ACCT 324 pt 3

What is the name of the organization that seeks to prepare uniform private laws to promote harmony and unity worldwide?

UNIDROIT

Obtaining another's property by false representation is known as ______.

false pretenses

_____________________ applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than it intends.

abuse of process

The government must prove wrongful behavior to punish a criminal offender. This element is also known as: _______.

actus reus

The public figure privilege is a defense to a ______ action.

defamation

A _____________ is a written order to deliver goods directed to a party who, in the ordinary course of business, issues warehouse receipts or bills of lading.

delivery order

In the context of a voluntary transfer of property, what are the elements necessary for a valid gift? (Check all that apply.)

delivery, donative intent, acceptance

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

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 legal procedures that must be followed to effectuate a transfer of property include all of the following: ________.

execution, delivery, acceptance, recording

When using a testimony of insanity to defend a criminal case, the testimony of _____ is needed.

experts

Easements and profits can be transferred by

express agreement, inheritance, necessity, prescription, or implication.

What federal legislation makes it illegal for a landlord to discriminate against a prospective tenant?

fair housing act

Who can be sued for breach of contract for failing to meet obligations set forth in the insurance agreement?

Both the insurer and the insured

What contract principle says that the landlord, in a lease, promises that the tenant be allowed to quietly enjoy the land?

Covenant of quiet enjoyment

______ is a scheme in which companies bill consumers for optional services they did not order.

Cramming

What is the term for a written document that allows an agent to make future medical decisions for a principal?

Durable power of attorney

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.

______, otherwise known as blackmail, is the making of threats for the purpose of obtaining money or property.

Extortion

Which of the following privacy torts involve attributing characteristics or beliefs to a person that she does not possess or creating the impression that an individual has taken certain actions he has not taken?

False light

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

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 can a landlord do to ensure that the tenant will fulfill the duties of the lease agreement?

Take a security deposit

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

Most constitutional safeguards designed to protect criminal defendants are found in ________.

The Bill of Rights

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

Acting on inside information in the purchase or sale of company stock, or insider trading, involves a breach of a(n) ______. (Check all that apply.)

fiduciary duty relationship of trust

A properly drafted deed must contain any warranties made by the ______ in conjunction with the conveyance. 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

A bailment may be ______ or for ______.

gratuitous; consideration

In terms of the various ways to categorize insurance, if the purchaser is neither the insured nor the insurer, it is ______ insurance.

group

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

A document that empowers an agent to make medical decisions for a principal who is unable (incapacitated) to make those decisions for himself or herself is called a

health care proxy

Examples of statutory restrictions on land use include ______ and ______.

historic preservation statutes; environmental regulations

A(n) ______ trust is called an involuntary trust because the courts, rather than settlors, create them.

implied

A(n) ______ warranty of habitability is a state contract law requirement that the leased premises be fit for the ordinary residential purposes.

implied

Easements or profits ______ are not dependent on owning property adjacent to the land on which the non-possessory interest exists.

in gross

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

The degree of force your brother could use in defending you is ______ to the degree of force you could use yourself.

limited

In many judicial settings, the judicial officer is called a(n)

magistrate

The transfer and distribution of risk is known as risk ______.

management

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: _______. (Check all that apply.)

mistake of fact infancy duress

_________ hazard theory suggests that individuals who are insulated from risk sometimes behave differently.

moral

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

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

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

What is the term for settling an estate through the court system?

probate

The tort of unfair competition exists because United States law protects businesses acting on the ______ motive.

profit

The ______ is the individual who receives the trust corpus when the trust ends.

remainderman

When a will is ______, it means the will no longer has any legal effect.

revoked

The most important element of the insurance agreement is ______, the potential for loss.

risk

Wrongfully taking someone's property, with the use of force or fear, is referred to in most jurisdictions as: ______.

robbery

Criminal fraud requires an intent to deceive, which is also known as: _______.

scienter

Which of the following types of defamation consists of statements so inherently harmful that general damages are presumed?

slander per se

What type of deed promises only that the grantor has not done anything to lessen the value of the estate?

special warranty

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 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 a landlord sells a rented property, the ______.

the lease is legally binding and gets transferred to the new owner

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

One of the primary issues that arise in conjunction with personal property involve ______.

the rights and duties arising out of a bailment

The key distinction between blackmail and bribery is the presence of some form of: ________.

threat

If the bailment is intended _______, the bailee is liable for damage to the property caused by the bailee's gross negligence

to benefit only the bailor

A ______ is a wrong or injury to another under state law, other than a breach of contract. What is the primary objective of tort law?

tort To provide compensation for injured parties

When criticism of the quality, honesty, or reputation of a business or its product is printed or published, it is called ______. Which of the following is a tort involving false statements related to the ownership of business property?

trade libel Slander of title

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

Compensatory damages are ______ rewarded for pain and suffering, costs of repairing damaged property, medical expenses, and lost wages.

typically

Courts decide whether a person is of sound mind by considering whether the testator ______. (Check all that apply.)

understands traditions regarding who should get his or her property knows he or she is making a will knows the extent of his or her property

The insurer is sometimes called the: _______.

underwriter

Opening a business with the purpose of driving another firm out of business rather than generate profit constitutes the tort of ______.

unfair competition

What is the term for recommendations about what legal rules should govern on a particular topic?

uniform laws

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

Permission to use land in a manner prohibited by zoning laws is known as a(n). 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.

variance

Corporate managers can be held legally responsible for crimes committed by lower-level employees under the ______.

vicarious liability doctrine

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

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 (if knowledge would have changed answer and if it was material)

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

As an example of the restrictions on land use, the doctrine of ______ prohibits some uses and abuses of land. NO ONE can use land in an unrestricted way

waste

duties of a bailee

1. bailee must take reasonable care of the bailed property, repairing and maintaining it as necessary 2. bailee must use the bailed property only as stipulated in the bailment agreement 3. bailee must not alter the bailed property in any unauthorized manner 4. bailee must return the bailed property in good condition at the end of the bailment

duties of the bailor

1. bailor must provide the bailee with any agreed-on compensation for the bailment 2. bailor must reimburse the bailer for any necessary costs incurred by the bailee during the bailment

rights of the bailor

1. right to expect that the bailee take reasonable care of the bailed property, repairing and maintaining it as necessary 2. right to expect that the bailee use the bailed property only as stipulated in the bailment agreement 3. right to expect that the bailee will not alter the bailed property in any unauthorized manner 4. right to expect that the bailee will return the bailed property in good condition at the end of the bailment

rights of a bailee

1. right to possess the bailed property during the term of the bailment 2. right to use the property in a manner consistent with the terms and purpose of the bailment 3. right to receive compensation for the bailment unless the bailment is gratuitous 4. right to retain the bailed property until payment is received

Which of the following is not required in order to properly draft a deed?

A legally sufficient description of the property, including its physical boundaries and any easements. Identification of the grantor and the grantee. An expression of the grantee's interest to convey the property

Which of the following describes a settlor?

A person who creates a trust

How might a trust terminate?

A trust may terminate when an event occurs. A trust may terminate at a set date.

______ 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

Which tort applies to the misuse of legal procedure to achieve a different goal than it intends?

Abuse of process

In the context of sale transactions, which of the following occurs at the closing

Acceptance Delivery

What is the term for when a landlord physically prevents a tenant from entering a leased premises?

Actual eviction

Which of the following is a situation in which real property is involuntarily transferred?

Adverse possession (to qualify-> actual, open, notorious)

What is the term for changes that affect the condition of a leased premises?

Alterations

What is the term for describing the fact that a will can be changed by a testator? A separate document that outlines changes to an original will is called a(n) ______.

Ambulatory Codicil

Which of the following is an insurance provision that provides a grace period in which to make an overdue payment?

Antilapse clause (30 days)

What length of lease term requires that the lease be in writing?

Any lease over one year

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

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 (neutral 3rd party is arbitrator)

Which section of the Uniform Commercial Code governs documents of title?

Article VII

______ has been declining gradually since 1990.

Tort litigation

What is the term for transferring one's entire interest in a leased property to another?

Assignment (sublease partial)

______ can occur when a debtor hides assets from the court or a creditor files a false claim against the debtor.

Bankruptcy fraud

Identify the types of documents of title that govern bailments.

Bills of lading Warehouse receipts Delivery orders

Which of the following is an agreement that gives temporary insurance until the insurance company decides to accept or reject the insurance application?

Binder

What is the legal process by which a transfer of property is made against the protest of the property owner?

Condemnation

What is the term used when a leased premises becomes unusable because the landlord fails to take action to make repairs or fulfill other responsibilities?

Constructive eviction

Which of the following cannot result in involuntary transfer of ownership of personal property?

Converse possession of personal property

______ occurs when a person permanently removes personal property from the owner's possession and control.

Conversion

categories of leases

Definite term Period tenancy Tenancy at will Tenancy at sufferance

______ is a commonly recognized tort against economic interests.

Disparagement

Which of the following torts involve making a false statement?

Disparagement Defamation

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.

False

Which of the following torts provides ranchers and farmers with a cause of action when someone knowingly makes false, damaging statements about a farm produce?

Food disparagement

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

Identify the differences between criminal and civil cases. (Check all that apply.)

In criminal cases, the objective is punishment, whereas in civil cases, the objective is to remedy a wrong done to the plaintiff. In criminal cases, the government is the prosecutor, whereas in civil cases, the plaintiff can be an individual.

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? A(n) ______ ______ prohibits the insurer from delaying payment because it decides to investigate the insurance application for fraud.

Incontestability clause

Which of the following is true of tenancy in common? (Check all that apply.)

It gives each co-owner the right to sell his or her interest without the consent of the others. It gives each co-owner the right to own an unequal share of the property.

Identify the true statements about unlawful appropriation of data or services. (Check all that apply.)

It includes the use of office computers by employees to run their personal business. It involves the use of computer by an employee that is not authorized by the employer.

With which type of interest in real property is a future interest in an estate most likely to be associated?

Life, Conditional estate

If a defendent is unable to distinguish right/wrong or understand their act, then the court can apply 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

________, a defense to a crime, says the crime was necessary to prevent a more severe crime from occurring.

Necessity

What is the term for a document that expresses an individual's desire to donate organs or tissue?

Organ donor card to give anatomical gifts

What is the name of the individual who collects and distributes the property of a decedent's estate?

Personal representative

______ liability insurance protects the manufacturer of a good from loss due to damages paid to people injured while using the good.

Product

Identify the test for assault.

Reasonable apprehension

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

In a criminal trial, who is viewed as the victim?

Society

Which of the following organizations sponsored the 1973 gathering to adopt the Convention Providing for a Uniform Law on the Form of an International Will?

The International Institute for the Unification of Private Law

Which of the following must be shown to hold a corporation criminally responsible for the actions of its employees? (Check all that apply.)

The employee was acting with the purpose of benefiting the corporation. The employee was acting within the scope of his or her employment. act was imputed to corp

In an insurance relationship, which party makes a payment called a premium?

The insured

Which of the following is a primary issue that arises in conjunction with personal property?

The means of acquiring ownership of personal property

What is the most important element of the insurance agreement?

The potential for loss

The implied warranty of habitability is a requirement that requires which of the following?

The premises must be capable of being inhabited by anyone for all purposes

What happens if the leased premises is destroyed by a fire or some other disaster?

The tenant is released from paying rent. The lease is terminated.

Which of the following is true in case of a partial eviction, when part of the rented premises is blocked off

The tenant is released from the obligation to pay rent. The tenant can sue the landlord for damages.

Which of the following is true about computer crimes? (Check all that apply.)

They are difficult to detect. They are easy to commit because computer systems are vulnerable to attack.

What uniform law deals with areas of estate planning including topics on wills and gifts?

Uniform Probate Code

Which of the following is the most common means by which property is acquired?

Voluntary transfer

Which of the following is a receipt issued by one who is engaged in the business of storing goods for compensation?

Warehouse receipt

In the context of bailment, when is a bailee not liable for any harm caused to the property?

When the harm is caused by an act of God

Typically, who is liable for an injury that occurs on leased premises?

Whoever has control over the space where the injury took place

Who among the following is required to attest to the will of a testator?

Witnesses

Zoning

______ allows for the orderly growth and development of a community.

A successful RICO action must contain evidence of: _______.

a pattern of racketeering

Promises made by property owners to use or not use their land in particular ways are known as ______.

a restrictive covenant

An individual can express their wishes regarding the limits of health treatment through documents called ______ directives. What is the term for a document that expresses the wishes of an individual as regards to their medical treatment?

advance living will

Legal excuses for criminal behavior are known as ______ defenses.

affirmative

Privilege, absolute or conditional, is a(n) ______ defense to a defamation action.

affirmative

Real property rights include ______, mineral/subsurface and water rights

airspace

If the insured and the insurance company cannot agree on the actual value of the loss, the insured can demand an evaluation of the loss under the policy's ______ clause.

appraisal

An easement or profit is ______ when it runs with property adjacent to the property on which it exists.

appurtenant

A(n) ______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact. An intentional, unwanted, offensive bodily contact is known as ______.

assault battery

Which of the following refers to a relationship that arises when one party transfers possession of personalty to another party to be used by the recipient in a stipulated manner for a stipulated time?

bailment

A person who will receive property under a will is called a(n) ______.

beneficiary

The ______ is the person named to receive the insurance proceeds in the event of injury or damage.

beneficiary

If a piece of property is divided and one portion is landlocked as a result, an easement ______ is created.

by necessity

If the bailment is intended to benefit only the bailee, then the bailee is liable for damage to the property caused _______.

by the bailee's slightest lack of due care

A person ______ commit(s) a battery if the other party consented to the contact.

cannot

Insurance that protects a person or property from accidental injury, such as workers' compensation or automobile insurance, is ______ insurance.

casualty

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

What kind of gift requires that a certain event happen before the donor gives property to the donee?

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

A court creates a(n) ______ trust to hold the property for its rightful owner.

constructive

The plea bargain mechanism is generally considered to benefit the: _______.

court prosecution defendant

Which of the following is a means by which people acquire title to property?

court order, confusion, creation

In a cooperative, all of the unit owners are governed by a board of: _______.

directors

Intestate

dying without a will, state laws determine, testator writes and signs will

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

When a gas company runs gas lines across someone's property, it is a(n) _______

easement in gross

Intentional infliction of ______ ______ occurs when someone engages in outrageous, intentional conduct likely to cause extreme psychological anguish to another party.

emotional distress

The key distinction between larceny and robbery is that larceny does not require: _______.

force

With ______ goods, one unit of the good is essentially the same as every other unit.

fungible

exceptions to violation of fourth amendment found illegal properties

good faith exception inevitability exception

From the ______ perspective, the least desirable type of deed is the quitclaim deed.

grantee's

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

Only an individual with a(n) ______ can enter into a valid insurance agreement.

insurable interest

The ______ has a duty to disclose all material information on the insurance application.

insured

Torts against persons, torts against property, and torts against economic interests are known as ________ torts.

intentional

In the United States, torts are classified as: _______.

intentional, negligent, or strict liability

A(n) ______ gift is made by a person during her lifetime, without regard to her immediate death. What type of gift is made in contemplation of one's immediate death?

inter vivos Causa mortis

The privacy tort of ______ on an individual's affairs or seclusion occurs when someone invades a person's solitude, seclusion, or personal affairs when that person has the right to expect privacy.

intrusion

An easement is a(n) ______ right to use some part of another's land for a specific purpose without taking anything from it.

irrevocable

A tenant may transfer his or her interests in the property unless ______.

it is prohibited by the lease agreement

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

determinate

judges have a range of penalties allowed for certain indictments, changed in 1991, before there was broad range of statutory charges

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

The holder of a _______ has a possessory, but not an ownership, interest in real property.

leasehold

What is caveat emptor?

let the buyer beware, the extent to which the real estate seller must disclose known defects to the buyer, the seller had no obligation to tell the buyer about any problems.

A temporary and revocable right to use another's property without any transfer of property interests is known as a(n) _______.

license

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 and immediate and inescapable

Landlord-Tenant Relationship

names of tenants and landlords amount of rent to pay length of lease express or implied intent to join landlord/tenant relationship description of property

The Fifth Amendment privilege against self-incrimination applies to: _______.

natural persons

If the impact of your plea in an arraignment could have potential effects on a later civil case plea, a defendant may plead

nolo contendere

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, punitive more serious and to punish outrageous conduct and deter others from torting

If the defendant pleads ______ during the arraignment, the case is heard by a petit jury.

not guilty

Nonprobate property references property

not included in a decedent's estate.

Trade fixtures are treated as ______ property.

personal

Trespass to personal property is also called trespass to: _______.

personalty, realty is land

In the context of the voluntary transfer of ownership, when is the delivery of a gift considered actual? (Check all the apply.)

physically or constructively presented

The most common use of restrictive covenants today is in urban developments sometimes called ______ .

planned communities

The insured and insurer express their agreement in a document called a(n) ______.

policy

duties and rights of lease

possession maintenance rent use

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

What is the legal term for an agreement between the landlord and the tenant for the tenant to give up possession and interest in a leased property during the lease term?

surrender; It is a mutual agreement. It must be in writing.

A license is a ______ and ______ right to use another's property.

temporary; revocable

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

A definite-term lease is also known as a(n) ______.

term for years

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, not whole (has cash surrender value)

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

What is the term for permanent and substantial damage that a tenant causes to a landlord's property?

waste

A criminal prosecution requires proof by the prosecution of a guilty mind. Mens rea can be established by evidence that a defendant acted: _______. (Check all that apply.)

with purpose with recklessness

Unlike information which is a formal written accusation stating facts and violations, indictment is a ______.

written accusation against the defendant presented by a grand jury