Deck 12: Property

Question 1

Patents are only granted for inventions that are beneficial.

Answer 1

True

Question 2

Environmental laws are an example of how individual property rights have increased since the 1930s.

Answer 2

False

Question 3

Authors, musicians, and computer software engineers are able to get an exclusive property right to their work.

Answer 3

True

Question 4

The lawful exercise of the police power with respect to property includes nuisance.

Question 5

After the Civil War, when one landowner did something that conflicted with another landowner's use of their land, the courts would

A) balance uses, considering socially desirable benefits.
B) express a preference for development.
C) Both A and B are correct.
D) None of the above is correct.

Question 6

Stocks, bonds, and money are classified as fixtures.

Question 7

Sally wants to give Isaac her car once he successfully completes his driving test.What kind of property right does Sally wish to give?

A) A realty property right
B) A vested property right
C) A contingent property right
D) None of the above is correct.

Question 8

A testator is someone who creates a bailment relationship.

Question 9

The Nike "Swoosh" is an example of a trademark.

Question 10

If someone finds an object, they have a duty to make an effort to find the owner.

Question 11

Environmental regulations

A) increasingly impact homeowners.
B) aim to protect species from extinction.
C) aim to balance protection of the environment with private property rights.
D) All of the above are correct.

Question 12

The ideas of John Locke were influential in early property law.

Question 13

In a joint tenancy, a deceased tenant's rights pass according to the will.

Question 14

Property refers to a person's ownership rights to things and to a person's interests in things owned by someone else.

Question 15

Which of the following factors is considered in determining whether property is a fixture?

A) The extent of the physical connection or annexation of the item to the real property
B) The extent to which the property is adapted or fitted to the real property
C) The intention of the annex or to have the property become permanently affixed
D) All of the above are correct.

Question 16

Trademarks, patents, and copyrights are examples of intangible property.

Question 17

A camera is only the subject of tangible property rights.

Question 18

A private easement involves a use of land that does not pose a generalized threat to the public.

Question 19

The takings clause is located in the Fifth Amendment to the U.S.Constitution.

Question 20

In a tenancy in common involving three tenants, the entire tenancy passes to the two survivors upon the death of the third and bypasses the deceased person's will.

Question 21

A bailment exists when a person

A) swaps her mountain vacation rental cabin for another person's condo at the beach.
B) leaves clothes at a dry cleaner's to be laundered.
C) sells some furniture.
D) allows his pool to be used on a regular basis by the neighbors.

Question 22

Zoning ordinances

A) can be very controversial.
C) influence whether or not to grant licenses.
B) promote health, safety, and public interest.
D) All of the above are correct.

Question 23

Fungible goods are

A) goods which have been gifted or donated.
B) goods that are similar.
C) goods that are inherited.
D) all of these answers are correct.

Question 24

Which of the following is not a way in which personal property can be acquired?

A) Creation
B) Purchase
C) Adverse possession
D) Capture
E) Finding

Question 25

Eminent domain is constitutionally supported by

A) the Takings Clause.
B) the right to Due Process.
C) the Equal Protection Clause.
D) None of the above is correct.

Question 26

Which of the following is not a requirement for obtaining title by adverse possession?

A) Possess the land openly and notoriously.
B) Possess the land without the consent of the owner and hostilely to the best interest of the owner.
C) Possess the property continuously for a statutory period.
D) Live on the property with the knowledge of the true owner, without interruption, to the detriment of the property.

Question 27

The Bartons own 10 acres of land.One day they look out of their window and see the state highway department digging up one end of their property.When they speak with the head of the road crew, they learn for the first time that their land has been taken by the state to be used for a new highway, pursuant to a statute that requires only that notice of the taking be advertised in a newspaper for 10 consecutive days.The Bartons think that this is unfair, and sue the state.Most likely the Bartons will

A) win because the statute violates constitutional due process rights.
B) lose because the state has sovereign immunity and cannot be sued.
C) lose because the state can exercise its power of eminent domain however it sees fit.
D) win because the government can never take private property for public use.

Question 28

Patents might be granted for

A) underground water rights.
B) music and fine art.
C) a newly discovered gene.
D) All of the above are correct.

Question 29

To give a gift, a donor must have

A) donative intent.
B) title to an item.
C) no expectation of a tangible return.
D) All of the above are correct.

Question 30

Adams finds that it takes less time to get home when she walks through Benson's yard instead of going around it.She asks Benson's permission to cross his land, and Benson says, "All right, but you must stop walking across when I say so because I don't want my grass to die." By letting Adams walk across his property, Benson has created

A) an easement because it gives Adams the right to do an act on Benson's property.
B) a license because Benson may revoke the privilege at any time.
C) an estate because it is an interest in land.
D) None of the above is correct.

Question 31

If someone fails to pay taxes, the government would

A) initiate a criminal action.
B) file a lien.
C) publish a notice in a local publication.
D) None of the above is correct.

Question 32

Toby and Rita Kahr were owners of 28 pieces of sterling silver that Rita's father had given them as a wedding present 27 years previously.Each piece of silver was engraved with the letter "K." On April 5, 1983, the Kahrs brought used clothing to Goodwill Industries and told Goodwill personnel that they wanted to make a donation of clothing.Unknown to Toby and Rita, the sterling silver, along with a wallet containing their credit cards, were included in their sacks.The Kahrs called Goodwill two hours later, when they realized what happened, and were told that the silver had been sold for $15 to Karen Markland.The Kahrs alleged that the silver had a value of $3,791.The Kahrs brought a replevin action against Goodwill and Markland to recover the silver.

A) As the property can be considered abandoned, both title and possessory rights vested in Goodwill.
B) As the property can be considered lost, both title and possessory rights vested in Markland.
C) As the property can be considered misplaced, title vested in Goodwill while the right to possess vested in Markland.
D) None of the above is correct.No gift of the silver was made to Goodwill as there was no donative intent, and as misplaced property, title remains with the Kahrs.

Question 33

Aspirin and thermos are examples of

A) intellectual property.
B) words that became too well recognized.
C) former trademarks.
D) All of the above are correct.

Question 34

The power of the government to take private property rights, provided that just compensation is provided and due process afforded, is referred to as

A) eminent domain.
C) habeas corpus.
B) Comity.
D) res judicata.

Question 35

Property that has no physical form is

A) tangible.
B) intangible.
C) vested.
D) None of the above is correct.

Question 36

In which of the following situations has a mutual benefit bailment been created?

A) A restaurant customer hangs her coat on a self-service coat rack next to the table at which she is dining.
B) Bob borrows his friend's tractor.
C) Ruby drops her parrot off at her neighbor's house for her to look after while Ruby is on vacation.
D) For a minimal fee, Nadine checks her faux fox coat with the check service offered at a restaurant.

Question 37

The most common means of obtaining personal property is

A) capture.
B) inheritance.
C) purchase.
D) assession.

Question 38

Ruby inherited her grandmother's estate, Jewelstone, when she was 21 years old.Several years later she married Bob, and together over the course of their marriage they had two daughters, Pearl and Emerald.Ruby wishes to make out a will and ultimately leave Jewelstone to the girls, but should she predecease Bob, she wants to make sure that he can live there until he dies.She doesn't wish to leave Jewelstone to Bob outright for fear that he might remarry after her death, and she doesn't wish for his second wife or her heirs to inherit any interest in Jewelstone.What property interest should she convey to Bob?

A) A license
C) A life estate
B) An easement
D) A fee simple

Question 39

An easement differs from a license in that

A) a license confers a personal privilege to do an act.
B) an easement is a possessory interest in land.
C) an easement must be created by eminent domain.
D) All of the above are correct.

Question 40

Andrew and Margaret Wilson erected a fence in what they thought was the yard of their Durham, North Carolina, home in 1957.In doing so, they inadvertently enclosed a small triangular piece, no bigger than 15 feet at its widest, of the adjoining landowner's property.In 1980, Carl Pearce and his wife Wanda bought the property adjacent to that of the Wilsons and claimed the triangular shaped property belonged to them.A dispute arose as to who owned the property and a lawsuit ensued.By what law may the Wilsons have established rights to the triangular-shaped piece assuming that they do not possess deeded rights?

A) Adverse possession
C) Accession
B) Fee simple
D) Easement

Question 41

The Bartons own 10 acres of land.One day they look out of their window and see the state highway department digging up one end of their property.When they speak with the head of the road crew, they learn for the first time that their land has been taken by the state to be used for a new highway, pursuant to a statute that requires only that notice of the take be advertised in a newspaper for ten consecutive days.The Bartons think this is unfair.What is the state required to do when it takes land? What due process rights have been violated, and how?

Question 42

Describe three kinds of bailments and give an example of each.

Question 43

Leonard and Bernard are philatelists.In 1989, they purchased two sets of stamps that by 1996 were worth over $150,000.The brothers believed themselves to be in possession of these stamps until 1996, when they saw an advertisement in a nationally circulated stamp magazine offering them for sale.The brothers brought declaratory judgment and replevin actions against the current possessor, Robert, to recover possession of the stamps.Robert claimed ownership because he found the stamps inside a dresser he had purchased in a used furniture store.Who should the law recognize as having title to the stamps?

Question 44

Tracy took her English bulldog to Dr.Brown, a veterinarian, for surgery.When Tracy visited her dog at the veterinary hospital the evening following the surgery, the animal appeared groggy and was panting heavily.Tracy requested that the dog be monitored all night and was assured that this would be done.The dog died the next morning.Tracy filed suit claiming that she had entrusted her dog to Dr.Brown for surgical treatment on the basis of Brown's assurances that the appropriate surgery would be properly performed and the dog returned to her in a healthy condition.Tracy demanded damages in the amount of $1,200, the fair market value of the animal.What is the legal theory of recovery being asserted by Tracy?

A) Breach of a bailment contract
C) Breach of an easement
B) Adverse possession
D) Abandonment