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REVIEW QUESTIONS- CHAPTER 12 PROPERTY LAW

Key Terms
In the space provided, write the letter of each term described. Not all terms are
described.
1.
2.

9.

Ownership rights in property


An action to have personal property returned to
its original possessor
The right of government to take private property
for a public purpose
Exists when the use of land poses a generalized
threat to the public
Maximum ownership- rights to land permissible by
las
A tort that requires proof of injury distinct from
that suffered by the general public
Movable physical objects, intangible rights arising
out of ownership of such objects, and intangible
property
The person to whom personal property is
delivered without title being conveyed
Immovable property

1
0.
1
1.

The transfer of possession of personal property on


a nonpermanent basis
A right, given by th government, to make, use,
and sell an invention

3.
4.
5.
6.
7.
8.

a.

Eminent domain

b.

Personal property

c.

Private nuisance

d.

Title

e.

Fee simple

f.

Bailee

g.

Replevin

h.

Real property

i.

Easement

j.

Fixture

k.

Bailment

l.

Public nuisance

m
.

Patent
Trademark

n.
TRUE-FALSE QUESTIONS
Choose 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 students laptop computer can be subject to both tangible and
intangible property rights.
5. T F Life estates can be passed on to heirs
6. T F Property rights are tangible when some future event must occur before
the right becomes fully effective.

7.

T F

8.

T F

9.
10
.
11
.
12
.
13
.

T F
T F
T F
T F
T F

14 T F
.

In a tenance in common, property rights pass through a deceased


persons will to heirs.
A thief who steals another persons camera has possession as well as title
to the camera.
Laptop is an example of a copyright.
When state governments establish zoning regulations, they do so
pursuant to the police power on behalf of the general public.
Persons responsible for public nuisances are subject to criminal
prosecution.
Persons responsible for private nuisances are subject to criminal
prosecution.
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.
A portable window air conditioner is an example of a fixture.

MULTIPLE-CHOICE QUESTIONS
Choose the best answer.
1. The lawful exercise of the police power would not include
a. Zoning
b. Taxation
c. Eminent domain
d. Nuisance
e. Easements
2. The police power of the state refers to the states inherent right to protect
public
a. Health
b. Welfare
c. Safety
d. 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. Creation
b. Capture
c. Accession
d. Finding
e. 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 intent
b. Actual or constructive delivery of what is being given
c. Acceptance of the gift by the recipient
d. 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 care
b. Reasonable care
c. Slight care
d. 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 care
b. Reasonable care
c. Slight care
d. 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 ownership
b. Tenancy by the entirety
c. Joint tenants
d. Tenants in common
8. A bailment exists when a person
a. Barters legal services for housecleaning
b. Leaves clothes at a dry cleaners
c. Sells a lawnmower
d. Allows her swing set to be used on a regular basis by the neighbors
child
9. Which of the following would generally be considered to be included in the
term personal property?
a. A house
b. A lake
c. Farmland
d. A ninety-year old tree
e. None of the above
10.A cellular telephone company has which type of property interest in the air
time used by its customers?
a. Tangible
b. Intangible
c. Real
d. Two of the above
e. None of the above
11.Since the 1940s, an individuals rights to use land as he or she wishes have
a. Essentially stayed as they were prior to the 1930s
b. Increased due to judicial decisions by state courts
c. Increased due to U.S. Supreme Court decisions
d. Increased, primarily due to legislative initiatives
e. 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. Life
b. Liberty
c. Property
d. All of the above
e. 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 safety
b. Welfare

c. Morals
d. All of the above
e. A and B

14.Government defines and regulates the exercise of private property rights


through
a. Zoning laws and regulations
b. Taxation
c. Laws against nuisances
d. All of the above
e. Two of the above
COMPLETION QUESTIONS
Fill 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 persons 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 owners use of his or her property
unreasonably infringes on another persons use and enjoyment of her or his
property rights.
20.The amount of interest a person has in land is called a(n) __________.