Real Estate Law Midterm Practice Questions & Verified
Answers 2026–2027 Complete Study Guide & Exam Prep
Appellate courts - correct answers -decide legal issues only, e.g., don't take evidence from live
witnesses.
Trial courts - correct answers -lowest level, must follow appellate & supreme
Court of appeals - correct answers -midlevel, follow Supremes
Supreme Court - correct answers -Final appeal at fed. Level.
Trial Courts - correct answers -State level called **(Common Pleas Court - is court of general
jurisdiction.)** Has probate (estates), juvenile, and domestic relations divisions. Monetary jurisdiction of
$25,000.
Municipal court - correct answers -$15,000 monetary jurisdiction.
Small claims - correct answers -amount sought by plaintiff is $3,000 or less.
Courts of appeals - correct answers -court that can reverse, remand or affirm only. (Or some
combination thereof)
Pleadings - correct answers -All that is required in ______ is to put other parties on notice of claims
asserted. Some exceptions, i.e. fraud.
1
, Service of process - correct answers -Complaint usually sent out by Court at plaintiff's request via
certified mail, return receipt requested. Sometimes use personal service if think defendant may avoid
service. **(Personal service by plaintiff is not acceptable.)
defendant - correct answers -person initially being sued
Deposition - correct answers -person's testimony taken under oath in presence of court reporter,
sometimes videotaped. Attorneys use **(deposition to gather info and to lessen credibility of
deponent)** if possible.
Discovery Summary - correct answers -**(It is important to keep complete and accurate records in real
estate transactions.)** Lots of required notices and disclosures.
Land - correct answers -everything from center of earth
Riparian rights - correct answers -water rights. Affect land which borders a stream or waterway.
Fructus naturales - correct answers -fruits of nature. Wildlife, fruit-bearing trees, pine trees. Considered
to be part of the land or real property.
Fructus industriales - correct answers -fruits of industry. Vegetable or flower garden seller has planted,
fertilized. Considered personal property. (Modern trend to consider real property until harvested. )
Trespass - correct answers -physical invasion upon realty without permission of the owner. Trespasser is
presumed to have caused damage by his/her presence. Typically can't shoot trespasser unless
reasonably fear for safety.
2
Answers 2026–2027 Complete Study Guide & Exam Prep
Appellate courts - correct answers -decide legal issues only, e.g., don't take evidence from live
witnesses.
Trial courts - correct answers -lowest level, must follow appellate & supreme
Court of appeals - correct answers -midlevel, follow Supremes
Supreme Court - correct answers -Final appeal at fed. Level.
Trial Courts - correct answers -State level called **(Common Pleas Court - is court of general
jurisdiction.)** Has probate (estates), juvenile, and domestic relations divisions. Monetary jurisdiction of
$25,000.
Municipal court - correct answers -$15,000 monetary jurisdiction.
Small claims - correct answers -amount sought by plaintiff is $3,000 or less.
Courts of appeals - correct answers -court that can reverse, remand or affirm only. (Or some
combination thereof)
Pleadings - correct answers -All that is required in ______ is to put other parties on notice of claims
asserted. Some exceptions, i.e. fraud.
1
, Service of process - correct answers -Complaint usually sent out by Court at plaintiff's request via
certified mail, return receipt requested. Sometimes use personal service if think defendant may avoid
service. **(Personal service by plaintiff is not acceptable.)
defendant - correct answers -person initially being sued
Deposition - correct answers -person's testimony taken under oath in presence of court reporter,
sometimes videotaped. Attorneys use **(deposition to gather info and to lessen credibility of
deponent)** if possible.
Discovery Summary - correct answers -**(It is important to keep complete and accurate records in real
estate transactions.)** Lots of required notices and disclosures.
Land - correct answers -everything from center of earth
Riparian rights - correct answers -water rights. Affect land which borders a stream or waterway.
Fructus naturales - correct answers -fruits of nature. Wildlife, fruit-bearing trees, pine trees. Considered
to be part of the land or real property.
Fructus industriales - correct answers -fruits of industry. Vegetable or flower garden seller has planted,
fertilized. Considered personal property. (Modern trend to consider real property until harvested. )
Trespass - correct answers -physical invasion upon realty without permission of the owner. Trespasser is
presumed to have caused damage by his/her presence. Typically can't shoot trespasser unless
reasonably fear for safety.
2
