REVIEW QUESTIONS- CHAPTER 12 – PROPERTY LAW

Key TermsIn the space provided, write the letter of each term described. Not all terms are described.

1. Ownership rights in property a. Eminent domain2. An action to have personal property returned to its original

possessor b. Personal property3. The right of government to take private property for a public

purpose c. Private nuisance4. Exists when the use of land poses a generalized threat to the

public d. Title5. Maximum ownership- rights to land permissible by las

e. Fee simple6. A tort that requires proof of injury distinct from that suffered

by the general public f. Bailee7. Movable physical objects, intangible rights arising out of

ownership of such objects, and intangible property g. Replevin8. The person to whom personal property is delivered without

title being conveyed h. Real property9. Immovable property

i. Easement 10. The transfer of possession of personal property on a

nonpermanent basis j. Fixture11. A right, given by th government, to make, use, and sell an

invention k.

l.

m.

n.

Bailment

Public nuisance

Patent

Trademark

TRUE-FALSE QUESTIONSChoose T for True or F for False.1. T F When one joint tenant dies, the rights of the deceased are inherited by the remaining

tenant or tenants.2. T F The Boston Beer Company was permitted to obtain a trademark for the words “The Best

Beer in America.”3. T F Trademarks used in interstate commerce have to be registered with the Patent and

Trademark Office of the U.S. Department of Commerce.4. T F A student’s laptop computer can be subject to both tangible and intangible property rights.5. T F Life estates can be passed on to heirs6. T F Property rights are tangible when some future event must occur before the right becomes

fully effective. 7. T F In a tenance in common, property rights pass through a deceased person’s will to heirs.8. T F A thief who steals another person’s camera has possession as well as title to the camera.

9. T F “Laptop” is an example of a copyright.10. T F When state governments establish zoning regulations, they do so pursuant to the police

power on behalf of the general public.11. T F Persons responsible for public nuisances are subject to criminal prosecution.12. T F Persons responsible for private nuisances are subject to criminal prosecution.13. T F A person who qualifies to have acquired title to land through adverse possession

automatically has marketable title to the land and can sell it to another.14. T F A portable window air conditioner is an example of a fixture.

MULTIPLE-CHOICE QUESTIONSChoose the best answer.

1. The lawful exercise of the police power would not include a. Zoningb. Taxationc. Eminent domaind. Nuisancee. Easements

2. The police power of the state refers to the state’s inherent right to protect publica. Healthb. Welfarec. Safetyd. All of the above

3. When a dog owner has a dog which gives birth to puppies, the owner acquires title to the puppies by

a. Creationb. Capturec. Accessiond. Findinge. None of the above

4. Which of the following is not required for a person to make a lawful gift of a camera?a. Donative intentb. Actual or constructive delivery of what is being givenc. Acceptance of the gift by the recipientd. Delivery of written title document

5. What is the duty of care that is owed by the bailee toward the bailed object in a gratuitous bailment for the benefit of the bailor?

a. High degree of careb. Reasonable carec. Slight cared. None of the above

6. What is the duty of care that is owed by the bailee toward the bailed object in a mutual benefit bailment?

a. High degree of careb. Reasonable carec. Slight cared. None of the above

7. When property is divided among remaining survivors, but not through the laws of testacy or intestacy, the property is owned as

a. Severalty ownershipb. Tenancy by the entiretyc. Joint tenantsd. Tenants in common

8. A bailment exists when a persona. Barters legal services for housecleaningb. Leaves clothes at a dry cleanersc. Sells a lawnmowerd. Allows her swing set to be used on a regular basis by the neighbor’s child

9. Which of the following would generally be considered to be included in the term “personal property”?

a. A houseb. A lakec. Farmland d. A ninety-year old treee. None of the above

10. A cellular telephone company has which type of property interest in the air time used by its customers?

a. Tangibleb. Intangiblec. Reald. Two of the abovee. None of the above

11. Since the 1940s, an individual’s rights to use land as he or she wishes havea. Essentially stayed as they were prior to the 1930sb. Increased due to judicial decisions by state courtsc. Increased due to U.S. Supreme Court decisionsd. Increased, primarily due to legislative initiativese. Declined, primarily due to legislative initiatives

12. The English philosopher John Locke believed the people in a natural state had total control over their

a. Lifeb. Libertyc. Propertyd. All of the abovee. Two of the above

13. State government cannot regulate the exercise of private property rights through the exercise of the police power. The police power refers to the authority of state legislatures to enact laws designed to promote the public

a. Health and public safetyb. Welfarec. Moralsd. All of the abovee. A and B

14. Government defines and regulates the exercise of private property rights througha. Zoning laws and regulationsb. Taxationc. Laws against nuisancesd. All of the abovee. Two of the above

COMPLETION QUESTIONSFill in the blanks to complete the following statements:

1. Real property is distinguishable from personal property in that real property __________. Personal property is generally made up of __________ , __________, and __________.

2. The __________ of each state governs __________, but the __________ primarily controls __________ and __________.

3. __________ defines and limits the exercise of private property rights through its __________.

4. The three forms of property ownership are (1) __________, (2) __________, and (3) __________.

5. A person who has a(n) __________ for the duration of his or her life has a(n) __________ in land. A person who leases real property has a(n) __________ in land entitled a(n) __________.

6. A(n) __________ is a(n) __________ grant of authority to do something in particular on another person’s land. Licenses may be __________ and can usually be __________.

7. Bailments involve _________ and __________. The most common type of bailment is the __________. There is no __________ or __________ involved.

8. Eight ways to acquire title to personal property are (1) __________, (2) __________, (3) __________, (4) __________, (5) __________, (6) __________, (7) __________, and (8) __________.

9. An adverse possessor must take __________ of the land, the possession of which must be __________, __________, and __________, and it must continue for a(n) __________ period of time.

10. The __________ provides notice of claims against real property to prospective purchasers of land. Each instrument is recorded at the __________, __________, __________, __________, and __________ are among the documents that are recorded.

11. While the classic examples of property ownership are tangible, intangible property is sometimes very valuable. Three examples of intangible property are __________, __________, and __________.

12. Land and things that are attached permanently to land are classified as __________ property.

13. Money, stocks and bonds, books, and clothing would be classified as __________ types of property.

14. Patents, copyrights, and the rights to a song would be classified as __________ property.

15. __________ ownership exists when property is held in joint tenancy, tenancy in common, and tenancy by the entirety.

16. The primary responsibility for defining and limiting the exercise of private property rights belongs to the __________ level of government.

17. __________ laws and regulations restrict the way real property is used.

18. The government has the right to take private property for a public purpose even if the landowner objects pursuant to __________.

19. A(n) __________ exists when an owner’s use of his or her property unreasonably infringes on another person’s use and enjoyment of her or his property rights.

20. The amount of interest a person has in land is called a(n) __________.