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34 Cards in this Set

  • Front
  • Back
Most of California Law originally came from where?
ENGLISH COMMON LAW
Courts rely on precident. This reliance of former court decision is called?
STARE DECISIS
In California, our system of statutes could best be described as..
CIVIL LAW
The _________ is the supreme law of the land.
CONSTITUTION
The power of eminent domain, is in what amendment to the US Constitution?
FIFTH AMENDMENT
What things DO NOT apply in an Administractive Hearing? (3Things)
JURY
EVIDENCE
ATTORNEY
Most of Real Estate Law fall under what type of law?
CIVIL: FEDERAL STATUTES

IE:
Federal Housing Act
Equal Opportunity Act
Civil Rights Act
Truth in Lending Act
Fair Credit Reporting Act
Most laws governing ownership rights are at what level?

State
Federal
Local
City
STATE LEVEL
The regulation of Real Estate Licenses are covered in what Code?
BUSINESS AND PROFESSIONAL CODE
There is no Uniform Code for what?
REAL PROPERTY
The Real Estate Commissioner is appointed by the ________.
STATE GOVERNOR
The commissioner has the responsibility to do what?
ENFORCE LAW
ISSUE REGULATIONS
The regulations of the administrative agency has the responsibility to provide what?
HOLD PUBLIC HEARINGS
CARRY OUT STATUTES
The ______ ______ Act authorizes the commissioner to hold formal hearings involving licensees applicants, licensees, or sub-dividers.
ADMINISTRATIVE PROCEDURE
TRUE OR FALSE..

An action of the Real Estate Commissioned cannot be appealed.
FALSE
Actions can be appealed to the California Supreme Court
TRUE OR FALSE

The RE Commissioner does not have the authority to settle common disputes such as employee disputes.
TRUE

This would need to go to civil or arbitration
The ________ is the highest court in the land.
US SUPREME COURT
What happens if the Supreme Court refuses to hear a case?
The lower court decision stands.
This is the court you would go to for a claim over 25,000.00
SUPERIOR COURT
Most Real Estate Cases are heard in what court?
SUPERIOR COURT
A lawsuit begins when the ______ files a complaint against the _______.
1) PLAINTIFF

2) DEFENDANT
Why would a court most likely charge SPECIFIC PERFORMANCE in a case involving real estate?
Because all homes are unique, therefore a monetary award would not equal the value of the real estate.
If I receive money to pay for my medical bills, the award is called ________ damages.
COMPENSATORY
If I receive ADDITIONAL monetary damages for a claim beyond the actual damage, I receive ______ damages.
EXEMPLARY DAMAGES
Why might a judge award a plaintiff a sum of $1.00?
Though the claim is true, it did not cause a damage substantial.

NOMINAL DAMAGE
The remedy in which a person is ordered to cease and desist from an activity is called an _____________.
INJUNCTION
_______ ______ is a legal action to determine the ownership or rights in real property.
QUIET TITLE
_____________ is the mutual release of a contract.
RECISSION
If a court re-writes a contract to read as it was intended to read this is a ___________.
REFORMATION
What does a person NOT have the right to in arbitration?
An APPEAL
When an outside third party works with people in a dispute to help them solve the issue.
MEDIATION
TRUE OR FALSE

Mediation is binding.
No, it is non-binding
The Equal Opportunity Act is best described as what type of law?
CIVIL LAW
The document that initiates the process to determine whether a licensee should be formally disciplined, is known as ________.
ACCUSATION