Chapter Quizzes

Question 1

The system in which judges create law thru their published opinions is called:
A. Spanish law
B. feudal law
C. civil law
D. common law

Answer 1

D. Common law

In the common law system, decisions by higher courts are considered binding precedent that must be followed by lower courts in the same jurisdiction.

Question 2

Which one of the following parties can bring a criminal action against someone?
A. The defendant
B. The state
C. A person injured by a drunk driver
D. Any judge

Answer 2

B. The state

Only the state/government can prosecute a criminal action. Private parties may bring civil actions.

Question 3

Civil law includes:
A. Contract matters
B. Tort matters
C. Property matters
D. All of the above

Answer 3

D. All of the above

Civil law includes contract law, tort law, and property law.

Question 4

Tort law required that people:
A. Honor valid contracts
B. Exercise reasonable care to avoid injuring others
C. Avoid violating any criminal law
D. Use the “beyond a reasonable doubt” standard of proof

Answer 4

B. Exercise a reasonable care to avoid injuring others

Tort law imposes a duty on a persons to exercise reasonable care to avoid injuring others.

Question 5

The US Constitution and the California state constitution:
A. Protect persons from having certain rights violated by the government
B. Protect persons from having certain rights violated by anyone
C. Are identical
D. California has no state constitution

Answer 5

A. Protect persons from having certain rights violated by the government

Both the US Constitution and the California state constitution protect individuals from having certain rights violated by the state/government.

Question 6

Due process includes:
A. The right to equal protection of the laws
B. The president’s right veto legislation
C. The right to a fair hearing
D. The distinction between civil and criminal law

Answer 6

C. The right to a fair hearing

The right to due process means that a person cannot be deprived of life, liberty, or property without a fair hearing before an impartial judge.

Question 7

A city council would most likely create law by:
A. Passing an ordinance
B. Making an agency decision
C. Passing a statute
D. Exercising veto power

Answer 7

A. Passing an ordinance

An ordinance is a law passed by a local body, such as a city or county council.

Question 8

Legislatures: 
A. Exist at both state and federal levels
B. Consist of two separate chambers
C. Can override an executive veto
D. All of the above

Answer 8

D. All of the above

Both state and federal government have legislatures that are each made up of two parts (Federal: Senate & House of Reps / State: Senate & Assembly). A 2/3 majority vote by both houses will override an executive veto.

Question 9

A social welfare agency denies the claimant’s application for benefits. Which of the following is true?
A. The claimant may appeal the adverse decision directly to the appellate court
B. There must be an agency hearing before the claimant can bring a court appeal
C. The Takings Clause requires that the agency hold a hearing if a claimant contests a denial of benefits
D. The Due Process Clause applies only to the judicial and executive branches; there is no right to appeal agency decisions so the claimant is out of luck

Answer 9

B. There must be an agency hearing before the claimant can bring a court appeal

Generally, a party disputing an Administrative agency’s decision must appeal to the agency itself, and the hearing is held. If the claimant is unhappy with the results of the hearing, she made an appeal to superior court.

Question 10

A lawyer appearing before the CA Court of Appeals for the First District claims that the issue on appeal has been settled by a recent CA Supreme Court decision. Which of the following answers best characterized the situation?
A. The appellate court must follow the rule announced in the supreme court case, under the doctrine of STARE DECISIS
B. The appellate court may avoid following the supreme court case by holding that the case concerned a different kind of situation and that doesn’t apply
C. STARE DECISIS is a federal court doctrine and doesn’t apply to state court, leaving the appellate court free to act without considering CA Supreme Court decisions
D. Both A & B

Answer 10

D. Both A & B

Under the doctrine of stare decisis, the appellate court must follow the rules set in the supreme court case. However, if the facts of these cases are considerably different, the appellate court may decide that the rule doesn’t apply.

Question 11

Which of the following is true of an appeal?
A. It is essentially a second trial, only without a jury
B. The trial transcript is reviewed
C. Expert witnesses may testify
D. A fresh jury must be chosen

Answer 11

B. The trial transcript is reviewed

The appellate court reviews the transcript of the trial to determine whether there were any prejudicial errors on questions of law. Lawyers present oral arguments to the appellate court, but no witnesses testify, and there is no jury.

Question 12

Which of the following is a question of law?
A. Did the agent sign the arbitration provision?
B. Was the agent negligent?
C. Did the seller tell the agent about the lawsuit?
D. How much money did it cost to repair the water damage?

Answer 12

B. Was the agent negligent?

This is a question of law because the answer depends on the legal definition of negligence.

Question 13

Prejudicial error:
A. Means that the defendant made a religious slur during trial
B. Never involves a question of law
C. Requires some kind of modification of the lower court’s decision
D. Didn’t necessarily affect the outcome of the trial

Answer 13

C. Requires some kind of modification of the lower court’s decision

If there was prejudicial error in a trial (an error that affected the outcome), the appellate court will modify the trial court’s decision

Question 14

Arbitration differs from mediation in that:
A. Arbitration is more like a mini-trial
B. Mediation is more like a mini-trial
C. Arbitration is never required, mediation always is
D. Mediation is generally binding and the parties cannot appeal

Answer 14

A. Arbitration is more like a mini-trial

Arbitration involves a more formal proceeding than mediation. Arbitration may be required, and the decision may be binding.

Question 15

Whether a court has jurisdiction over a matter may depend on:
A. Where the parties live
B. The amount of damages claimed by the plaintiff
C. The type of case
D. All of the above

Answer 15

D. All of the above

A court’s jurisdiction may be limited by where the parties reside, the amount of money at issue and by the type of case.

Question 16

Which of the following is true of California’s court system?
A. The superior court is the state’s highest court
B. Appellate courts can review superior court decisions
C. There are no appellate courts
D. The larger cities typically have municipal courts

Answer 16

B. Appellate courts can review superior court decisions

California has appellate courts that review decisions by its trial courts, which are called superior courts. Decisions of the courts of appeal can be reviewed by the California Supreme Court.

Question 17

Lawrence sues Carlos for negligence, claiming $85,000 in damages. Carlos lives in San Francisco and Lawrence lives in Los Angeles. Which of the following is true?
A. Federal diversity jurisdiction exists because the parties live in different counties and the amount in controversy exceeds $75,000
B. Negligence is a federal law issue and must be heard in a federal court
C. There is no federal diversity jurisdiction here since the parties don’t live in different states
D. US Citizens can always choose to bring their case in federal court

Answer 17

C. There is no federal diversity jurisdiction here since the parties don’t live in different states

For federal diversity jurisdiction, parties must live in different states.

Question 18

Man-made attachments are also known as:
A. Crops
B. Fixtures
C. Emblements
D. None of the above

Answer 18

B. Fixtures

There are two main categories of attachments: natural attachments, such as trees and crops; and man-made attachments, also known as fixtures.

Question 19

In California, growing crops:
A. Are fixtures and transfer automatically with the land
B. Belong to the seller
C. Are natural attachments and transfer automatically with the land, unless expressly reserved by the seller
D. None of the above

Answer 19

C. Are natural attachments and transfer automatically with the land, unless expressly reserved by the seller

In California, growing crops are natural attachments that are part of the realty and transfer automatically with the land unless expressly reserved by the seller in the deed of sale.

Question 20

The doctrine of emblements refers to a tenant’s right to:
A. Live on the land after her lease is terminated until she harvests her crops
B. Re-enter the land after termination of a five-year lease to harvest her crops
C. Re-enter the land after termination of an indefinite lease to harvest her crops
D. None of the above

Answer 20

C. Re-enter the land after termination of an indefinite lease to harvest her crops

The doctrine of emblements applies to crops planted by tenant farmers who lease land for an indefinite period of time, rather than for a specific number of years. If the tenancy is terminated through no fault of the tenant and the lease was for an indefinite period, the (former) tenant has the right to re-enter the land and harvest the first crop that matures after the end of the lease.

Question 21

Timber is attached to real property and transfers with the land, but may be considered personal property:
A. Upon actual severance
B. Upon constructive severance
C. Only once it’s been cut down
D. Both A&B

Answer 21

D. Both A&B

Trees and timber are attached to real property and transfer automatically with the land upon conveyance. However, naturally occurring trees and plants, once actually or constructively severed from the land, may also be considered personal property. The sale of standing timber constructively severed from the land is governed by the UCC.

Question 22

The rule of capture states that:
A. The owner of surface property also owns all the oil and gas under it
B. Oil or gas is not owned until it is pumped to the surface and reduced to possession
C. There is no ownership of solid minerals until they have been mined
D. Both B&C

Answer 22

B. Oil or gas is not owned until it is pumped to the surface and reduced to possession

The rule of capture states that there is no ownership of oil or gas until it has been pumped to the surface and reduced to possession. Note that this is because oil and gas are transitory. For that reason, the rule of capture does not apply to solid minerals.

Question 23

Property is either real (immovable) or: 
A. Appurtenant
B. Naturally attached
C. Personal (movable)
D. Tangible

Answer 23

C. Personal (movable)

Section 657 of the Civil Code defines property in California as either real (immovable) or personal (movable).

Question 24

The water rights of someone who owns property beside a river are called:
A. Appropriative rights
B. Overlying rights
C. Riparian rights
D. All of the above

Answer 24

C. Riparian rights

Someone who owns land beside a river is called a riparian landowner, and her water rights are called riparian rights.

Question 25

A commercial tenant signs a lease that states, “All fixtures installed by tenant, including counters and shelving, became part of the premises and belong to the landlord upon termination of the lease.” At the end of the lease, the tenant: A. Has the right to remove the shelves because they are trade fixtures B. Can remove the shelves if he doesn’t damage the landlord’s property C. Can’t remove the shelves; they would normally be considered trade fixtures, but the parties agreed that they would become part of the real property D. Both A&B

Answer 25

C. Can’t remove the shelves; they would normally be considered trade fixtures, but the parties agreed that they would become part of the real property While the shelves installed by a commercial tenant would normally be considered trade fixtures and removable at the end of the lease, if there is written agreement between the parties stipulating how a particular item is to be treated, a court will respect and enforce the written document.

Question 26

During discovery, the plaintiff in a contract dispute sends the defendant interrogatories that ask if he has ever received treatment for substance abuse and, if so, to list the dates of treatment and the names of providers. Which of the following is true? A. This question is clearly more suited to a deposition than to interrogatories B. The defendant may try to object to the question on the grounds of relevance C. Discovery does not apply to civil suits; it is reserved for criminal cases D. Interrogatories and depositions are tools that enable the defendant to learn about the plaintiff’s case; plaintiffs can never use these forms of discovery

Answer 26

B. The defendant may try to object to the question on the grounds of relevance The defendant might refuse to answer the question on grounds that it isn’t relevant to the issues in the contract dispute.

Question 27

During trial, a doctor testified that a certain medical condition is best treated with a particular prescription drug. Which of the following is true? A. This is testimony may be proper if the witness is an expert B. This is opinion testimony and the rules of evidence forbid opinion testimony C. Any witness can offer opinion testimony, provided there is substantial factual support for the opinion D. All of the above

Answer 27

A. This is testimony may be proper if the witness is an expert Expert witnesses are allowed to give opinion testimony.

Question 28

A listing agreement provides that any dispute arising out of the agreement will be settled through binding arbitration. A dispute over the commission arises, and the listing agent begins an arbitration action. The arbitrator rules in favor of the listing agent. Can the seller appeal this decision? A. Yes, because arbitration award may be appealed B. Yes, because this was court-ordered arbitration C. No, because this was contract-required binding arbitration D. Yes, because this was contract-required binding arbitration

Answer 28

C. No, because this was contract-required binding arbitration Contract-required arbitration generally cannot be appealed.

Question 29

``` Custom-made curtains for unusually shaped windows in a home will likely be considered fixtures based upon which test? A. Adaptation to the realty B. Constructive annexation C. Method of attachment D. None of the above ```

Answer 29

A. Adaptation to the realty Custom-made curtains for unusually shaped windows will likely be considered fixtures based upon the adaptation to the realty test. Items will usually be considered fixtures if they were specifically designed for the property or are integral to its use, even if they are not permanently attached.

Question 30

Constructive severance occurs when: A. An interest in the land has been sold or transferred separately from the real property, but the interest in question remains, in, on, or attached to the land itself B. An item has been cut down or harvested, such as timber or crops C. A landowner terminates a tenant farmer’s lease D. None of the above

Answer 30

A. An interest in the land has been sold or transferred separately from the real property, but the interest in question remains, in, on, or attached to the land itself Constructive severance occurs when an interest in the land has been sold or transferred separately from the real property, but the interest in question remains in, on, or attached to the land itself. Once constructively severed, the item in question becomes personal property.

Question 31

``` An interest in land that is, or may become, possessory is a/an: A. Estate B. Profit a prendre C. License D. None of the above ```

Answer 31

A. Estate An estate is an interest in land that is, or may become, possessory. The other two options are not possessory interests.

Question 32

``` Mary grants her property “to Billy for life, then to Susan.” Susan’s interest is called a: A. Reversion B. Remainder C. Contingent estate D. Life estate ```

Answer 32

B. Remainder Susan is a third-party, so her future interest is a remainder.

Question 33

Mary grants her property “to Billy for life.” When Billy dies the property will: A. Pass to the remainderman B. Pass to the life tenant C. Revert to Mary or her heirs or assigns D. Pass to the state

Answer 33

C. Revert to Mary or her heirs or assigns Since Mary didn’t name a remainderman, the future interest is in an estate in reversion, and the property will revert to the grantor or her heirs or assigns when the life estate ends.

Question 34

``` Mark grants his property “to the City of Malibu for so long as the property is used as a youth center.” Several years later, the city tears down the youth center to build an office building. Mark’s right to sue for the return of the property is known as a: A. Right of re-entry B. Possibility of reverter C. Power of termination D. Both A&C ```

Answer 34

D. Both A&C Under common law, Mark’s right to sue for return of the property would be a power of termination, also known as a right of re-entry.

Question 35

``` I will states, “to Laura for the life of Sally, remainder to Janet.” Sally is the: A. Life estate B. Measuring life C. Remainderman D. None of the above ```

Answer 35

B. Measuring life Sally is the measuring life. When Sally dies, Laura’s life estate ends.

Question 36

Peter hold a life estate in Mariko’s property. Without Mariko’s permission, Peter lets a lumber company clear the property at all standing timber. A court would probably find that Peter has: A. The right to sell the timber, since he has possessory interest in the property B. The right to sell the timber, since Mariko give Peter a life estate C. Committed waste and is liable for the diminished value of the property D. None of the above

Answer 36

C. Committed waste and is liable for the diminished value of the property A court would probably find that Peter has committed waste and is liable to Mariko for the diminished value of her reversionary interest.

Question 37

``` Alice leases an apartment to Steven a period “beginning August 1 and ending October 31.” Steven’s leasehold estate is a: A. Term tenancy B. Periodic tenancy C. Tenancy at will D. Tenancy at sufferance ```

Answer 37

A. Term tenancy A term tenancy is any tenancy for a fixed period of time, even if the term of the lease is less than one year.

Question 38

``` Ed rents an apartment for an unspecified period of time. The rental agreement requires him to pay the landlord $600 per month. Ed’s leasehold estate is a: A. Term tenancy B. Periodic tenancy C. Tenancy at will D. Tenancy at sufferance ```

Answer 38

B. Periodic tenancy Ed has a periodic tenancy. When property is leased for an unspecified period of time and the tenant pays rent, it’s a periodic tenancy, with the length of the rental period determined by the frequency of the rent payments.

Question 39

Catherine lives with her aunt, free of charge, in exchange for caring for her aunt in her old age. When the aunt dies: A. Catherine to tenancy at will terminates automatically B. Catherine can continue to live on the property, since aunt gave her permission C. Catherine will become a tenant at sufferance if she refuses to move D. Both A&C

Answer 39

D. Both A&C When Catherine’s aunt dies, her tenancy at will terminates automatically. If she refuses to move, she will become a tenant at sufferance.

Question 40

``` Kurt is living in one of Bob’s apartment units without permission. Kurt offers to pay rent if Bob will let him stay, but Bob refuses. Under California law, Kurt is a: A. Periodic tenant B. Tenant at will C. Tenant at sufferance D. Trespasser ```

Answer 40

D. Trespasser Kurt is a trespasser because he never had permission to enter or possess the apartment unit. He would only be a tenant at will or at sufferance if he originally had Bob’s permission to enter and possess the property, but then overstayed the period of permission.