Legal Aspects Final Exam 2022/2023 With Complete Solutions.

Because the United States started as an English colony, our legal system is a mix of common law and civil law Which of the following is not one of the four main sources of law? Contract law Based on the two broad categories of law, which one covers typical cases involving contracts and property ownership? Civil law The California _________ is the highest court level and all courts in California are bound by its decisions. Supreme Court Some courts recommend that parties solve their case in a less costly, quicker, and less formal litigated manner. What is the process called? Alternative dispute resolution Remedies to compensate the plaintiff for any injuries fall into two categories—legal and equitable. Essentially, legal remedies are monetary and equitable remedies are based on fairness and conscience. Which of the following is an equitable remedy? Quiet title What are the legal rights attached to ownership of real property? Bundle of rights Which of the following is not personal property? Insurance policy Natural attachments are growing plants attached by their roots, such as trees, shrubs, and flowers. How are naturally occurring plant growth, such as grasses, trees, and shrubs, classified? Fructus naturales Farmer Frank raises vegetables in the San Joaquin valley and irrigates the crops with water from a creek that crosses his land. Which statement is correct? All water within California is the property of the State. Which legal description includes the use of landmarks and monuments? Metes and bounds What system describes property by identifying the registered lot and block on a recorded subdivision plat? Recorded plat system The most complete interest that someone can own in a parcel of real property in California is known as a: fee simple absolute. In which type of life estate, would Robert have a future interest as a remainderman? Estate in reversion A __________ has a duration that is determined by the term or frequency of the payment of rent. periodic tenancy Once an abstract of judgment is recorded, it creates an involuntary __________ lien that applies to all parcels of real property owned by the judgment debtor in the __________. general / county Which of the following does not affect the physical use or condition of the property? Profit-à-prendres Which of the following is sometimes said to "run with the land"? Appurtenant easement Which is not required for a declaration of homestead to take effect? Witnessed Which power of government allows private property to be taken for public use? Eminent domain The document sometimes referred to as the constitution for all other land use within a city or county is known as: the general plan. Jack has been operating an asphalt batch plant on a parcel where the zoning does not permit it. The local city has filed a lawsuit to make him stop the activity because it is not permitted and because fumes from the plant annoy his neighbors. The city's action to force him to stop the activity is known as: condemnation. The law giving the city or county authority to control the orderly and proper development of the community is called the: State Housing Law. ABC Industries has had its headquarters on a certain parcel of land for many years. The city with jurisdiction over the property has decided that this is the best parcel for the construction of a new jail. It approaches ABC and offers it appropriate compensation for the property, including the cost of relocating the headquarters to a new space. The city's intended action: is probably a valid taking under the city's power of eminent domain. Which federal act prohibits the discharge of pollutants in natural waters in order to create bodies of water that are clean enough for recreational swimming and fishing? Clean Water Act The statute that requires a California state or local agency, such as a city or county, to conduct an environmental review of most public and private projects is the: California Environmental Quality Act. What is the commonality of large trees, intersections of two roads, rivers, lakes, or other natural breaks? Agreed boundary lines What is the name for a fence that lies exactly on the boundary line separating two properties? Division fence What is conduct outside the property that substantially interferes with another's right to the reasonable use and enjoyment of his or her property? Nuisance Tim built a pool house, part of which extended eight feet into Donna's backyard. Then he added some hardscaping and fenced it with a six-foot redwood fence. Which of the following is a remedy that Donna should not use to obtain relief from the encroachment? Donna can hire a general contractor to demolish the entire pool house. When is an owner of a tree not responsible when a tree branch breaks off in a storm, causing damage to property of an adjoining owner? The tree is well maintained. To be valid according to the California Civil Code, solar easements: must be written. Which is probably the easiest way to own real property? Ownership in severalty An uncle left his nephew 2/3 interest and left his nephew's wife 1/3 interest in real property jointly and without the right of survivorship. They will assume title to an estate that is classified as: tenancy in common. The words "time, title, interest, and possession" are most closely related to which type of concurrent ownership? Joint tenancy A will, which transfers one-half of the community property made by one spouse only, is considered: dishonest. In what type of business structure is each owner jointly and severally liable? General Partnership Which type of CID uses a proprietary lease? Cooperative Property is alienated voluntarily by all of the following, except by: eminent domain. Tom plans to convey a parcel of land to his friend Alice as a gift. He prepares a deed, signs it, and is on his way to Alice's house to give it to her when he dies of a heart attack. Alice and Bob are the first ones to find him and discover the deed clutched in his hand. Alice later records the deed, but Tom's heirs challenge the validity of the conveyance. What do you expect a court would rule in this situation? Tom's intent to convey the property to Alice was ineffective because he died before he was able to deliver the deed. Besides leaving property through a trust, what is another instrument that a person can use to pass property to someone else when he or she dies? Holographic will A person who is intestate: effectively dies without a will. What is the commonality of the words hostile, open, notorious, and adverse? The requirements to obtain property belonging to another through adverse possession. Which is considered a sudden change to land? Accretion What type of notice does recording any conveyance pertaining to real property give to subsequent purchasers and mortgagees? Constructive notice What is the main purpose of the Real Estate Law? Ensure fair and equitable closings If the Commissioner pays a judgment on behalf of a broker or salesperson from the Consumer Recovery Account, the license is automatically suspended. Can the license be reinstated? Yes, by paying full reimbursement plus interest to the CalBRE. All of the following activities require a person to have a real estate license, except: doing clerical work for a real estate broker Of the following, who is exempt from the real estate licensing requirements? Person dealing with his or her own property Dan asked Fred to join him as a partner in running his real estate business. What type of license must Fred have? Broker license Who has the power to restrict, suspend, or revoke a real estate license? Commissioner Broker Barry wanted to be sure that all of his sales associates charged the same percentage when they obtained listings from sellers, so he had his standard commission fee printed in all of the company's listing agreements. Why is this a violation of the Real Estate Law? Commission rates are negotiable between brokers and sellers and cannot be preprinted in the agreement. Common law agency is governed by: authority from customs originating in pre-colonial England. A principal delegates ongoing duties to an agent under his or her employ in a: general agency. An agency relationship created by words or actions of the agent is a(n): implied agency. A broker can act as a dual agent with written consent from both the buyer and seller. An agency created by __________ occurs when a principal causes a third party to believe that another person is acting as the principal's agent. estoppel A fact that would prevent a buyer from authorizing an agent to purchase a property had he or she known about the fact is a: material fact.