Real Estate University | S3 | Chapter 1

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 basic rules establishing the rights and obligations of owners of real property within a subdivision are known as...?

CC&Rs

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

The right of the government to acquire property for necessary public or quasi-public use by condition is known as...?

Eminent Domain

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

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

This comprises of the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings...?

Procedural Law

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 state law requiring certain contracts to be in writing and signed before they will be enforceable at law is known as the...?

Statute of Frauds

A statute prescribing a period of limitation for the bringing of certain kinds of legal action is known as...?

Statute 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 California trial court system consists of small claims court and...?

Superior court

Any wrongful act (not involving a breach of contract) for which a civil section will lie for the person wronged is referred to as...?

Tort

True or False: English common law served as a foundation for modern law...?

True

True or False: In California, there is a 3 year statute of limitations for real property contracts...?

True

True or False: Real property sales contracts in California must be in writing...?

True

True or False: The intention of the law is to establish order and to enforce promises...?

True

The division of an area into zones, as to restrict the number and types of buildings and their uses is known as...?

Zoning

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

True or False: A decision made in mediation is never binding...?

False

True or False: An owner who is subject to eminent domain does not have to be fairly compensated by the government...?

False

True or False: Property law only covers real property, not personal property...?

False

Which of the following contracts are not required to be in writing...?

Leases under 1 year

True or False: Common law is derived from Spanish law...?

False