Question 1

_____________ is the tort that occurs when intellectual property,such as copyrights,patents,trade secrets or trademarks,is taken by others without permission.

Accepted Answer

A)  conversion
B)  trespass to personal property
C)  negligence
D)  nuisance
E)  invasion of privacy

Question 2

In Neilsen v.Gold's Gym,where Gold's leased space for a new gym,but got into a dispute with the landlord of a the commercial space before it even moved in,the unclear terms of the lease led to the courts:

Accepted Answer

A)  holding the lease to be unenforceable
B)  holding the lease to be legal and binding
C)  requiring Neilson to pay damages for breach of contract
D)  requiring Gold's Gym to pay damages for breach of contract
E)  none of the other choices are correct

Question 3

In Smith v.Kulig,Smith was killed when he was visiting a friend's apartment and the fire escape outside of the apartment collapsed when Smith walked on it.The courts held the landlord violated a duty of care to the tenant and his guests,so was liable.

Accepted Answer

A) True 
 B)False

Question 4

The most common form of real property ownership that gives exclusive possession to a particular piece of land for an indefinite time is:

Accepted Answer

A)  deed
B)  title
C)  a fee simple
D)  life estate
E)  leasehold

Question 5

Intentional and wrongful interference with another person's briefcase may be the tort of trespass to personal property.

Accepted Answer

A) True 
 B)False

Question 6

An easement is a servitude that limits the right of an owner to exclusive use and possession of real property.

Accepted Answer

A) True 
 B)False

Question 7

Once an easement is granted:

Accepted Answer

A)  it is only valid as long as the estate holder to granted it is in possession of the estate
B)  it is only valid as long as the estate holder to granted it is alive
C)  it is only valid as long as the original easement holder is alive
D)  it may not be interfered with by the property owner unless the easement holder agrees
E)  none of the other choices are correct

Question 8

A covenant is:

Accepted Answer

A)  an agreement attached to a piece of land that "runs" with the land
B)  an agreement attached to a moveable piece of property that can only be undone by a state supreme court
C)  an unwritten promise between landowners
D)  the first step in bringing a property suit to court
E)  none of the other choices are correct

Question 9

Private and public nuisances are:

Accepted Answer

A)  the two kinds of nuisances recognized by the law of torts
B)  the two kinds of assaults recognized by the law of torts
C)  two of the five kinds of nuisances recognized by the law of torts
D)  two of the ten kinds of nuisances recognized by the law of torts
E)  two of the three kinds of nuisances recognized by the law of torts

Question 10

In Moran v.Sims,where the house Sims built was surrounded by land owned by Moran,and Sims sued for an easement for access to his house,the courts held that Sims had a prescriptive easement because he fulfilled which of the following conditions:

Accepted Answer

A)  his use of the driveway was open,notorious and visible
B)  his use of the driveway was hostile because there was no evidence of consent from the previous owners
C)  he had a claim of ownership because he bought gravel for the driveway
D)  his use of the driveway since 1985 had been open,notorious and visible
E)  all of the other specific choices are correct

Question 11

Your next door neighbor plays his stereo very loud at 3 am.He ignores your repeated requests for quiet and keeps up this habit.You are most likely to win a suit for the tort of:

Accepted Answer

A)  mental distress
B)  invasion of privacy
C)  trespass to property
D)  conversion
E)  none of the other choices

Question 12

When a wrongdoer harms a person's interest in land or personal possessions,this is referred to as:

Accepted Answer

A)  a misdemeanor
B)  a contractual wrong
C)  a tort against property
D)  a libel against the person
E)  none of the other choices

Question 13

Commercial leases,compared to residential leases,tend to:

Accepted Answer

A)  be much longer
B)  be more controlled by state statute
C)  require the landlord to provide most interior furnishings
D)  be more likely to be of short duration
E)  all of the other choices

Question 14

Copyrights and patents are forms of real property.

Accepted Answer

A) True 
 B)False

Question 15

The power to take private property for public use without consent of the owner is:

Accepted Answer

A)  privity
B)  eminent domain
C)  caveat emptor
D)  easement publica
E)  Lanham Act action

Question 16

Positive easements:

Accepted Answer

A)  allow the easement holder to go on the estate for certain purposes
B)  do not allow the easement holder to physically go on the estate
C)  prevent the landowner from using the estate in the same way as the easement holder
D)  are issued by the state supreme court
E)  none of the other choices are correct

Question 17

Anna transfers,to her mother Mildred,the right to use Anna's second home so long as Mildred is alive.This is known as:

Accepted Answer

A)  a fee simple
B)  a fee absolute
C)  a life estate
D)  a tenancy
E)  a lease

Question 18

During the term of the lease the ____________ has the right of possession of the property.

Accepted Answer

A)  landlord
B)  leasehold
C)  tenant
D)  court
E)  none of the other choices are correct

Question 19

The tort defined as the intentional and unlawful control or appropriation of the personal property of another is:

Accepted Answer

A)  battery to property
B)  trespass to property
C)  negligent property use
D)  nuisance
E)  none of the other choices

Question 20

_____________ is the tort that occurs when intellectual property,such as copyrights,patents,trade secrets or trademarks,is taken by others without permission.

Accepted Answer

A)  conversion
B)  trespass to personal property
C)  misappropriation
D)  nuisance
E)  invasion of privacy

Exam 8: Real and Personal Property

During the term of the lease the ____________ has the right of possession of the property.

Correct AnswerverifiedShow Answer

The most common form of real property ownership that gives exclusive possession to a particular piece of land for an indefinite time is:

Correct AnswerverifiedShow Answer

A covenant is:

Correct AnswerverifiedShow Answer

Positive easements:

Correct AnswerverifiedShow Answer

Intentional and wrongful interference with another person's briefcase may be the tort of trespass to personal property.

Correct AnswerverifiedShow Answer

Anna transfers,to her mother Mildred,the right to use Anna's second home so long as Mildred is alive.This is known as:

Correct AnswerverifiedShow Answer

In Smith v.Kulig,Smith was killed when he was visiting a friend's apartment and the fire escape outside of the apartment collapsed when Smith walked on it.The courts held the landlord violated a duty of care to the tenant and his guests,so was liable.

Correct AnswerverifiedShow Answer

In Neilsen v.Gold's Gym,where Gold's leased space for a new gym,but got into a dispute with the landlord of a the commercial space before it even moved in,the unclear terms of the lease led to the courts:

Correct AnswerverifiedShow Answer

Copyrights and patents are forms of real property.

Correct AnswerverifiedShow Answer

When a wrongdoer harms a person's interest in land or personal possessions,this is referred to as:

Correct AnswerverifiedShow Answer

Your next door neighbor plays his stereo very loud at 3 am.He ignores your repeated requests for quiet and keeps up this habit.You are most likely to win a suit for the tort of:

Correct AnswerverifiedShow Answer

In Moran v.Sims,where the house Sims built was surrounded by land owned by Moran,and Sims sued for an easement for access to his house,the courts held that Sims had a prescriptive easement because he fulfilled which of the following conditions:

Correct AnswerverifiedShow Answer

The power to take private property for public use without consent of the owner is:

Correct AnswerverifiedShow Answer

Once an easement is granted:

Correct AnswerverifiedShow Answer

Commercial leases,compared to residential leases,tend to:

Correct AnswerverifiedShow Answer

_____________ is the tort that occurs when intellectual property,such as copyrights,patents,trade secrets or trademarks,is taken by others without permission.

Correct AnswerverifiedShow Answer

The tort defined as the intentional and unlawful control or appropriation of the personal property of another is:

Correct AnswerverifiedShow Answer

Private and public nuisances are:

Correct AnswerverifiedShow Answer

_____________ is the tort that occurs when intellectual property,such as copyrights,patents,trade secrets or trademarks,is taken by others without permission.

Correct AnswerverifiedShow Answer

An easement is a servitude that limits the right of an owner to exclusive use and possession of real property.

Correct AnswerverifiedShow Answer

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