Reference no: EM131938780

Questions 1 to 20: Select the best answer to each question. Note that a question and its answers may be split across a pagebreak, so be sure that you have seen the entire question and all the answers before choosing an answer.

1. What is an advance directive?
A. It directs a trustee regarding administration of property for a child.
B. It gives instructions to an executor or administrator regarding settling the estate.
C. It states what a person wants to happen to his or her property on death.
D. It gives medical care instructions if a person is incapable of giving instructions.

2. Elmer is a tenant in possession, but his possession is wrongful. Elmer has a
A. tenancy for years.
B. tenancy at sufferance.
C. tenancy at will.
D. periodic tenancy.

3. A _______ trust is one that's created by a will.
A. declaration of
B. living
C. conveyance in
D. testamentary

4. Landlord rents to tenant and requires a $750 security deposit. In most states, which of the following
statements is true?
A. The security deposit must be deposited in a separate account and not commingled with the landlord's personal funds.
B. The security deposit must be kept in the tenant's personal checking account.
C. The security deposit may be deposited in the landlord's personal checking account, but the account balance must never fall
below $750.
D. The landlord may spend the security deposit for his own use.

5. An airplane flies 3,000 feet over Elmer's property. Elmer sues the airline, claiming that trespass hasoccurred. Which of the following statements is true?
A. Trespass hasn't occurred because the plane was 3,000 feet high.
B. Trespass hasn't occurred because no one stepped on ground owned by Elmer.
C. Trespass has occurred because Elmer owns the air up to 5,000 feet.
D. If the airplane was visible from Elmer's property, trespass has occurred.

6. When items in the possession of a bailee are damaged, lost, or stolen, and the bailor sues for damages, inmost courts, the burden is on the
A. bailee to prove that he or she wasn't negligent.
B. bailee to prove that he or she wasn't negligence only if the bailment was for the benefit of bailee only.
C. bailor to prove negligence if the bailment was for the mutual benefit of both parties.
D. bailor to prove that the bailee was negligent.

7. Bob borrows Elmer's lawnmower and runs over a large rock, destroying the lawnmower blade. Elmersues Bob for damages. Under the traditional view, Bob will be liable if Elmer proves that Bob
A. failed to exercise at least slight care.
B. wasn't negligent.
C. failed to exercise reasonable care.
D. was grossly negligent.

8. Leopold owns 100 acres in a remote place that he rarely visits. One day, Kate sets up camp in themiddle of the 100 acres and ends up living on the land and using the land for her provisions for 15 years. Ifit's found that Kate owns this land due, it's most likely due to
A. warranty deed.
B. inheritance.
C. adverse possession.
D. quitclaim deed.

9. Carl runs a gas station on Macy Boulevard. Macy Boulevard's zoning doesn't permit use of property as agas station. Carl is in violation of zoning laws unless
A. no one complains.
B. Carl's use began after the zoning law prohibiting gas stations was adopted.
C. Carl's use began before the zoning law prohibiting gas stations was adopted.
D. the zoning law would cause hardship to Carl.

10. The county wishes to build a public road across land that belongs to Bob. Which of the followingstatements is true?
A. The county may take the land for a public purpose but must compensate Bob.
B. The county must negotiate with Bob and persuade him to sell.
C. Bob must sell to the county, but only if the price suits Bob.
D. The county may take the land without compensation because it's doing so for a public purpose.

11. Elmer acquired real property from his mother as a gift while mother was alive. Elmer is his mother'sonly living child. Elmer acquired the property by
A. deed.
B. descent.
C. will.
D. adverse possession.

12. Zeke's lawyer tells Zeke that Zeke's tenant is entitled to peaceful possession. Zeke asks you what thatmeans. You'll tell Zeke that
A. he may not interfere with the tenant's possession.
B. he may evict if the tenant is convicted of disorderly conduct.
C. he has a duty to take action on behalf of the tenant against noisy neighbors.
D. the tenant's right to possession is conditioned on not disturbing the neighbors.

13. Sally has a right of way to cross Bob's property to get access to her own property. Which of thefollowing statements is true?
A. Sally and Bob both own an easement.
B. Sally has the dominant tenement because she enjoys the easement.
C. Bob has the dominant tenement because he enjoys the easement.
D. Bob owns an easement.

14. Bazel and Bennie own several investment properties together. Each of the properties was deeded so onthe death of either Bazel or Bennie, each individual's share will pass to the deceased's heirs. What type ofownership do Bazel and Bennie possess in the investment property?
A. Tenancy by the entirety
B. Joint tenancy
C. Community property
D. Tenancy in common

15. Mildred deeded property to her daughter, Victoria. The deed explicitly stated that Mildred wouldremain the owner of the property for the remainder of her life and that at her death, Victoria would becomethe owner of the property. What type of possessory interest does Mildred possess after the transaction?
A. Fee simple absolute
B. Easement appurtenant
C. Remainder
D. Life estate

16. Tom contracts to purchase Elmer's house. A chandelier in the hallway is one of the features Tom likesabout the house. After the closing, Tom arrives at the house, discovers Elmer in the process of removingthe chandelier, and demands that Elmer stop because the chandelier now belongs to Tom. Which of thefollowing are not relevant to determining ownership of the chandelier?
A. Whether the chandelier has been adapted to the intended use of the house
B. Whether the chandelier can be removed without damage to the real estate
C. The value of the chandelier in proportion to the value of the real estate as a whole
D. Whether there was a temporary or permanent installation of the chandelier at Elmer's house

17. Woody owns a movie theater. One night, Woody finds a purse beside one of the seats in the theaterafter all of the moviegoers have left for the evening. Given this set of facts, Woody
A. possesses an affirmative duty to contact the authorities regarding the purse.
B. may become the owner of the purse and its contents, if he doesn't know the identity of the true owner.
C. may not become the owner of the purse and its contents because the purse is misplaced property.
D. possesses an affirmative duty to run ads in the local newspaper and to place flyers in the theater regarding the purse.

18. Bob rents from Sally and would like to assign his rights to Fred. Which of the following statements istrue?
A. Bob may do so if Sally withholds reasonable permission.
B. Bob may do so without explicit assignment from the lease.
C. Bob may not do so if the lease prohibits it without Sally's permission.
D. Bob may not do so if the lease doesn't address assignment.

19. Dick asks Sally to watch his bicycle while Dick goes shopping. The bicycle is stolen. Dick sues Sallyfor damages. Under the traditional view, Sally will be liable if Dick proves that she
A. failed to exercise at least slight care.
B. was grossly negligent.
C. failed to exercise reasonable care.
D. wasn't negligent.

20. Which of the following is most likely to have no effect on a will?
A. Divorce
B. Codicil
C. Living will
D. Marriage