ADMINISTRATION CERTIFICATION
EXAM QUESTIONS WITH ANSWERS
joint and several liablility - Answer-Concept allowing the plaintiff to recover damages
from two or more defendants. (Chapter 11)
liability - Answer-An obligation that one is bound in law or justice to perform. (Chapter 1)
license - Answer-Land entrance permission given by the landowner for a particular
purpose. (Chapter 10)
lien - Answer-A claim or encumbrance on a property to secure a debt or obligation
(Chapter 9)
"lis pendens" - Answer-Legal proceedings which may be pending in court affecting the
title or ownership of the property. (Chapter 9)
malfeasance - Answer-The performance of some act that a person ought not do at all.
(Chapter 11)
malice - Answer-The intentional wrongfull act without just cause or excuse and with the
intent to inflict some sort of injury on another. (Chapter 10)
malicious prosecution - Answer-concerns the wrongful institution of criminal
proceedings by one private citizen against another, resulting in damages. (Chapter 10)
Metes & bounds - Answer-A way of measuring by establishing a starting point, such as
a designated landmark, distances (metes) and directions (bounds) to encompass the
parcel returning to the initial starting point. (Chapter 9)
micro zoning - Answer-See spot zoning - When a small parcel of land is arbitrarily
selected for a zoning classification that is unrelated to the surrounding uses and zoning
districts and cannot be justified based on the health, safety or general welfare of the
community. (Chapter 9)
ministerial act - Answer-A deep performed under the authority, policies and procedures
of a superior. (Chapter 6)
misfeasance - Answer-The improper performance of some act that a person may
lawfully, do. (Chapter 11)
, mortgage - Answer-An instrument that gives the lender or seller a lien on the real estate
as security for th debt incurred in the purchase of the real estate. (Chapter 9)
negative convenant - Answer-An agreement in which one party promises to refrain from
doing something. (Chapter 9)
negative easement - Answer-Restricts a landowner from using a portion of his or her
land that may be other wise lawfully used. (Chapter 9)
negligence - Answer-Involves conduct that was not intended to cause harm or injury but
which, nonetheless, did so and that also breached some duty of care imposed by the
law. (Chapter 10)
nonconforming use - Answer-A structure that complied with zoning ordinace at the time
it was built but no longer conforms to regulations due to the adoption, revision or
amendment of a zoing ordinance. (Chapter 9)
nonfeasance - Answer-The nonperformance of some act that a person is obligated or
has the responsibilty to perform. (Chapter 11)
null and void - Answer-Having no legal force or binding effect (Chapter 3)
ordinance - Answer-A local law (Chapter 9)
owner in arrears - Answer-When a purchaser fails to stay current with his or her
payment obligations under the mortgage. (Chapter 9)
"owner persona" - Answer-A person who is the owner of any fixed property or fixtures.
(Chapter 9)
partition wall - Answer-A wall built to separate interior spaces. (Chapter 9)
party wall - Answer-A wall erected on an interior lot line as a common support to a
structure on both sides, under differnent ownerships, for the benefit of both in
supporting the structure. (Chapter 9)
permanent injunction - Answer-A judicial order prohibiting specified conduct, which is
issued after the court has heard all of the evidence in the case. (Chapter 6)
permissive use - Answer-Property owners' allowance of someone to come onto his or
her land without considering it a trespass. (Chapter 9)
"per se" - Answer-Means "in itself." For example, negligence, "per se," means that a
person's conduct itself negligent without considering the facts and circumstances of the
behavior. (Chapter 8)