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30 Cards in this Set
- Front
- Back
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Which federal court reviews IRS rulings |
US tax Court These courts are located throughout the US to hear cases regarding tax issues . They review IRS decisions. |
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In a typical civil case, the burden of proof is on the: Judge Officer of the court Defendant Plaintiff |
Plaintiff A burdens of proof is a party’s duty to prove a claim or defense to a certain standard |
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What does not occur during a pre-trial conference? A trial is prepared Attorneys and parties will revisit the financial costs and unpleasantness of going to a trial Parties may or may not consider settlement The court enters pretrial order |
The court enters a pre-trial order |
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Mary and Ben were having a dispute over an employment contract. They agreed to allow a third party to listen to their issues and help them come to a resolution. This is a description of what type of dispute resolution? Arbitration Litigation Mediation Estoppel |
Mediation The use of a third party to listen, discuss, and attempt to help resolve their issue. |
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It is key for an agent to learn about the laws because: They need to be able to memorize them They should be able to give their clients legal advice They have too many laws that apply to their transactions They need to know the origination and support those rules |
They need to know the origination and support for those rules |
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In a civil case, the primary goal is to compensate the injured party for the damage done to him/her by: Establishing case precedent Awarding either a legal remedy or equitable remedy Not providing an equitable remedy Requiring a specific performance from the plaintiff |
Awarding a legal remedy or equitable remedy |
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Which of the following is not an equitable (Non-Monetary) remedy? Liquidated Damages Rescission Quiet title Foreclosure |
Liquidated Damages (Monetary Remedy) |
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Which state court is known as the “People’s Court”? Family Court Small Claims Court Court of Appeals District Court |
Small Claims Court |
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Which of the following is not a purpose of laws in our society? To make associations between individuals and government To set standards To settle disputes To safeguard liberties and rights |
To make association between individuals and governments Laws set standards, preserve order, settle disputes, and safeguard liberties and rights. |
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Another name for common law, which is the overall accumulation of judicial decisions is what? Constitutional Law Case Law Administrative Law Contract Law |
Case Law |
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In a civil case, pleadings refer to: Counter-claims filed by defendant Each party’s side of the dispute Gathering relegate evidence Filing suit |
Each party’s side of the dispute Each party in a lawsuit files initial papers known as pleadings. The pleadings explain each party’s side of the dispute. |
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The individual state’s common laws of torts and contracts are unique because: They are the same as federal contract laws They can be enforced on a federal or state level The powers of these belong exclusively to the state They are considered universal |
The powers of these belong exclusively to the state Divorce and torts and contracts |
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In the Uniform Commercial Code, negotiable instruments are all of the following EXCEPT: Cash Promissory Notes Drafts Checks |
Cash Negotiable instruments include: Drafts, Checks, Promissory Notes, Certificates of Deposit |
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During jury selection, parties may not use peremptory challenges because of an individual’s Bias Race Age Economic status |
Race Courts have ruled that parties may not use peremptory challenges to dismiss potential jurors because of their race or sex. |
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The Bill of Rights protects individuals by: Dividing power into three main branches Laying out the organization and powers of the federal government Making sure all the laws agree with the US Constitution Limiting government power |
The Bill of Rights protects the rights of individuals by limiting government power |
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The Bill of Rights protects individuals by: Dividing power into three main branches Laying out the organization and powers of the federal government Making sure all the laws agree with the US Constitution Limiting government power |
The Bill of Rights protects the rights of individuals by limiting government power |
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The Bill of Rights protects individuals by: Dividing power into three main branches Laying out the organization and powers of the federal government Making sure all the laws agree with the US Constitution Limiting government power |
The Bill of Rights protects the rights of individuals by limiting government power |
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What kind of appeal goes straight to the California Supreme Court? Civil Murder Death Penalty Fraud |
Death Penalty Death Penalty appeals and disciplinary cases involving lawyers and judges are not heard in the court of appeal. They go directly to the Supreme Court. |
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What is another term given to case law? State Law Common Law Property Law Civil Law |
Common Law |
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Which of the following is NOT an important source of law in the United States? International Law United States Constitution Local ordinances Rulings of Federal, State and Local agencies |
International Law Important sources of law in the United States include: The US Constitution, Federal law and statutes, State Constitutions, State laws and statutes, Local ordinances, rulings of Federal, state and local agencies, and court decisions |
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All of the following are types of monetary damages EXCEPT: Restitution Passive Compensatory Nominal |
Passive Monetary remedies that can be awarded as a result of suit: Compensatory damages: pay the person who was injured. Exemplary damages: punitive damages, deliberate acts that were malicious, violent, oppressive, fraudulent, cruel Liquidated Damages: awarded by court judgement or contract stipulation regarding breach of contract for a loss or injury to a person or a person rights. Nominal Damages: when a legal wrong has occurred, where there was no actual financial loss as a result of that wrong. |
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Rules and regulations enacted by various federal agencies are important to real estate because: They are laws passed by congress Many are listed in the constitution Several of the agencies involve housing and/or financial transactions They are considered guidelines rather than laws |
Several of the agencies involve housing and/or financial transactions These laws range from consumer protection to anti-discrimination laws, others impact real property and real estate practices |
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The law enforces promises through: Monitoring our daily activities The use of contracts The preservation of order Setting standards |
The use of contracts The use of contracts forms all the basis of all business transactions. |
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In a civil case, the party bringing suit for injury is called the: Plaintiff Attorney Defendant Judge |
Plaintiff The party who brings a civil case claiming to have been injured by the wrongful conduct of the defendant. |
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Which body of law is designed to protect the public from harm? Personal property Civil Law Criminal Law Tort Law |
Criminal Law The law of public rights and duties |
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Certain amendments will be of particular interest to real estate professionals because: They discuss real estate transactions They impact property rights Everyone should know the amendments They explain implied powers |
They impact property rights The protections involve; due process, equal protection, just compensation, no unreasonable searches or seizures, defense against certain government actions |
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In the United States, the primary source of the law comes from: Civil Law Statues Case precedents State regulations |
Case Precedents The system that grew in the United States is built on a dual system of codified laws and case precedent. Cases are the primary source of law. |
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Monetary Damages |
Compensatory Damages Exemplary Damages Liquidated Damages Nominal Damages |
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Equitable Remedies |
Specific Performance Rescission Reformation Injunction Foreclosure Quiet title Declaration Relief Action |
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Alternative Dispute Resolution (ADR) |
Private approach to resolving disputes, mediation and arbitration |
