commercial law far
______ are treated as _______ property based on the presumption that neither party intended such property to become a permanent part of the realty
Trade fixtures, Personal
______ are treated as _______ property based on the presumption that neither party intended such property to become a permanent part of the realty.
Trade fixtures, Personal
Unless _______ are prohibited in the lease, both the ______ and the tenant may transfer their interest in the leased property.
Transfers, landlord
True or false: Using television to defraud the public is a violation of the Mail Fraud Act of 1990.
True
Which of the following is a commonly-recognized defense to a defamation action?
Truth or Privilege
What is the name of the organization that seeks to prepare uniform private laws to promote harmony and unity worldwide?
UNIDROIT
______ is an independent intergovernmental organization that sponsored the 1973 gathering to adopt the Convention Providing for a Uniform Law of a(n) ________.
UNIDROIT, International Will
An owner who wishes to use land in a manner prohibited by zoning laws may seek permission, called ______, from the zoning board or planning commission.
a variance
As a general rule, a valid will requires all of the following: ________. (Check ALL that apply)
a writing , testamentary capacity, testator's signature, attestation
Obtaining another's property by false representation is known as ______.
false pretenses
One of the elements of a crime is a guilty act, otherwise known as: _______.
actus reus
A grand jury indictment is constitutionally mandated in all: _______.
federal felony cases
The government must prove wrongful behavior to punish a criminal offender. This element is also known as: _______.
actus reus
An individual can express their wishes regarding the limits of health treatment through documents called ______ directives.
advance
RICO's prohibition against using funds from criminal activity to purchase or participate in other business enterprises renders it more difficult for legitimate businesses to act as a front for: _______.
criminal enterprises
The purpose of _______ cases is to _______ while the purpose of ________ cases is to ______.
criminal, punish, civil, compensate
Tort litigation has been ______ since 1990.
declining gradually
The transfer of real property is initiated by the execution of the: _______.
deed
The public figure privilege is a defense to a ______ action.
defamation
The tort of disparagement is similar to
defamation.
A(n) ______-term lease automatically expires at the end of the specified term.
definite
The periodic tenancy lease is distinct from the _______ lease because the periodic-tenancy lease is for a(n) _______ time period.
definite-term, indefinite
The requirement for burglary is met whenever a person _____
enters a building without the owner's consent and with intent to commit a wrongful act
The requirement for burglary is met whenever a person ______.
enters a building without the owner's consent and with intent to commit a wrongful act
Jacob claimed that he falsified records submitted to the EPA only because an investigator encouraged him to do so in order to avoid missing a critical deadline. The investigator suggested that Jacob may lose his job if the records were not submitted on time. If Jacob is prosecuted for violation of federal and state criminal statutes, he may be able to assert the defense of: _______.
entrapment
A rent ______ clause allows the landlord to increase the price of rent on the tenant during the lease period.
escalation
Individuals engage in ______ because they want to make sure to provide for their family financially after their death
estate planning
Individuals engage in ______ because they want to make sure to provide for their family financially after their death.
estate planning
Before prosecuting at the federal level, the government will decide if the ______ is sufficient to obtain a conviction.
evidence
The ______ rule holds that all evidence obtained in violation of the constitutional rights spelled out in the Fourth, Fifth, and Sixth Amendments to the United States Constitution is not normally admissible at trial.
exclusionary
The first step in the voluntary transfer of real property is ______, when the deed must be properly drafted and signed by the grantor and grantee.
execution
Transfer of real property is initiated by the ______, or preparation and signing, of the deed.
execution
When a jury considers insanity as a defense to a criminal charge, the testimony of ______ is required.
experts
______ damages are awarded both to punish conduct that is _______ and to deter similar activity by the defendant and others.
extremely outrageous, Punitive
Mistake of ______ as an affirmative defense undermines the prosecution's ability to prove the required element of intent.
fact
________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages(fill in blank)
Blank 1: Nominal
_______ liability insurance protects those who pursue certain careers, such as attorneys and accountants, from liability associated with their work-related activities. (fill in blank)
Blank 1: Professional
________ is the process in which government places restrictions on the use of property to protect the health, safety, and welfare of citizens. (fill in blank)
Blank 1: Zoning
The insured and insurer express their ________, Incorrect Unavailable in a document called a policy. (fill in blank)
Blank 1: agreement or contract
Types of co-ownership of real property include tenancy in ______ , joint tenancy, and tenancy by the entirety.(fill in blank)
Blank 1: common or commons
Strict liability torts occur when the __________ takes an action that is inherently dangerous and cannot ever be undertaken safely. (fill in blank)
Blank 1: defendant
Easement and profits can be transferred by _____ agreement,_____ , necessity, implication, or prescription.(fill in blanks)
Blank 1: express or expressed Blank 2: inheritance
The _______ and insurer express their agreement in a document called a policy. (fill in blank)
Blank 1: insured
The _________ , Incorrect Unavailable, sometimes called the underwriter, receives payments from the insured party. (fill in blank)
Blank 1: insurer
Torts against persons, torts against property, and torts against economic interests are known as _________ torts. (fill in blank)
Blank 1: intentional
Like tenants in common, ___________ tenants may sell their shares without the consent of the other owners, as well as have their interest attached by creditors. (fill in blank)
Blank 1: joint
In many judicial settings, the judicial officer is called a(n) ______(fill in blank)
Blank 1: magistrate
The lowest ranking judicial officials are known as(fill in blank)
Blank 1: magistrate or magistrates
Easements and profits can be transferred by express agreement, inheritance, _____ , ______ , or __________ . (fill in blank)
Blank 1: necessity, Blank 2: implication, Blank 3: prescription
A landlord's failure to have working smoke detectors in a residential apartment building would likely be classified as a(n) _________ offense. (fill in blank)
Blank 1: petty
Factors juries usually consider in determining the amount of ________ damages to be awarded in a tort action include the egregiousness or willfulness of the tort and the wealth of the defendant. (fill in blank)
Blank 1: punitive
The tort of trespass to _________ is also called trespass to real property.
Blank 1: realty
Nominal damages are a(n) _______ (small/large) amount of money given to recognize that a defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages. (fill in blank)
Blank 1: small, minor, little, or minimal
The _________ has a responsibility to keep the premises of which they are in control in a reasonably safe condition and will be liable if an injury occurs in that space. (fill in blank)
Blank 1: tenant
Factors juries usually consider in determining the amount of punitive damages to be awarded in a tort action include the egregiousness or ________ of the tort and the wealth of the defendant. (fill in blank)
Blank 1: willfulness
If the insurer does not provide the insured a(n) _____ to defend the insured from a claim for which he or she is potentially liable, the insurer has ______ the insurance contract.
Breached, attorney
Match the following terms and descriptions.
Bribery = Paying an investigator with the EPA $5,000 to overlook documentation requirements associated with use of certain chemicals correct toggle button unavailable, Extortion = Telling the local mayor that you will disclose her extramarital affair unless she offers you a job in her cabinet correct toggle button unavailable, Fraud = Knowingly misrepresenting the value of a piece of artwork to secure a higher price correct toggle button unavailable
______ is a scheme in which companies bill consumers for optional services they did not order.
Cramming
Which of the following is not a tort classification?
Criminal
Which of the following protections does the Eighth Amendment of the Constitution offer? (Check all that apply.)
Excessive bail shall not be required., Excessive fines shall not be imposed. , Cruel and unusual punishments shall not be inflicted.
_______ is appropriate when an individual commits a crime under the threat of serious bodily harm, but only when the threat of harm is ______ serious than the crime threatened.
Duress, more
A(n) ______ is an irrevocable right to use some part of another's land for a specific purpose without: _______.
Easement, removing anything from it
Which of the following is an accurate statement regarding easements, profits, and licenses
Easements, profits, and licenses do not include the right to possess the property.
Torts against _______ interests are frequently referred to as ______ torts.
Economic, business
To have an _______ interest in property or life, a person must be subject to ______ loss if there is damage or harm to the person or property. (Choose ALL that apply)
Economic, financial, insurable
The ______ Amendment protects against excessive bail.
Eighth
Which method of communication is not covered by the Mail Fraud Act?
Tito tells Sam that he knows about a great investment opportunity in a new computer company. As a result, Sam gives Tito a check for $10,000 made out to Compu-Plus, the new computer company. Compu-Plus is actually Tito's company, and Tito deposits the check in his personal checking account and immediately withdraws $9,500 in cash which he uses as a down payment on a luxury car. Tito has committed what crime?
Embezzlement, because he lawfully had possession of Sam's money and then converted it for his own use.
Examples of white collar crimes include ______
Embezzlement, fraud
In the government's exercise of its power of _______ domain, if the property owner does not want to sell or feels the price offered by the government is too low, the government will initiate a(n) ______ proceeding. The court will determine whether the government has a legitimate ______ purpose for taking the property, and if so, determine the fair market value of the property.
Eminent, condemnation, public
Which of the following is an example of a statutory restriction on land use
Environmental regulations
The degree of force permissible in defense of others is _______ to the degree of force permissible in ______-defense.
Equal, self
Which of the following is not a commonly recognized objective of tort law?
Establish, through judicial precedent, a uniform criminal code
What is the term for the process by which an individual decides what to do with their real and personal property during and after life?
Estate planning
What type of trust is created during the life of the settlor or through a will?
Express trust
______, otherwise known as blackmail, is the making of threats for the purpose of obtaining money or property.
Extortion
True or false: John had too many drinks at the local bar and, while driving home, struck and injured a pedestrian. When John is charged with operating under the influence, he can raise the defense of involuntary intoxication to avoid criminal responsibility.
False
True or false: A criminal defendant is not entitled to each and every protection of the Sixth Amendment. A defendant must choose which right, among those listed in the body of the amendment, should apply.
False
True or false: John has invited his friend, James, back to his place of business for a meeting. While he is there, James takes some cash off of John's desk. James has committed the crime of burglary.
False
True or false: Only the use of fire in burning down the dwelling of another is sufficient to charge a suspect with arson.
False
True or false: There is equal and consistent enforcement of anti-bribery laws in other countries.
False
True or false: Typically, a petty offense carries a penalty of at least a year in prison.
False
______ imprisonment occurs when an individual is confined or restrained against his or her will for an appreciable period of time.
False
Which of the following torts occurs when an individual is confined or restrained against his or her will for an appreciable period of time?
False imprisonment
What are reasons that individuals engage in estate planning? (Check all that apply.)
Promote family harmony, Arrange property to lower taxes, Provide for family financially
The use of deadly force in the defense of ______ is ________ considered justified.
Property, rarely
An agent who is allowed to make medical decisions for a principal who is ________ is called a health care ______.
Proxy, incapacitated
______ disclosure of private facts is a privacy tort.
Public
Which of the following torts occurs when someone publicizes a private fact about another that a reasonable person would find highly offensive?
Public disclosure of private facts
Which of the following damages are awarded to deter similar activity by the defendant and others
Punitive
Which of the following damages are awarded to punish conduct that is extremely outrageous?
Punitive
Which of the following conduct constitutes criminal fraud?
Purposefully overstating earnings to inflate stock values in a company
A(n) ______ deed carries _______ warranties; instead, the grantor simply conveys whatever interests he or she holds.
Quitclaim, no
Which of the following is a federal crime-fighting law?
RICO
If Rosario says Bill is a convicted felon and he is, which of the following statements correctly states Rosario's liability for defamation?
Rosario is not liable for defamation because truth is an absolute defense to a defamation action.
Which act was created to specifically combat white-collar crime?
Sarbanes-Oxley
Which of the following is a commonly recognized objective of tort law?
Satisfy our collective sense of right and wrong
What is the term for the deposit that the tenant pays the landlord to ensure the tenant will fulfill the duties of the lease agreement?
Security deposit
The degree of force permissible in defense of others is _______ to the degree of force permissible in ______-defense
Self, equal
With the implied warranty of ______, the _______ guarantees that everything in the house is of sound construction and in reasonable working order
Seller, habitability
______ is a mutual agreement between a landlord and a tenant to have a tenant give up _______ and interest in a leased property during a lease term.
Surrender, Possession
Which of the following is the most common type of co-ownership of real property?
Tenancy in common
Which of the following is not a type of co-ownership of real property
Tenancy in equity or Joint and several tenancy
In a(n) ______ by ______, one owner cannot sell his or her interest without the other's consent; creditors of one owner cannot attach the property; and if one owner dies, the surviving spouse assumes full ownership.
Tenancy, the entirety
If the tenant fails to leave the property at the end of a lease period, then what type of lease is created?
Tenancy-at-sufferance lease
What type of lease can be terminated by either landlord or tenant at any time?
Tenancy-at-will lease
Which of the following are categories of leases that can be created? (Check all that apply.)
Tenancy-at-will, Periodic-tenancy, Definite-term
Who is responsible for keeping a leased premises in a reasonably safe condition? (Check all that apply.)
Tenant, Landlord
Either the landlord or the ______ may terminate a(n)_______ lease at any time.
Tenant, tenancy-at-will
_______ life insurance usually has no cash ______ value or loan opportunities.
Term, Surrender
What is the term for the requirement that an individual must be old enough and of sound mind to create a valid will?
Testamentary capacity
What is the term for an individual who writes a will?
Testator
A(n) ______ representative is an individual that is chosen by the _______ to manage the the property and pay taxes following death.
Testator, personal
Most constitutional safeguards designed to protect criminal defendants are found in ________.
The BIll of Rights
What federal legislation makes it illegal for a landlord to discriminate against a prospective tenant?
The Fair Housing Act
A(n) ______ grants exclusive rights to ownership and possession of the land and is what most people refer to when they speak of buying a house or piece of land.
fee simple absolute
A(n) ______ is the most complete estate a person may have.
fee simple absolute
If all the legal requirements are met, unless the contrary is stated, the law presume the conveyance is a(n) ______.
fee simple absolute
An interest in real property can be a(n): _______. (Choose ALL that apply)
fee simple absolute, conditional estate, life estate
The _____ absolute interest passes to the owners' _______ when she dies.
fee simple, heirs
Armed robbery of a bank teller likely falls under the classification of (n): ________.
felony
Although white-collar crime does not involve physical violence, there are still significant ______ and ______ costs that result from such conduct.
financial; social
A special warranty deed promises only that the ______ has not done anything to lessen the value of the estate.
grantor
A general warranty deed contains certain warranties or promises by the
grantor.
A properly drafted deed must contain identification of the ______, the person conveying the property, and the ______, the person receiving the property
grantor; grantee
One warranty associated with a general warranty deed is that the ______ will provide any additional documents the ______ needs to perfect his or her title to the property
grantor; grantee
In terms of the various ways to categorize insurance, if the purchaser is neither the insured nor the insurer, it is ______ insurance.
group
The CEO of Orion Chemical Company took money that was intended to be used for bonuses. To find the CEO criminally responsible, the government must prove that the CEO acted with a(n) _______.
guilty mind
Most states assume an implied warranty of ______ in the sale of a new home
habitability
The Department of Justice has said that ______ is its top priority.
health care fraud
Examples of statutory restrictions on land use include ____ and ____
historic preservation statutes; environmental regulations
False imprisonment may occur by a threat to use ______ physical force.
immediate
A(n) ______ warranty of habitability is a requirement that the leased premises be fit for the ordinary residential purposes.
implied
In a divorce, a couple's tenancy by the entirety ownership interest converts to a tenancy _______.
in common
Easements or profits ______ are not dependent on owning property adjacent to the land on which the nonpossessory interest exists.
in gross
A(n) ______ clause prohibits the insurer from delaying payment because it decides to investigate the insurance application for fraud.
incontestability
Before 1991, federal criminal sentencing was ______ with judges allowed -- but not required -- to engage in free-form fact finding before selecting the appropriate punishment within broad statutory ranges.
indeterminate
Liability for injuries generally depends on who _______ in which the injury occurred.
is in control of the area
To prove ______, the government must prove that the defendant acted with purpose, knowledge, recklessness, or negligence, depending on which of these states of mind is required by the law defining the relevant criminal offense.
mens rea
False ______ is a privacy tort.
light
When a doctor commits health care fraud at the expense of patients, criminal penalties could include: _______.
loss of medical license
Typically, after a suspect is arrested and booked, the sufficiency of probable cause for the arrest is raised during the defendant's first appearance before a(n): _______.
magistrate
According to the public figure privilege, courts will not hold people liable for making false statements about public figures, such as politicians and entertainers, as long as the statements were not made with actual ______.
malice
The transfer and distribution of risk is known as risk ______.
management
If the seller has legal title to the property, there are no liens on it, and there are no restrictions of which the buyer is not aware, the title is said to be: _______
marketable
In order to void an insurance contract due to the applicant's misrepresentation of significant information in an insurance application, the insurance company must demonstrate that the misrepresentation was ______, and the company's knowledge of it would have resulted in the ______ of the offer.
material; rejection
The primary type of damages is compensatory damages, typically awarded for: _______
medical expenses, lost wages, pain and suffering
The implied warranty of habitability in the sale of real estate is comparable to the implied warranty of ______ in the sale of goods
merchantability
Potential defenses a criminal defendant may raise to offset the criminal element of intent and avoid conviction are: _______.
mistake of fact, duress, infancy
Consent ______ the element of unwanted. A person cannot commit a battery if the other party consented to the contact.
mitigates
Duress, as a defense, is appropriate when an individual commits a crime under the threat of serious bodily harm, but only when the threat of harm is: _______.
more serious than the crime threatened
In an insurance relationship, the insured party is the one who makes a payment called a(n) ______.
premium
An easement by ______ is created by state law when certain conditions are met
prescription
Although there may be a marketing value in determining consumers' calling habits, using false statements to uncover phone records is an invasion of privacy and a type of criminal fraud called: ______.
pretexting
A suspect will be released by the magistrate if the initial arrest was not supported by
probable cause
The last step in the voluntary transfer of real property is ______, when the deed should be properly filed.
recording
Serious and costly business scandals led to the passage of a federal statute known as the Sarbanes-Oxley Act. One specific industry targeted by the Act is: _______.
registered public accountants
Acting on inside information in the purchase or sale of company stock, or insider trading, involves a breach of a(n) ______.
relationship of trust , fiduciary duty
Discrimination based on race, Discrimination based on sex, Discrimination based on
religion
To prove the tort of fraudulent misrepresentation occurred, the injured party must demonstrate that the defendant intended to have other parties ______ on the misrepresentations
rely
The ______ is the individual who receives the trust corpus when the trust ends.
remainderman
Successful plaintiffs in malicious prosecution and wrongful civil proceedings claims are entitled to damages for harm to ______ caused by the false claims.
reputation, credit, or standing
Zoning commonly restricts the type of use to which land may be put, such as ______, commercial, ______, or agricultural
residential; industrial
When a will is ______, it means the will no longer has any legal effect.
revoked
On the basis of the insurance company application, the insurance company evaluates the ______ and determines whether to accept the offer of the party with the insurable interest to purchase insurance.
risk
Jacob holds a baseball bat over Abigail's head and threatens to hit her unless she hands over her laptop computer. Jacob has committed the crime of: _______.
robbery
Most states define ______ as the forceful and unlawful taking of personal property.
robbery
Wrongfully taking someone's property, with the use of force or fear, is referred to in most jurisdictions as: _________
robbery
The privacy tort of intrusion on an individual's affairs or ______ occurs when someone invades a person's personal affairs or solitude when that person has the right to expect privacy.
seclusion
The Fifth Amendment to the United States Constitution provides protection against: _______. (Check all that apply.)
self-incrimination, double jeopardy
Telemarketing schemes that are designed to bill customers for services they don't receive is known as cramming. The most susceptible targets of such schemes are often: ______.
senior citizens
In a trust, the _______ delivers and transfers legal title to property to a(n) ______ who holds and uses the property for the benefit of a third person. (Choose ONE correct answer)
settlor, trustee
Agent Don Smith of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives has a reasonable suspicion that a small printing business in the downtown area is selling handguns without a license. In order to arrest the owner, Agent Smith will have to: _______.
show probable cause exists to obtain an arrest warrant
The torts of malicious prosecution and wrongful civil proceedings serve ______ functions.
similar
An easement is an irrevocable right to use some part of another's land for a(n) ______ purpose without taking anything from it.
specific
A criticism of the quality, honesty, or reputation of a business or its product is called slander of quality if: _______.
spoken
Tort law is primarily ______ law.
state
The implied warranty of habitability is ______ law.
state contract
The ______ clause is a(n) _______ clause ensuring that after an insurance policy has existed for a specified period, the insurance company cannot contest any statements made in the application.
state-mandated, incontestability
Liability without fault is also referred to as ______ liability.
strict
In order to obtain corporate records during a criminal investigation, it is usually necessary to obtain a(n) ______ from the grand jury.
subpoena
If the insured did not have an insurable interest, the insurance contract is void and: _______.
the insurer is not required to pay on a claim
Amount of rent to be paid by the tenant, Names of the parties must be identified, Length of
the lease
The privacy tort of intrusion on an individual's affairs or seclusion occurs when someone invades any of the following except
the public domain.
The application of vicarious liability to impose criminal penalties on corporate executives when subordinates break the law finds its support in: _______.
the responsible corporate officer doctrine
An arresting officer need not obtain an arrest warrant when: _______.
there is probable cause and no time to obtain a warrant
A ______ is a wrong or injury to another, other than a breach of contract.
tort
A(n) ______ allows a person to transfer property to another person, and then have the property used for the benefit of a third person
trust
If an individual receives income from a(n) ______, then they are considered a(n) ______ beneficiary.
trust, income
Securities fraud, under Sarbanes-Oxley, is a felony punishable by ______ in prison.
twenty-five years
For most crimes, there are ______ elements that must be proven by the government.
two
Compensatory damages are ______ rewarded for pain and suffering, costs of repairing damaged property, medical expenses, and lost wages.
typically
The insurer is sometimes called the: _______.
underwriter
A private nuisance occurs when a person uses her property in a(n) ______ manner that harms a neighbor's use or enjoyment of his property.
unreasonable
Negligent torts occur when the defendant acts in a way that subjects other people to a(n) ______ risk of harm.
unreasonable
Negligent torts occur when the defendant acts in a way that subjects other people to an ______ risk of harm.
unreasonable
When a landlord interferes with a tenant's _______ of the leased property, then the landlord has breached the covenant of _______.
use and enjoyment, quiet enjoyment
In intentional interference with contract litigation, the plaintiff must prove a ______ and ______ contract between the plaintiff and defendant existed
valid; enforceable
In intentional interference with contract litigation, the plaintiff must prove a ______ and ______ contract between the plaintiff and defendant existed.
valid; enforceable
A(n) ______ is generally granted to prevent undue hardship that would otherwise result from zoning laws.
variance
Permission to use land in a manner prohibited by zoning laws is known as a(n)
variance.
Critics of the tort of food disparagement refer to it as ______ libel.
veggie
The tort of _____ (also called ______) provides ranchers and farmers with a cause of action when someone knowingly makes false, damaging statements about a food product
veggie libel, food disparagement
When a United States corporation provides financial incentives to officials in foreign countries in order to avoid local taxes, that corporation has: _______.
violated the FCPA
Threatening your employer with a gun in order to get a raise would not be considered a white collar crime because this conduct involves: _______.
violence
If the insurance applicant makes a misleading or misrepresentative material statement and the insurance company relies on this false statement, the insurance company can ______.
void the contract
In order to avoid publicity, a defendant facing a federal felony charge may ______ the grand jury hearing and allow the charges to be offered by information.
waive
The Fourth Amendment to the United States Constitution typically requires that officials obtain a(n) ______ before searching a home or business.
warrant
The ______ must ensure that repairs are made to the property, or else there may be a breach of the implied ________.
warranty of habitability, landlord
As an example of the restrictions on land use, the doctrine of ______ prohibits some uses and abuses of land
waste
In order to be convicted of bribery, the defendant must have offered something of value to influence a particular decision or acquire information. That something of value must have a minimum dollar value of: _______.
$0
______ a defense to a crime, says the crime was necessary to prevent a more severe crime from occurring. (fill in blank)
Blank 1: Necessity
______ has been declining gradually since 1990.
Tort Litigation
Assuming other requirements have been satisfied, the _______ (CAFA) grants original jurisdiction to the federal courts over any civil action brought as a "class action" with at least ______ class members
100, Class Action Fairness Act
What is the typical grace period allowed in an antilapse clause for payment of an overdue insurance premium?
30 days
Under which of the following circumstances does the tort of trespass to realty not occur?
A person causes an object to be placed on the land of another with the landowner's permission.
What is the term for an entity that allows transfer of property to one person and then have the property's benefit given to another person
A trust
How might a trust terminate? (Check all that apply.)
A trust may terminate when an event occurs., A trust may terminate at a set date.
Which of the following is true about computer viruses?
A virus destroys, rearranges, and/or damages computer data., An effective virus will locate a computer user's email address book and then email itself to other computers through the email system.
What is the term for a legal document that outlines how a person wants his or her property distributed on death?
A will
What is the legal term for when a tenant moves out of the leased premises with no intent to return and is in default of rent payments to the landlord?
Abandonment
______ is when a tenant moves out of a leased premises before the end of term, has no intent to return, and has defaulted on rent payments to the landlord.
Abandonment
What kind of privilege is granted, pursuant to the speech and debate clause of the United States Constitution, to individuals speaking on the House and Senate floors during congressional debate?
Absolute
Which tort applies to the misuse of legal procedure to achieve a different goal than it intends?
Abuse of process
The legal procedures that must be followed to effectuate a transfer of property include all of the following: ________. (Choose ALL that apply)
Acceptance, recording , execution, delivery
In order for a will to be valid, the witnesses must ______ to the will, signing a(n) ________ at the the end of the will.
Acknowledgment, attest
A(n) ______ eviction is where a landlord _______ prevents you from entering a leased premises.
Actual, physically
Which of the following is a situation in which real property is involuntarily transferred
Adverse possession
In ______ possession, a person _______ real property by treating it as her own, without protest or permission from the owner.
Adverse, takes ownership of
What is the term for changes that affect the condition of a leased premises
Alterations
______ are changes that affect the condition of the leased premises and typically cannot be made by the tenants.
Alterations
_____ gifts are donations of any part of a body on death to a _______.
Anatomical, Donee
Which of the following is an insurance provision that provides a grace period in which to make an overdue payment?
Antilapse clause
What length of lease term requires that the lease be in writing?
Any lease over one year
An assault occurs when one person places another in ______ or ______ of an immediate, offensive bodily contact.
Apprehension, fear
Which of the following torts occurs when someone uses another person's name, likeness, voice, or other identifying characteristic for commercial gain without that person's permission?
Appropriation for commercial gain
A(n) ______ or profit is _______ when it runs with land adjacent to the property on which it exists.
Appurtenant, easement
What insurance contract provision forces both the insurer and the insured to submit any dispute to a neutral third party who will listen to the evidence and arguments presented by both parties and render a decision regarding the dispute?
Arbitration clause
A defendant offers a plea to criminal charges brought against him during the ______ and if the plea is not guilty, the case is heard by a(n) ______ jury.
Arraignment, petit
______ is the intentional burning of another's dwelling.
Arson
What is the term for transferring one's entire interest in a leased property to another?
Assignment
Which of the following is not a commonly recognized business tort?
Assimilation
Generally, if a lease exceeds one __________ , then it must be in writing. (fill in blank)
BLANK: year
______ can occur when a debtor hides assets from the court or a creditor files a false claim against the debtor.
Bankruptcy fraud
False light could involve attributing ______ or ______ to a person that he or she does not possess.
Beliefs, characteristics
Which of the following is an agreement that gives temporary insurance until the insurance company decides to accept or reject the insurance application?
Binder
A(n) ______ is an agreement that gives temporary insurance until the _______ decides to accept or reject the insurance application.
Binder, insurer
________ of ____________ applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than it intends. (fill in blank)
Blank 1: Abuse Blank 2: process
An employee who chooses to file suit against their employer for defrauding the government under the ________ Claims Act will receive protection from employer retaliation as a whistleblower. (fill in blank)
Blank 1: False
______ insurance protects a business from tort responsibility to third parties. (fill in blank)
Blank 1: Liability
________ hazard theory suggests that individuals who are insulated from risk sometimes behave differently. (fill in blank)
Blank 1: Moral
Defamation is the intentional publication (or communication to a third party) of a false statement harmful to an individual's ______.
Character, reputation
The tort of abuse of process applies to both ______ and ______ matters.
Civil, criminal
The torts of malicious prosecution and wrongful civil proceedings seek to compensate those wrongfully charged with either ______ or ______ matters.
Civil, criminal
Which of the following refers to the meeting at which the transfer of real estate title actually takes place and delivery and acceptance occur
Closing
In a real estate transaction, the ______ is the meeting at which the transfer of title actually takes place and _______ and _______ occur.
Closing, delivery, acceptance
What is the term for a written amendment or change to an original will?
Codicil
Match the the various forms of bribery.
Commercial bribery = Something of value offered for payoffs or information, Something of value offered for payoffs or information, Public official bribery = Something of value offered to influence a judgment, Something of value offered to influence a judgment, FCPA = Prohibits offering something of value to a foreign official, Prohibits offering something of value to a foreign official
What type of insurance policy protects a business against a broad range of risks that the firm can specify, including personal injury suits by customers and suits by competitors over intellectual property?
Commercial general liability
What is the term for areas that are used by all tenants of leased premises and are maintained by the landlord?
Common areas
Which of the following type of damages is designed to compensate the victim for all the harm caused by the person who committed the tort?
Compensatory
______ damages are typically rewarded for pain and suffering, costs of repairing damaged property, medical expenses, and lost wages.
Compensatory
What is the legal process by which a transfer of property is made against the protest of the property owner
Condemnation
Which of the following are situations in which real property are involuntarily transferred
Condemnation, Adverse possession
A future interest in an estate usually exists in conjunction with a(n) ______ estate or a(n) ______ estate. (Choose TWO correct answers)
Conditional, life
Appropriation for commercial gain occurs when someone uses another person's name, likeness, voice, or other identifying characteristic for commercial gain without that person's ______.
Consent, permission, authorization
What type of trust is created by a court to hold property for its rightful owner?
Constructive trust
Which of the following torts occurs when a person permanently removes personal property from the owner's possession and control?
Conversion
False light is closely related to which of the following torts?
Defamation
The intentional publication (or communication to a third party) of a false statement harmful to an individual's reputation is known as: ______.
Defamation
Which tort is generally defined as the intentional publication (or communication to a third party) of a false statement harmful to an individual's reputation?
Defamation
_______ is frequently considered an absolute defense to a(n) ______ action.
Defamation, Truth
The torts of __________ and _______ both involve the making of a false statement.
Defamation, disparagement
Intentional torts occur when the ______ takes an action intending certain consequences or knowing they are likely to result.
Defendant, tortfeasor
The primary type of damages is compensatory damages, designed to compensate the victim for all the harm caused by the person who committed the tort (also known as the ______)
Defendant, tortfeasor
If due to a disaster, the leased premises have been _______, then the ______ is typically terminated.
Destroyed, lease
______ by computer occurs when erroneous information from a computer about a business's credit standing or reputation impairs the business's ability to obtain credit.
Disparagement
______ is a commonly recognized tort against economic interests.
Disparagement
________ occurs when erroneous information from a computer about a business's credit standing or reputation impairs the business's ability to obtain credit, and the computer information's owner fails to correct the incorrect information in a(n) ______ manner.
Disparagement by computer, timely
Which of the following is not a prohibition of the CFAA?
Downloading or uploading of pornographic images of children under the age of 16
James agreed to sell John his automobile for $400. On the day of delivery, John wrote James a check and took possession of the car. Knowing there were insufficient funds to cover the check, John took possession of the car and left the state. John can be prosecuted for which type of criminal fraud?
False pretenses
What is the term for trusts that seek to promote certain behavior from family members?
Family incentive trusts
Which of the following refers to an item that was originally a piece of personal property, but became part of the realty after it was permanently attached to the real property in question?
Fixture
What is the legal term describing when one party gives up all rights in a leased property because of not fulfilling a part of the lease?
Forfeiture
Match the following types of fraud to the specific conduct.
Forgery = Signing your name on another's check made out to cash and presenting it for payment, False token = Passing counterfeit twenty dollar bills, False pretenses = Representing to another that you are authorized to accept company funds when you are, in fact, not, Health care fraud = Submitting a claim for reimbursement under a patient's health insurance when the patient did not receive any such services
The ______ Amendment protects against any state depriving any person of life, liberty or property.
Fourteenth
The amendment to the United States Constitution which reads that no state shall deprive any person of life, liberty, or property without due process of law is the __________ Amendment.
Fourteenth
If inspectors from the FDA arrive unannounced to inspect your manufacturing plant and criminal charges result from that inspection, you may be able to challenge those charges as a violation of the: _______.
Fourth Amendment
What is the term for when the testator relies on false statements when a will is made?
Fraud
______ misrepresentation occurs when a party uses intentional deceit to facilitate personal gain
Fraudulent
An employee in a health care facility who realizes his employer is submitting _______ claims to _______ can bring a suit for fraud against the employer on behalf of the government.
Fraudulent, Medicare
"Tort" is from a _______ word meaning ______.
French, wrong
What kind of deed contains certain warranties or promises by the grantor
General warranty
Warranties associated with a(n) ______ warranty deed include promises that the _______ owns the interest she is conveying, and that the _______ has the right to convey the property. (choose TWO correct answers)
General, grantor
A(n) ______ warranty deed contains certain _______ or promises by the grantor
General, warranties
In most states, _______ larceny is considered a(n): ______.
Grand, felony
Negligent torts occur when the defendant acts in a way that subjects other people to an unreasonable risk of: ______.
Harm, injury
Zoning is an exercise of police power, the power of the state to regulate to protect the public ______, ______, and ______.
Health, welfare, safety
Which of the following excuses would be viewed as a mistake of law and, therefore, an insufficient basis to avoid criminal responsibility?
I didn't know that buying stock based upon advice from a corporate insider was against the law., I did not know the speed limit.
What is the term for a trust created by the court that has no settlors?
Implied trust
What is the term for the contract principle that requires the landlord to provide a premises be fit for ordinary residential purposes?
Implied warranty of habitability
_____ _____ occurs when an individual is confined or restrained against his or her will for an appreciable period of time.
Imprisonment, False
Which of the following is not a typical impact of a virus on a computer?
Improve the speed of the computer
What type of easements are not dependent on owning property adjacent to the land on which the nonpossessory interest exists
In gross
What is the term for an individual who receives income from a trust?
Income beneficiary
Which of the following is a state-mandated provision ensuring that after an insurance policy has existed for a specified period, the insurance company cannot contest any statements made in the application?
Incontestability clause
The ______ clause is a(n) _______ clause ensuring that after an insurance policy has existed for a specified period, the insurance company cannot contest any statements made in the application.
Incontestability, state-mandated
Although an indictment and an information seem almost identical, there are critical differences. Match up the actions below.
Indictment =Issued by the grand jury based presentation of evidence by the prosecutor, Issued for a felony charge, Information = Presented to the magistrate by the prosecutor, stating the relevant facts and the legal violation, Issued for a misdemeanor charge
In terms of the various ways to categorize insurance, if the ________ party is the one purchasing the policy, it is ______ insurance.
Individual, insured
A(n) ______ estate is granted for the lifetime of a(n) _______
Individual, life
Which of the following is not a requirement for adverse possession
Insidious
Some insurance contracts include clauses that force both the ______ and the ______ to submit any dispute to an arbitrator, a neutral third party who will listen to the evidence and arguments presented by both parties and render a decision regarding the dispute
Insured, insurer
A payment made by the ______ to the insurer in exchange for a later payment in the event of damage or injury to person or property is known as a(n) _______
Insured, premium
A person with absolute privilege cannot be sued for defamation for any false statements made, regardless of ______ or knowledge of their ______
Intent, falsity
______ torts occur when the defendant takes an action intending certain consequences or knowing they are likely to result.
Intentional
When someone deliberately engages in ________ conduct likely to cause extreme emotional distress to another party, the tort of ______ infliction of emotional distress has occurred.
Intentional, outrageous
______ law outlines what happens when an individual dies _______.
Intestate, State
If Amanda dies without a(n) _____, then Amanda is said to have died _____
Intestate, will
Identify the true statements about unlawful appropriation of data or services. (Check all that apply.)
It involves the use of computer by an employee that is not authorized by the employer., It includes the use of office computers by employees to run their personal business.
______ tenants all own equal shares of the property, and on the death of one, the property is divided equally among the surviving co-owners.
Joint
Which of the following forms of co-ownership of real property recognizes equal ownership, with the property being divided equally among the survivors upon the death of one of the co-owners?
Joint tenancy
If an injury occurs in a common area of a leased premises, who will be liable?
Landlord
Under a lease, who has the obligation to turn over possession to a tenant?
Landlord
Who is responsible for ensuring a leased property meets all safety and health codes?
Landlord
The ______ can transfer her rights to receive _______ to anyone.
Landlord, rent
The ______ must ensure that repairs are made to the property, or else there may be a breach of the implied ________.
Landlord, warranty of habitability
Which of the following is not a requirement of battery?
Larcenous
Which of the following is not a nonpossessory estate
Leasehold
The ______ deposit ensures that the _______ will fulfill the duties of the lease agreement. (Choose ALL that apply)
Lessee, security, tenant
Privilege is an affirmative defense in a defamation action; with an affirmative defense, the defendant ______ to the accusation, but argues there is a reason he should not be held ______.
Liable, admits
Which of the following refers to the temporary and revocable right to use another's property?
License
What kind of estate is granted only for the lifetime of an individual?
Life
Amanda Jones was on trial for smothering her child with a pillow. She testified that she saw flames around the child's body and was trying to extinguish those flames. The jury found that Jones was not guilty by reason of insanity because she did not understand the nature of her act, applying the: _______.
M'Naghten test
The _______ also bans the use of wire, radio, and television transmissions to defraud the public, and now includes commercial carriers and courier.
Mail Fraud Act of 1990
Under conditional privilege, a party will not be held liable for ______ unless the false statement was made with actual ______.
Malice, defamation
A(n) ______ who uses a work computer is responsible to do so in a manner only authorized by the employer.
Manager, boss, employee
______ title refers to the seller having legal title to the property, there being no liens on the property, and there being no restrictions on the property of which the buyer is not aware
Marketable
In a criminal prosecution, the government must prove actus reus, a guilty act, and a guilty mind, or ______ ______.
Mens, rea
Torts against persons are intentional acts that harm an individual's ______ or ______ integrity.
Mental, physical
Rent can be paid to the landlord in various forms, such as: _______.
Money, services
______ theory suggests that a person might not lock his or her car because an insurance company covers the risk of theft.
Moral hazard
Which of the following is an accurate statement regarding land use
No one is allowed to use land in a completely unrestricted manner.
On a particularly busy New Year's Eve, a local liquor store sold a six pack of beer to a 19-year old customer. The liquor store was criminally charged under local law. The owner of the store claimed there was no criminal liability because the clerk did not know the customer was under 21. Is this a valid defense?
No, because the liquor store is strictly liable for selling alcohol to a 19-year old.
Which of the following damages are given to recognize that a defendant committed a tort in a case where the plaintiff suffered no compensable damages?
Nominal
When does the insurance policy become effective?
On the effective date
If a landlord prevents a tenant from entering part of the premises, then it is called a(n) ______ eviction and the tenant is released from the obligation to _______.
Partial, pay rent
Which of the following is not an interest in real property someone can have
Personalty estate
Which of the following is not included as part of real property rights?
Personalty rights
Conversion occurs when a person permanently removes personal property from the owner's ______ and ______
Possession, control
A(n) ______ who decides to discontinue an insurance policy can at any time simply stop paying the _______ or tell the insurance company to cancel the policy.
Premiums, insured
In most states, if someone openly uses a portion of another's property for a statutory period, usually 25 years, an easement by ______ arises.
Prescription
Commonly-recognized defenses to a defamation action include ______ and ______.
Privilege, truth
Uniform law that covers areas of _______ including topics from wills to gifts is the Uniform ______ Code
Probate, estate planning
______ liability insurance protects the manufacturer of a good from loss due to damages paid to people injured while using the good.
Product
Which of the following represents the right to go onto someone's land and take part of the land or a product of it away from the land?
Profit
An easement or ______ is appurtenant when it runs with land ______ to the property on which it exists.
Profit, adjacent
The tort of _______ competition exists because United States law protects businesses acting on the ______ motive
Profit, unfair
Which of the following is not one of the three main provisions of the Fifth Amendment to the United States Constitution?
Prohibition against cruel and unusual punishment
______ planning is the process by which an individual decides what to do with _______ property during and after their life.
Real and personal, Estate
______ disclosure of private facts occurs when someone publicizes a private fact about another that a(n) _______ person would find highly offensive.
Reasonable, Public
What is achieved by filing the deed, including any related documents such as mortgages, with the appropriate county office
Recording
______ is achieved by filing the deed, including any related documents such as mortgages, with the appropriate county office
Recording
A(n) ______ terminates when a date occurs or an event happens, such as when a(n) _______ reaches a certain age.
Remainderman, trust
What is the name of a contractual term that allows the landlord to raise the rent on the tenant during the lease period?
Rent escalation clause
The duties and rights of a lease can be classified under which of the following main areas? (Check all that apply.)
Rent, Maintenance, Possession, Use
Slander of quality or trade libel are criticisms of the ______, ______, or ______ of a business or its product.
Reputation, honesty, quality
False imprisonment may occur by physical ______, such as tying someone to a chair.
Restraint, force
______ are promises made by property owners to use or not use their land in particular ways
Restrictive covenants
What is the term for someone that creates a trust?
Settlor
A(n) ______ is the person who creates a(n) ______.
Settlor, trust
What type of defamation is made orally?
Slander
Which of the following is a tort involving false statements related to the ownership of business property
Slander of title
What type of spoken defamation is so inherently harmful that general damages are presumed?
Slander per se
_______ of title is a false statement related to the ______ of business property.
Slander, Ownership
______ of ______ is a false statement related to the ownership of business property
Slander, Title
Statements so inherently harmful that general damages are presumed are known as ______ per se.
Slander, defamation
In a criminal trial, who is viewed as the victim?
Society
The tort of _______ competition applies when someone enters an industry with the ______ intent of driving another firm out of business
Sole, unfair
What type of deed promises only that the grantor has not done anything to lessen the value of the estate
Special warranty
______ life insurance provides coverage for a(n) ________.
Specified term, Term
What is the term for when an individual has an interest in a will and thus, can bring an action in court regarding that will?
Standing
______ liability torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.
Strict
Which of the following is not a type of intentional tort?
Strict liability torts
A(n) ______ is a transfer of tenant interest that in essence creates a new landlord-tenant relationship between the original tenant and the ________.
Sublease, sublessee
A(n) _______ is a landlord-tenant relationship between the original ______ and the sublessee.
Sublease, tenant
Which of the following is not a way easements and profits can be transferred?
Subscription
______ is any tenant conduct that causes permanent and ________ damages to the landlord's property.
Substantial, Waste
Which of the following are criminal cases?
The U.S. Attorney's office has filed charges against an individual for tax fraud., The EPA has filed charges against Mavrex Corp. for illegal disposal of chemicals.
Which party is the person named to receive the insurance proceeds in the event of injury or damage?
The beneficiary
What is the best scenario for how to decide what to do with a decedent's body?
The decedent made his/her wishes for disposition of their body known prior to death.
Which of the following is an accurate statement regarding the degree of force permissible in defense of others?
The degree of force permissible in defense of others is equal to the degree of force permissible in self-defense.
Which of the following must be shown to hold a corporation criminally responsible for the actions of its employees?
The employee was acting within the scope of his or her employment., The employee was acting with the purpose of benefiting the corporation.
_____ against persons are ________ acts that harm an individual's physical or mental integrity.
Torts, intentional
If the tenant under a lease does not gain possession of a premises, who will be liable in a court action?
The landlord -- if they contributed to the reason why tenant was not in possession
What happens at the end of a definite-term lease?
The lease automatically expires.
If a disaster destroys the premises, then what will happen to the lease?
The lease is typically terminated.
What is the most important element of the insurance agreement?
The potential for loss
Abigail Jones was on trial for fraud and embezzlement. Her criminal conduct had resulted in hundreds of senior citizens losing their entire retirement investment. She was convicted by a twelve member jury, nine of whom were over the age of sixty. If Abigail Jone's attorney were to file an appeal claiming the trial violated the Sixth Amendment, which specific provision would likely apply?
The right to a trial by an impartial jury
In order to be valid, who must typically sign a will?
The testator
A will is generally valid if it meets which of the following requirements? (Check all that apply.)
The testator had testamentary capacity when the will was executed., The will is in writing and includes the testator's signature., The will was attested by witnesses.
Which of the following is an accurate statement regarding the degree of force permissible in self-defense?
The victim may respond to the force of an aggressor with comparable force.
Which of the following is a factor juries usually consider in determining the amount of punitive damages to be awarded in a tort action?
The wealth of the defendant
Which of the following is true about computer crimes? (Check all that apply.)
They are easy to commit because computer systems are vulnerable to attack., They are difficult to detect.
What is the main purpose of a will
To clearly express the person's wishes about how property should be distributed after death
______ law is primarily state law.
Tort
What uniform law deals with areas of estate planning including topics on wills and gifts?
Uniform Probate Code
What is the term for recommendations about what legal rules should govern on a particular topic?
Uniform laws
________ force (sufficient to kill or cause serious bodily harm) is _______ where the threat of deadly force does not exist.
Unjustifiable, Deadly
Fit the punishment with the crime under the Sarbanes-Oxley Act.
Up to 20 years in prison = Destruction of documents during a federal bankruptcy investigation, 25 years in prison = Securities fraud , Up to 10 years in prison = Willful failure to maintain audit records and work papers
Corporate managers can be found ________ responsible for crimes committed by lower-level employees under the ______ liability doctrine.
Vicarious, criminally
What is the term for permanent and substantial damage that a tenant causes to a landlord's property?
Waste
A full eviction is where the landlord prevents the tenant from: _______.
entering any part of the premises
When does a periodic-tenancy lease end?
When either the landlord or the tenant gives sufficient notice
Typically, who is liable for an injury that occurs on leased premises?
Whoever has control over the space where the injury took place
Ideally, every person would write a valid ______ that clearly expresses the individual's wishes about how property should be distributed _______
Will, after death
Individuals create a(n) ______ to control their property after death, and determine what will happen to their _______ when they die
Will, children
In addition to the necessity that a testator sign a will, who else is required to sign it?
Witnesses -- in order to attest the will
An information is a formal ______ accusation stating the facts and specifying the violations of _______ law.
Written, criminal
If defamation is ______ in a permanent form, such as in a magazine or newspaper, it is known as libel.
Written, published, printed
Officer Mills was provided with a search warrant to search a suspect's home. During the search, he found illegal narcotics. Later, Officer Mills learned that the search warrant was not supported by a properly authenticated affidavit. Should the narcotics be admissible at trial?
Yes, if Officer Mills acted in good faith.
_______ allows for the orderly growth and development of a community
Zoning
With respect to imposing criminal responsibility on a corporate officer under the FDA, the United States Supreme Court has held that: _______.
a corporate officer can be found criminally responsible when that officer fails to fulfill a legal duty to correct potential violations of law.
In exchange for a real estate loan, the lender receives ______ interest in the property, known as _______
a security, a mortgage
Legal excuses for criminal behavior are known as ______ defenses.
affirmative
Privilege is a(n) ______ defense to a defamation action.
affirmative
Condemnation is the legal process by which a transfer of real property is made ______ the property owner.
against the protest of
Norman points a shotgun at John and demands that John turn over the keys to his car. In most states, Norman would be charged with ______
aggravated robbery
Real property rights include ______, mineral/subsurface and water rights.
airspace
When a will is ______, it means that the testator can change the will.
ambulatory
The written lease that creates a landlord-tenant relationship must contain the following: _______. (Check ALL that apply)
amount of rent, description of the property, length of the lease
Arresting officers must be sure to comply with Miranda v. Arizona, which requires advising the individual being arrested that they have the right to: _______.
an attorney, remain silent
If the insured and the insurance company cannot agree on the _______ of the loss, the insured can demand an evaluation of the loss under the policy's ______ clause.
appraisal, actual value
If ______ for the insured and the insurer fail to agree on the actual value of the loss, they typically submit their different evaluations to a(n) ______ who will resolve the differences.
appraisers; umpire
Some insurance contracts include clauses that force both the insurer and the insured to submit any dispute to a(n) ______, a neutral third party who will listen to the evidence and arguments presented by both parties and render a decision regarding the dispute.
arbitrator
A(n) ______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.
assault
The transfer of a tenant's entire interest in a leased property is called a(n) _______.
assignment
In terms of condominium ownership, the architecture and use of common areas are regulated by a condominium ______, which has the power to levy ______ against the unit owners for maintenance of these areas.
association; assessments
During the initial appearance before a magistrate, John plead innocent to the larceny charges leveled against him. In order to ensure that John was present for subsequent court appearances, the magistrate had the option of sending John to the county jail while the case was pending or setting ______, that is, a sum John would pay the court as security for his appearance.
bail
Before filing for bankruptcy protection under federal law, John transfers his retirement savings to his sister Elizabeth and asks that she act as sole legal owner of the funds. John has committed: _______.
bankruptcy fraud
An intentional, unwanted, offensive bodily contact is known as ______.
battery
The ______ is the person named to receive the insurance proceeds in the event of injury or damage.
beneficiary
The best scenario for handling the disposition of a decedent's ______ is to have the decedent: _______.
body
If the landlord interferes with a tenant's use and enjoyment of a leased property, this is called
breach of covenant of quiet enjoyment.
Burglary is often known as: _______.
breaking and entering
Raising the defense of necessity against criminal charges would likely be appropriate where the defendant: _______.
broke into a car to remove a child who had been left in a parking lot, pushed a man out of the path of an oncoming car
If a piece of property is divided and one portion is landlocked as a result, an easement ______ is created.
by necessity
A person ______ commit(s) a battery if the other party consented to the contact.
cannot
John threatens to burn down Jacob's house in six months time if Jacob does not steal trade secrets from the software company where he is employed. Jacob steals the trade secrets and is charged with violating several criminal statutes. Jacob ______ successfully raise the affirmative defense of duress to avoid conviction.
cannot
Insurance that protects a person or property from accidental injury, such as workers' compensation or automobile insurance, is ______ insurance.
casualty
Submitting false ______ to insurance companies seeking reimbursement for medical treatment is known as health care fraud.
claims
Insurance companies lessen the impact of ______ by requiring that individuals with insurance to make a(n) _______ or pay a deductible.
co-payment, moral hazard
In Arizona v. Fulminante, the United States Supreme Court held that a(n) ______ confession can be ignored and treated as nonprejudicial at trial if the other evidence is sufficient to obtain a conviction.
coerced
Suppose an employee of ABC Beverage company is offered $10,000 from a competitor to obtain a list of ingredients for a soon-to-be unveiled new beverage. The employee will likely face consequences for stealing trade secrets. The competitor beverage company would face charges for: _______.
commercial bribery
Every business should purchase a(n) ______ policy that protects against a broad range of risks that the firm can specify, including personal injury suits by customers and suits by competitors over intellectual property
commercial general liability
Self-defense is responding to the force of another with ______ force to defend yourself.
comparable
Under ______ privilege, a party will not be held liable for defamation unless the false statement was made with actual malice.
conditional
With a(n) ______ estate, should a prohibited event occur or a required event fail to occur, the interest will be terminated
conditional
The owner of a(n) _______ estate possesses the same interest as the owner of a(n) ______ absolute estate, but if a prohibited event occurs or a required event fails to occur, the interest will be terminated
conditional, fee simple
The Supreme Court has held that as long as the message to a suspect is clear that he or she has the right to counsel and need not answer questions without counsel, the Miranda warning is: ______.
constitutional
A court creates a(n) ______ trust to hold the property for its rightful owner.
constructive
If the leased premises becomes unsuitable for use due to landlord neglect of repairs or other required acts, then it is a(n) ______ eviction.
constructive
As part of their duty to cooperate with the insurer, insured individuals might be asked to provide the insurance company with a formal out-of-court statement known as a(n) ______ or ______ at trial.
deposition; testify
A properly drafted deed must contain a legally sufficient ______ of the property, including its physical boundaries and any easements.
description
In the federal court system, sentencing is ______ -- that is, judges are provided a specific range of penalties for a particular crime.
determinate
In general, in deciding whether to strike down a punitive damage award as unconstitutional, the court will look at all of the following except the: _______
difference between the amount of nominal damages and the amount of compensatory damages awarded at the trial court level
In a cooperative, all of the unit owners are governed by a board of: _____
directors
If a piece of property is ______ and one portion is ______ as a result, an easement by necessity is created.
divided; landlocked
A strict-liability crime: _______.
does not require a guilty state of mind on the part of the corporation
If the buyer makes an offer to purchase real property and changes her mind before the seller accepts, she forfeits the ______ she paid to establish the seriousness of her offer.
earnest money
To have an insurable interest in property or life, a person must be subject to ______ loss if there is damage or harm to the person or property.
economic
The insurance policy becomes effective on the ______.
effective date
Marcus was scheduled to attend a business conference on behalf of his employer. Before leaving for the conference, Marcus was given $500 out of petty cash for travel incidentals and meals. He did not, however, attend the conference and pocketed the $500. If Marcus' employer discovers this, Marcus will likely be charged with: _______.
embezzlement
When the government decides to exercise its power of ______, it will first offer to purchase the property for what it believes is the fair market value
eminent domain
Intentional infliction of ______ ______ occurs when someone engages in outrageous, intentional conduct likely to cause extreme psychological anguish to another party.
emotional distress
Assuming other requirements have been satisfied, the Class Action Fairness Act (CAFA) grants original jurisdiction to the federal courts over any civil action in which the amount in controversy is in excess of ______ million dollars
five
A(n) ______ is an item that was originally a piece of personal property, but became part of the realty after it was permanently attached to the real property in question.
fixture
If either party to a landlord-tenant contract _______ a condition stated in the lease, then the party is said to be _______ the interest in the leased property.
forfeiting their rights to, fails to perform
Generally, if a seller of real property fails to disclose known defects to the buyer and the buyer discovers the defect only after the sales transaction has been completed, the buyer can sue the seller for: _______.
fraud or misrepresentation
The insured has a duty to disclose all material information on the insurance application and ______ and ______ answer any questions on the application.
fully; truthfully
A(n) ______ interest in an estate is a present right to property ownership and possession in the future.
future
Under a lease agreement, the landlord has the obligation to ______ of the premises to the tenant.
give physical possession
Caroline Jones takes some very expensive jewelry from a store. The next day, Caroline sells the jewelry at the local pawn shop, receiving $15,000 for it. In removing the jewelry from the store, Caroline has most likely committed: _______.
grand larceny.
One warranty associated with a general warranty deed is that the ______ will not be disturbed by anyone who has a better claim to title of the property
grantee
From the ______ perspective, the least desirable type of deed is the quitclaim deed
grantee's
The President of ARC Corporation asked his 16-year-old summer intern, Jarrod, to send out a bulk mailing designed to entice consumers to provide sensitive financial information to the company for use in a credit scheme. If Jarrod is charged, along with other corporate executives, for mail fraud, Jarrod's attorney should raise the defense of: _______.
infancy
Individuals who are under the age of majority are known under the law as: ______.
infants
Strict liability torts occur when the defendant takes an action that is ______ dangerous.
inherently
A tort is a wrong or ______ to another, other than breach of contract.
injury
The buying and selling of a security, in breach of a fiduciary duty, while in possession of material, nonpublic information about the security is known as: _______.
insider trading
Only an individual with a(n) ______ can enter into a valid insurance agreement.
insurable interest
The beneficiary is the person named to receive the ______ ______ in the event of injury or damage.
insurance proceeds
The ______ has a duty to disclose all material information on the insurance application.
insured
Insurance is a contract in which the insured party makes payments to the insurer in exchange for the insurer's promise to make payment or transfer goods to the ______ or a named ______ in the event of injury to or destruction of the insured party's property or life.
insured; beneficiary
The ________ receives payments from the ______ party.
insurer, insured
After leaving a friend's house, Jonathan accidentally drops his cigarette butt on the front porch. The cigarette butt starts a fire. It is likely that Jonathan will not face an arson conviction because there was no: _______.
intent
Successful prosecution of a defendant for false pretenses requires proof of a(n) ______ to relieve another of their property by false representation.
intent
To prove mail fraud, the government must demonstrate the ______ and the use of mail to further the fraudulent scheme.
intent to defraud
Malicious
intent, trespass
Fraudulent misrepresentation is a(n) ______ tort.
intentional
Torts against persons are ______ acts that harm an individual's physical or mental integrity.
intentional
If a person calls his former employer and falsely says her son was just arrested for a double homicide after a botched robbery attempt, most courts would find that behavior outrageous enough to constitute: _______.
intentional infliction of emotional distress
In _______ with contract litigation, the plaintiff must prove the ______ knew of the existence of the contract.
intentional interference, defendant
In the United States, torts are classified as: _______.
intentional, negligent, or strict liability
In intentional interference with contract litigation, the plaintiff must prove the defendant ______ undertook steps to cause one of the parties to breach the contract, and the plaintiff was ______ as a result of the breach.
intentionally; injured
If the insured did not have an insurable ______, the insurance contract is ______ and the insurer is not required to pay on a claim.
interest; void
A person commits trespass to personal property by ______ with the owner's right to use it.
interfering
What is the term for when an individual dies without a will?
intestate
During an office holiday party, Jacob puts a drug into the drink of Mark, the manager, who becomes incoherent. Mark leaves the party, removes $1,000 from petty cash, and spends it on personal items that evening. When Mark is charged with embezzlement, he may be able to raise the defense of ______ intoxication.
involuntary
Generally, a requirement of a will is that the will: ______
is written typically by typing it on regular paper
Generally, a requirement of a will is that the will: ______.
is written typically by typing it on regular paper
If a case goes to trial and the crime is a felony or a misdemeanor punishable by six months or more in prison, the defendant has a constitutional right to a(n): _______.
jury trial
The right to some or all of the tenant's personal property due to failure to pay rent or for damages to the leased premises is called a(n) _______.
landlord's lien
When a landlord secures the personal property of a tenant for unpaid rent or damages to the leased premises, it is called a(n)_______.
landlord's lien
Heading to the office break room for a cup of coffee, Mary absentmindedly forgets to put her iphone in the top desk drawer and lock it. While delivering office supplies, a co-worker removes the iphone from the desk and puts it in his pocket. Mary's co-worker has most likely committed: ______.
larceny
The ______ has a duty to pay rent to the _______. (Choose ALL that apply)
lessee, lessor
A leasehold gives the _______ exclusive rights to the use and possession of the land, including the right to exclude the property owner under most circumstances, for the term specified by the lease.
lessee, tenant, lessees, or tenants
If defamation is published in a permanent form, it is known as ______.
libel
If defamation is published in permanent form, it is known as
libel.
A(n) ______ is a temporary and revocable right to use another's property.
license
The security a lender has in exchange for a real estate loan is known as a(n): _______.
mortgage
The Fifth Amendment privilege against self-incrimination applies to: _______
natural persons
Most insurance claims for damages the insured causes a third party are settled through ______ between the insurer and the third party.
negotiation
During her arraignment on federal fraud charges, Abigail Price considered the impact of her plea on the civil fraud case that was also pending against her. Given these circumstances, her attorney advised that she plead: ______.
nolo contendere
Property not included in an estate following death is called ______ property
nonprobate
Depending upon the jurisdiction, a state may define insanity as lacking substantial capacity due to a mental defect, or: _______.
not knowing the difference between right and wrong, acting under an irresistible impulse
A defendant charged with a crime under federal law must offer evidence to counter: _______.
nothing
To begin the insurance defense process, the insured must ______ his or her insurer of the claim for which the insured is potentially liable.
notify
A private ______ occurs when a person uses her property in an unreasonable manner that harms a neighbor's use or enjoyment of his property.
nuisance
Individual offenders who have committed white-collar crimes can be subject to all of the following types of punishment except: _______.
nullification
The insurance relationship usually begins when the party with the insured interest makes a(n) ______ to purchase insurance by completing an insurance company ______.
offer; application
Once the buyer finds a desired property, she makes a written ______ to purchase under specified conditions and puts up ______ money designed to establish her seriousness regarding the purchase
offer; earnest
Slander is a form of defamation that is communicated: _______.
orally
In addition to dealing with an individual's personal property, ______ planning can also deal with how to handle an individual's _______ after death.
organs and body, estate
In a cooperative, the investor resident receives a ______ lease on one unit of the facility.
permanent
A(n) ______ addresses the distribution of property following a(n) ______.
person's death, will
Trade fixtures are treated as ______ property
personal
Trade fixtures are treated as ______ property.
personal
A(n) _______ general liability policy protects a business against a broad range of risks that the firm can specify, including ______ suits by customers.
personal injury, commercial
A fixture is an item that was originally a piece of ______ property, but became part of the realty after it was permanently attached to the ______ property in question
personal; real
Trespass to personal property is also called trespass to: _______.
personalty
A right to ______ refers to a person's right to _______ on other people's efforts to prolong life. (Choose TWO correct answers)
place limits, die
The most common use of restrictive covenants today is in urban developments sometimes called ______
planned communities
A(n) ______ is an agreement in which a prosecutor agrees to reduce or drop charges if the defendant pleads guilty.
plea bargain
The insured and insurer express their agreement in a document called a(n) ______.
policy
If the landlord does not grant the tenant possession of the premises, the tenant can bring an action for _______ against the landlord.
possession
The holder of a leasehold has a(n) ______, but not a(n) ______ interest.
possessory; ownership
Compensatory damages are typically rewarded for all of the following except: _______.
potential future causes of action
Jarrod went out one evening into an area of town known for the availability of prostitution. As he strolled down the street looking around for companionship, a woman approached and offered to provide services. Unbeknownst to Jarrod, the woman was an undercover police officer. Jarrod offered to pay her $100 for sex. Jarrod will not be successful in raising entrapment as an affirmative defense because, under the circumstances, he was ______ to commit the act.
predisposed
The defendant Park had, by reason of his position in the corporation, responsibility and authority either to ________ or _______ and he failed to do so.
promptly correct the violation, prevent the violation
Insurance is a contract in which the insured party makes payments to the insurer in exchange for the insurer's promise to make payment or transfer goods to the insured or a named beneficiary in the event of injury to or destruction of the insured party's ______ or ______.
property; life
The Racketeer Influenced and Corrupt Organizations Act (RICO) has been an effective federal statutory tool in addressing: _______.
provision of illegal goods and services, bribery, securities fraud
In New York v. Quarles, the United States Supreme Court created a(n) ______ exception that allows statements to be used at trial, even if the a person was not informed of his or her Miranda rights, if the need to protect the public is served by the admissibility of the statements in question.
public safety
John Jones, owner and CEO of Mavrex Corporation, was facing federal felony charges associated with misrepresenting his earnings statements in SEC filings. Jones' attorney strongly urged him to enter into a plea bargain with the prosecution to avoid the negative ______ that would accompany a trial.
publicity
If the landlord interferes with the tenant's use and enjoyment of the property, she could be liable for breach of the covenant of _______.
quiet enjoyment
From the grantee's perspective, the least desirable type of deed is the ______ deed
quitclaim
In the context of realty, a profit affects someone's ______ property rights.
real
Trade fixtures are treated as personal property based on the presumption that neither party intended such property to become a permanent part of the ______.
realty
A successful fraud prosecution must include sufficient proof of the victim's ______ reliance on the defendant's false representation.
reasonable
A zoning ordinance is unreasonable if there is no ______ relationship between the ends to be obtained and the means used to attain them
reasonable
Davis, CEO of Meatpacking, Inc., hired a company to conduct regular inspections of the company plants. The contract price for these inspections was markedly lower than the firms Davis had worked with in the past. Despite the significant price difference, Davis did not check the inspection company's references. Davis and Meatpacking, Inc. were later charged with criminal violations of the Food and Drug Act. Davis raised the defense of mistake of fact; however, the jury found Davis guilty because his claimed mistake was not: _______.
reasonable
Defending oneself against a physical attack is justifiable, so long as the force used is: _______.
reasonable
You can use ______ force to defend your property from an intruder.
reasonable
Today, most states require that the seller warn the buyer about any known defects that (1) the ______ buyer could not discover through a thorough examination of the property and (2) ______ affect the property's value
reasonable; materially
To prove the tort of fraudulent misrepresentation occurred, the injured party must demonstrate that he or she ______ relied on the defendant's misrepresentations.
reasonably
A zoning ordinance is unreasonable if it encroaches on the private property rights of landowners without a(n) ______ relationship to a(n) ______ government purpose such as public health, safety, or welfare
substantial; legitimate
If a tenant refuses to vacate a property after a lease term ends, then a tenancy-at-______ lease is created.
sufferance
Both landlord and tenant have duties and rights which can be classified under any of the four categories except: _______. (Choose ONE correct answer)
taxes
A license is a ______ and ______ right to use another's property.
temporary; revocable
Using false pretenses to obtain confidential telephone records can result in a prison sentence of up to ______ years.
ten (10)
All of the following are categories of leases that can be created between landlord and tenants except: _______. (Choose ONE correct answer)
tenancy by term
A(n) ______ involves co-ownership by married couples
tenancy by the entirety
A condominium interest gives the holder exclusive ownership rights of a unit within the condominium and a ______ with the other condominium owners over the land.
tenancy in common
All of the following can be considered common areas except: _______. (Choose ONE correct answer)
tenant's kitchen
The premiums for ______ life insurance are usually smaller than those for whole life insurance, but the beneficiary receives payment only if the insured dies within the specified time period.
term
A definite-term lease is also known as a(n) ______.
term for years
As a general rule, a valid will requires all of the following: ________. (Check ALL that apply)
testamentary capacity, attestation, testator's signature, a writing
A tenancy ______ gives each co-owner the right to sell her interest without: _______.
the consent of the others, in common
In general, in deciding whether to strike down a punitive damage award as unconstitutional, the court will look at the following factors: ________
the degree of reprehensibility of the defendant's conduct, difference between the punitive damages award and civil penalties , the disparity between the actual or potential harm suffered by the plaintiff
In general, in deciding whether to strike down a punitive damage award as unconstitutional, the court will look at the following factors:
the disparity between the actual or potential harm suffered by the plaintiff, difference between the punitive damages award and civil penalties, the degree of reprehensibility of the defendant's conduct
The commission of a crime, in and of itself, does not mean that a defendant faces prosecution in federal court. Before proceeding, a federal prosecutor usually considers whether: ______.
the evidence is sufficient to obtain a conviction, prosecuting the case serves a federal interest
If the life holder of a life estate neglects or abuses the property, or fails to make necessary repairs such that the property's value diminishes, the future holder can bring a legal action to recover damages for ______.
waste
Real property rights include airspace, mineral/subsurface and ______ rights
water
A criminal prosecution requires proof by the prosecution of a guilty mind. Mens rea can be established by evidence that a defendant acted: _______.
with recklessness, with purpose
Actus reus is also known as ______ behavior.
wrongful
