Legal Aspects in Real Estate- Chapter 1 quiz
The purpose of this court is to correct a mistake made in a lower court judgment...?
appellate court
During ............, a neutral third party listens to each party's position and makes a final, binding decision?
arbitration
The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs is known as...?
civil law
Law that is derived from court decisions is known as...?
common law
Property acquired by a husband and/or wife during a marriage, when not acquired as the separate property of either spouse is known as...?
community property
The legal requirement that the state must respect all legal rights that are owed to a person is known as...?
due process
A decision made in mediation is never binding...? (t/f)
false
This refers to a writ or order issued under the seal of a court to restrain one or more parties to a suit or proceeding from doing an act which is deemed to be inequitable or unjust in regard to the rights of some other party or parties in the suit or proceeding...?
injunction
Which of the following contracts are not required to be in writing...?
leases under a year
A form of alternative dispute resolution in which the parties to a lawsuit meet with a neutral third-party in an effort to settle the case is known as...?
mediation
The right of any political body to enact laws and enforce them, for the order, safety, health, morals and general welfare of the public is known as...?
police power
A state law requiring certain contracts to be in writing and signed before they will be enforceable at law is known as the...?
statue of frauds
English common law served as a foundation for modern law...? (t/f)
true
In California, there is a 3 year statute of limitations for real property contracts...? (t/f)
true
Property law only covers real property, not personal property...? (t/f)
false
Real property sales contracts in California must be in writing...? (t/f0
true
The right of the government to acquire property for necessary public or quasi-public use by condition is known as...?
eminent domain
Any wrongful act (not involving a breach of contract) for which a civil section will lie for the person wronged is referred to as...?
sociological jurisprudence
An action to compel performance of an agreement is known as...?
specific performance
The sale of land as an alternative to damages is an example of...?
specific performance
The legal principle of determining points in litigation according to precedent is known as...?
stare decisis
A statute prescribing a period of limitation for the bringing of certain kinds of legal action is known as...?
statue of limitations
The statutory, or written law, that defines rights and duties, such as crimes and punishments, civil rights and responsibilities in civil law is known as...?
substantive law
The division of an area into zones, as to restrict the number and types of buildings and their uses is known as...?
zoning
An owner who is subject to eminent domain does not have to be fairly compensated by the government...? (t/f)
false
Common law is derived from Spanish law...? (t/f)
false
The intention of the law is to establish order and to enforce promises...? (t/f)
true
This comprises of the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings...?
procedural law
The California trial court system consists of small claims court and...?
superior court
The basic rules establishing the rights and obligations of owners of real property within a subdivision are known as...?
CC&Rs