes, etc.
What is Law? - The collection of rules for the operation of society as established by the sovereign
government.
True or False: Private law consists of rules, regulations, and contracts created by the government. -
False.
How can Private Law be enforced like public law? - Through the court system.
What is Case Law? - Laws made by the courts through their decisioning.
True or False: Court decisions apply constitutions, statutes, regulations, ordinances, and contracts to
make "Case Law". - True.
.
True or False: When courts face a decision in which their is no prior case/precedent, they look to
historical common doctrines to help inform on their ruling, known as "Common Law". - True.
28 U.S.C. §1 is a citation to: - Federal Legislative Statute.
, True or False: The Gallagher Amendment and the TABOR (Tax Payers Bill of Rights) are amendments to
the Colorado Constitution that don't affect real property in Colorado. - False.
What is "Stare Decisis"? - Latin for "let the decision stand".
In the North Caroline Swine Farm Nuisance Litigation, What was the facts, issue, rationale, decision, and
rule of law? - The issue was that 26 plaintiffs lived near Murphy-Brown LLC property which
consisted of hog operations which brought smells, trash, sounds, and traffic near the plaintiffs property.
They brought a nuisance suit, and Murphy-Brown called for summary judgement on the fact that the
plaintiffs lacked standing as they did not hold lawful rights to the property they resided.
The court denied the defendants motion due to the law which stated "Lawful occupancy of affected
properties is sufficient to confer standing for a claim for private nuisance.".
The form of law they applied was "Case Law", as they looked to a prior case known as Kent V.
Humphries" with a similar situation.
What is "Real Estate"? - Land, Improvements, and Natural Resources.
True or False: "Real Estate" is intangible Property. - False.
True or False: The Habendum Clause is the "Granting Language" in any article of conveyance. -
True.
What are the three types of "interests" in land? - Possessory, Non-Possessory, and Potential.
True or False: Interests can include only present rights to the physical space - False.
True or False: Possessory interests can also be divided by "time". - True.
When courts look to prior cases, either local or out of state, regarding any types of laws or previous
decisions, what is that known as? - Precedent
What is the highest law within the United States? - The U.S. Constitution.
What is the order of priority in regards to the law? (Bottom to Top Pyramid) - U.S. Constitution
Federal Legislative Enactments (Statutes)
Federal Administrative Regulations
State Constitution
State Legislative Enactments (Statutes)
State Administrative Regulations
County Ordinances
City and Borough Ordinances
Private Law (Case Law / Common Law)
COURT DECISIONS BASED ON ALL PREVIOUS LAWS.
What establishes Federal Law as "the supreme law of the land" in the U.S.? - The Supremacy
Clause of the U.S. Constitution.
True or False: The Bill of Rights (1st through 10th Amendments to the U.S. Constitution) protects our
natural rights from Federal and State government power. - True
What is the 4th Amendment? - Prohibits searches and seizures of persons/property without
probable cause.
True or False: The 5th Amendment does not prohibits Federal gov't from depriving (regulation) any
person of life, liberty or property without due process of law. - False.
What does U.S.C § mean? - United States Code, Section :
,What carries out the lawful purposes of the Constitution (Fed/State)? - Legislative Enactments.
What carries out the lawful purposes of the legislative enactments (Fed/State)? - Administrative
Regulations.
What are Uniform Laws? - Laws written to be applied throughout all the states. Each state has to
decide whether to adopt them or not via a vote.
What does the County, City, and Local Ordinances refer to? - Often "Uniform Laws"; they cover a
wide range of regulations regarding zoning, building development, noise, permits, taxes, etc.
What is Law? - The collection of rules for the operation of society as established by the sovereign
government.
True or False: Private law consists of rules, regulations, and contracts created by the government. -
False.
How can Private Law be enforced like public law? - Through the court system.
What is Case Law? - Laws made by the courts through their decisioning.
True or False: Court decisions apply constitutions, statutes, regulations, ordinances, and contracts to
make "Case Law". - True.
.
True or False: When courts face a decision in which their is no prior case/precedent, they look to
historical common doctrines to help inform on their ruling, known as "Common Law". - True.
28 U.S.C. §1 is a citation to: - Federal Legislative Statute.
, True or False: The Gallagher Amendment and the TABOR (Tax Payers Bill of Rights) are amendments to
the Colorado Constitution that don't affect real property in Colorado. - False.
What is "Stare Decisis"? - Latin for "let the decision stand".
In the North Caroline Swine Farm Nuisance Litigation, What was the facts, issue, rationale, decision, and
rule of law? - The issue was that 26 plaintiffs lived near Murphy-Brown LLC property which
consisted of hog operations which brought smells, trash, sounds, and traffic near the plaintiffs property.
They brought a nuisance suit, and Murphy-Brown called for summary judgement on the fact that the
plaintiffs lacked standing as they did not hold lawful rights to the property they resided.
The court denied the defendants motion due to the law which stated "Lawful occupancy of affected
properties is sufficient to confer standing for a claim for private nuisance.".
The form of law they applied was "Case Law", as they looked to a prior case known as Kent V.
Humphries" with a similar situation.
What is "Real Estate"? - Land, Improvements, and Natural Resources.
True or False: "Real Estate" is intangible Property. - False.
True or False: The Habendum Clause is the "Granting Language" in any article of conveyance. -
True.
What are the three types of "interests" in land? - Possessory, Non-Possessory, and Potential.
True or False: Interests can include only present rights to the physical space - False.
True or False: Possessory interests can also be divided by "time". - True.
