Exam (elaborations)
REE3433, TB chapt 12 and 13, Real Law 4, REE LAW.
REE3433, TB chapt 12 and 13, Real Law 4, REE LAW.
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REE3433, TB chapt 12 and 13, Real Law 4,REE LAW
A developer might comply with the Clean Air Act - ANS-True
A due diligence environmental review typically involves a review of the public records,
interviews and questionnaires with those familiar with the area, a visit to the site, and an
analysis of any environmental records possessed by the seller. What is the name of this
review? - ANS-Phase 1
A landowner who is unaware of a dangerous condition on his property will sometimes
be held liable to invitee injured by that condition - ANS-True
A lawful business, such as a noisy tavern, cannot be declared a public nuisance -
ANS-False
A party who enters the land of another without the landowner's consent will always be
liable for trespass, no exceptions. - ANS-False
A person who has not been negligent and has not intentionally caused injury may still
be liable under tort law for another kind of action - ANS-True
A restrictive covenant may establish a more limited use of land than allowed by a zoning
ordinance - ANS-true
A restrictive covenant will still be enforced if: - ANS-it is more restrictive than the zoning
ordinance
A traveling salesman who calls upon a homeowner to sell his wares would initially be
considered an invitee - ANS-False
A trespasser faces potential liability for: - ANS-all
A trespasser faces potential liability for: - ANS-Nominal, compensatory, punitive
damages
Although the Environmental Protection Agency is an independent administrative
agency, its head can be removed by the president without giving a reason. - ANS-True
, Although the EPA is an independent administrative agency, its head can be removed by
the president without giving a reason. - ANS-True
American environmental policy tends to be consistent even when one political party
replaces another in the presidency. - ANS-false
An acknowledgement made by a notary of the grantor's and the witnesses' signatures is
not required to make a deed legally valid, but it is required for recordation - ANS-True
An innocent purchaser of land will not be held liable for environmental cleanup if he first
conducts a due diligence environmental review. - ANS-true
Carl, an avid environmentalist, sued a large steel mill in his town under a theory of
private nuisance. Carl lived across town from the mill and Carl was not direclty affected
by the action of the steel mill. Carl's lawsuit will most likely be dismissed because this
action is beyond the limits of private nuisance - ANS-True
Even though restrictive covenants are agreements made among private parties, they
can still violate the U.S. Constitution and some covenants, especially in older
documents, are simply not enforceable. - ANS-true
Even though they are not created by a governmental entity, if they restrict racial
minorities' right to buy land they are unconstitutional - ANS-restrictive covenants
Examples of a public nuisance include: - ANS-Anything involving public (lead paint)
Examples of a public nuisance inlcude - ANS-running a house of prostitution and
operating a lawful tavern with disturbing tactics
Federal and state governments use three methods to acquire privately owned land.
Which is not one of them? - ANS-zoning
Generally a court may substitute its opinion for that of an agency, so long as the
"ripeness" requirement is met. - ANS-True
Generally, a covenant not to compete is a clause in a lease stating that other tenants
shall not engage in a certain business similar to the business of the tenant in the lease
at hand. - ANS-True
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