REAL 4000 Midterm Review Questions and Answers (100% Pass)

REAL 4000 Midterm Review Questions and Answers (100% Pass) What is Law? - Answer️️ -The collection of rules for the operation of society as established by the sovereign government. What is the highest law within the United States? - Answer️️ -The U.S. Constitution. What is the order of priority in regards to the law? (Bottom to Top Pyramid) - Answer️️ -U.S. Constitution Federal Legislative Enactments (Statutes) Federal Administrative Regulations State Constitution State Legislative Enactments (Statutes) State Administrative Regulations County Ordinances City and Borough Ordinances Private Law (Case Law / Common Law) COURT DECISIONS BASED ON ALL PREVIOUS LAWS. ©SOPHIABENNET@2024/2025 Wednesday, August 21, 2024 12:13 PM UNIVERSITY OF NORTH TEXAS AT DALLAS UNIVERSITY OF GEORGIA (UGA) 2 What establishes Federal Law as "the supreme law of the land" in the U.S.? - Answer️️ -The Supremacy Clause of the U.S. Constitution. True or False: The Bill of Rights (1st through 10th Amendments to the U.S. Constitution) protects our natural rights from Federal and State government power. - Answer️️ -True What is the 4th Amendment? - Answer️️ -Prohibits searches and seizures of persons/property without probable cause. True or False: The 5th Amendment does not prohibits Federal gov't from depriving (regulation) any person of life, liberty or property without due process of law. - Answer️️ -False. What does U.S.C § mean? - Answer️️ -United States Code, Section : What carries out the lawful purposes of the Constitution (Fed/State)? - Answer️️ -Legislative Enactments. What carries out the lawful purposes of the legislative enactments (Fed/State)? - Answer️️ -Administrative Regulations. ©SOPHIABENNET@2024/2025 Wednesday, August 21, 2024 12:13 PM UNIVERSITY OF NORTH TEXAS AT DALLAS UNIVERSITY OF GEORGIA (UGA) 3 What are Uniform Laws? - Answer️️ -Laws written to be applied throughout all the states. Each state has to decide whether to adopt them or not via a vote. What does the County, City, and Local Ordinances refer to? - Answer️️ -Often "Uniform Laws"; they cover a wide range of regulations regarding zoning, building development, noise, permits, taxes, etc. True or False: Private law consists of rules, regulations, and contracts created by the government. - Answer️️ -False. How can Private Law be enforced like public law? - Answer️️ - Through the court system. What is Case Law? - Answer️️ -Laws made by the courts through their decisioning. True or False: Court decisions apply constitutions, statutes, regulations, ordinances, and contracts to make "Case Law". - Answer️️ -True. When courts look to prior cases, either local or out of state, regarding any types of laws or previous decisions, what is that known as? - Answer️️ -Precedent. ©SOPHIABENNET@2024/2025 Wednesday, August 21, 2024 12:13 PM UNIVERSITY OF NORTH TEXAS AT DALLAS UNIVERSITY OF GEORGIA (UGA) 4 True or False: When courts face a decision in which their is no prior case/precedent, they look to historical common doctrines to help inform on their ruling, known as "Common Law". - Answer️️ -True. 28 U.S.C. §1 is a citation to: - Answer️️ -Federal Legislative Statute. True or False: The Gallagher Amendment and the TABOR (Tax Payers Bill of Rights) are amendments to the Colorado Constitution that don't affect real property in Colorado. - Answer️️ -False. What is "Stare Decisis"? - Answer️️ -Latin for "let the decision stand". In the North Caroline Swine Farm Nuisance Litigation, What was the facts, issue, rationale, decision, and rule of law? - Answer️️ - The issue was that 26 plaintiffs lived near Murphy-Brown LLC property which consisted of hog operations which brought smells, trash, sounds, and traffic near the plaintiffs property. They brought a nuisance suit, and Murphy-Brown called for summary judgement on the fact that the plaintiffs lacked standing as they did not hold lawful rights to the property they resided. ©SOPHIABENNET@2024/2025 Wednesday, August 21, 2024 12:13 PM UNIVERSITY OF NORTH TEXAS AT DALLAS UNIVERSITY OF GEORGIA (UGA) 5 The court denied the defendants motion due to the law which stated "Lawful occupancy of affected properties is sufficient to confer standing for a claim for private nuisance.". The form of law they applied was "Case Law", as they looked to a prior case known as Kent V. Humphries" with a similar situation. What is "Real Estate"? - Answer️️ -Land, Improvements, and Natural Resources. True or False: "Real Estate" is intangible Property. - Answer️️ - False. What is "Real Property"? - Answer️️ -The tangible land (Real Estate) + the legal rights of ownership and property (intangible). True or False: The Habendum Clause is the "Granting Language" in any article of conveyance. - Answer️️ -True.