Overview
Question 12 pts
There are five rights in the bundle of a real estate owner, which distinctly belongs to the owners of property. Two of these rights are____________ and _________________.
Group of answer choiceslocation and watereasement and air
exclusion and disposition
doors and windows
Flag this QuestionQuestion 22 pts
The rule requiring that a deed representing ownership of real property must be delivered to the new owner and recorded is know as __________________________
Group of answer choicesLaw of Real PropertyStand and deliver
RESPA
Statute of Frauds
Flag this QuestionQuestion 31 pts
When personal property is entrusted to another for a temporary period of time until such time as the rightful owner returns to retrieve it, this is known as a____________________
Group of answer choicesEasementBailment
Exclusion
Fee Simple
Flag this QuestionQuestion 41 pts
The law which is the controlling set of laws governing security interests in objects of personal property is known as__________________________--
Group of answer choicesArticle 9 of the Uniform Commercial Code4th Amendment of Constitution
Ex Post Facto
Article VI Clause I
Flag this QuestionQuestion 51 pts
Any action which interferes with the legitimate use and enjoyment of another's property may be called a ___________________ and is actionable.
Group of answer choicesBailmentPraecipe
Nuisance
Mortgage
Flag this QuestionQuestion 61 pts
The failure of one party to fulfill their duties and promise under a contract is called
Group of answer choicesa breacha disposition
ex post facto
a consideration
Flag this QuestionQuestion 71 pts
A request that the breaching party fulfill their responsibilities under a contract is typically requested when the bargain is unique and money damages would be inadequate to make a party whole. This remedy is known as ______________________
Group of answer choicesLogistical analysisrepudiation
Specific performance
Decomposition
Flag this QuestionQuestion 81 pts
The Law of Agency dictates that an agent not serve their own interest, but work, instead, on behalf of, and for the benefit of the __________________
Group of answer choicesPrincipalCity
State
Customer
Flag this QuestionQuestion 91 pts
In Venture Media v. Colt Plastics, Colt's claims of breach of contract were governed by what law?
Group of answer choicesU.C.C. § 2-104Common Law Contracts
Fraud
Parol Evidence Rule
Flag this QuestionQuestion 101 pts
Can an individual claim as property a client list from a former Employer if he retains the Employer's info his own memory as Robert Martin did in the case of Al Minor & Assoc, Inc. v. Martin, (Ohio 2008) ?
Group of answer choicesYes. A memory is an individual's own private storage unit.No. Client information does not lose its status as a trade secret or the protection of the UTSA .
Maybe. It depends on who the client wants to do business with.
No because it is against Article I of the US Constitution.
Flag this QuestionQuestion 111 pts
When a survey asked, "What is the first thing that comes to your mind when you hear the name 'Charbucks,' spelled C-H-A-R-B-U-C-K-S?," 30.5 percent of participants answered "Starbucks," Starbuck believed what law had been violated in relation two their brand?
Group of answer choicesCopyrightPatent
Trademark
Fraud
Flag this QuestionQuestion 122 pts
The Lanham Act provides for the registration of trademarks, which it defines in §45 to include “any word, name, symbol, or device, or any combination thereof [used or intended to be used] to identify and distinguish [a producer’s] goods … from those manufactured or sold by others and to indicate the source of the goods. The courts also protect "trade dress", but only if it has, according to the Walmart case, __________________
Group of answer choicesbeen registered for fifteen years.is commercially viable according to Forbes.
a showing of a secondary meaning encompassing the design of a product.
a specific product manufactured only by Walmart.
Flag this QuestionQuestion 132 pts
In the Constitution, ______________________ purports to show its superiority should a conflict arise as the federal law would override or supercede the state law.
Group of answer choicesDue Process ClauseEqual Protection Claus
the Supremacy Clause
Civil Rights Act
Flag this QuestionQuestion 141 pts
___________________________ property can be divided into the categories of tangible and intangible property.
Group of answer choicesPersonalReal
Contract
Gift
Flag this QuestionQuestion 151 pts
An individual may only infringe on property that is tangible and is not able to infringe on property that is intangible. T/F?
Group of answer choicesTrueFalse
Flag this QuestionQuestion 161 pts
A person who owns real estate not only owns the land but riparian rights, and any space associated with land from the heavens to the center of the earth. T/F
Group of answer choicesTrueFalse