BPA Business Law & Ethics – Flashcards
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Legislative branch of the U.S. government is?
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Bicameral
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Any government activity or regulation that classifies persons based on a suspect class (i.e., race) is reviewed for lawfulness using this kind of test?
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Strict Scrutiny
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The purpose of the law is to govern the conduct of individuals, businesses, and organizations within society - true or false?
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True
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In addition to being influenced by French, English, and Spanish law, our laws are influenced by the Bible - true or false?
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False
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What are the effects of the law?
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Keeping the Peace Shaping Moral Standards Promoting Social Justice
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In Snyder v. Phelps, the primary First Amendment right addressed in the case was the issue of Freedom of Religion - true or false?
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False
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What is included as sources of law in the U.S.?
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Case law also known as stare decisis Executive Orders U.S. Constitution
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In our country we have a two court system which includes what?
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Federal and State
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Each court systems contain what?
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Trial Court Appellate Court Supreme Court
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The lawfulness of government classifications based on a protected class other than race (such as sex or age) is examined using this kind of test?
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Intermediate Scrutiny
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The post-trial litigation process includes the discovery phase - true or false?
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False
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Characteristics of the appellate court include?
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Courts of Record
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The Federal court system includes what?
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U.S. District Court Federal Court of Appeals U.S. Supreme Court
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A motion for judgment on the pleadings can be made by either party once the pleadings are complete - true or false?
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True
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U.S. Supreme court has how many justices?
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9 Justices
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The appealing party is called the appellee, or the respondent - true or false?
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False
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The two ways a case can get into Federal court are what?
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Federal Question and Diversity Jurisdiction
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Diversity jurisdiction occurs when what happens?
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The case involves citizens of different states
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"Standing to sue" involves what?
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A requirement that a person or entity be a proper party with a tangible interest in the case
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Three types of jurisdiction a case can have?
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In Personam In Rem Quasi in Rem
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In the pre-litigation process of a suit the following is involved:
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None of the above
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Which of the branches of government has the power to make (enact) the law?
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Legislative
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Once a law has been established in the U.S., it can never be changed - true or false?
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False
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The lawfulness of all government classifications that do not involve suspect or protected classes is examined using what kind of test?
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Rational Basis
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A city can prohibit billboards along its highways for safety and aesthetic reasons if other forms of advertising (e.g., print media) are available - true or false?
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True
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State-limited jurisdiction trial courts are also referred to as what?
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Inferior Courts
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Parties to a trial case can involve who?
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Plaintiff Defendant Co-defendant
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Statute of Limitations?
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Establishes a period of time during which a plaintiff must bring a case
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Discovery is a legal fact-finding process during a lawsuit to discover facts - true or false?
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True
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An Interposition is a type of discovery - true or false?
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False
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Other types of discovery include what?
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Medical Records Notice to Produce Records Deposition
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Not an element of a typical jury trial?
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Appellant's Brief
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Direct Examination consists of questioning someone that a party calls as their own - true or false?
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True
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Highest court in a state court system
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State Supreme Court
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Cross-Examination consists of questioning someone that another party calls as their witness - true or false?
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True
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Not an element of a trial case?
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Judge's Argument
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Taking a case to a higher court after the trial verdict for review of issues of law is called what?
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Taking case on appeal
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ADR
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Alternative Dispute Resolution
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ADR includes what?
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Negotiation Arbitration Mediation
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3 Branches of Government
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Legislative Judicial Executive
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In POM Wonderful, LLC v. Coca-Cola Company, Coca-Cola sued POM for unfair competition and misleading advertising and labeling - true or false?
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False
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If 5, 6, 7, or 8 U.S. Supreme Court justices vote for the same outcome for the same reason
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Majority Decision
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Freedom of Religion clause's two parts
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Free Exercise Clause and Establishment Clause
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1971, these were approved by the states and became part of the U.S. Constition
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10 Amendments (Bill of Rights)
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Due process clause provides a person shall not be deprived of life, liberty, or property without due process of law - true or false?
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True
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Unauthorized and harmful or offensive physical contact with another person
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Battery
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Intentional confinement or restraint of another person without authority or justification and without that person's consent
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False Imprisonment
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A tort is defined as a non-contractual civil wrong - true or false?
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True
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Intentional infliction of emotional distress is the tort of what?
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Outrage
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Types of relief a person can recover in a tortious action
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Money damages Equitable Relief
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Comparative negligence allows the damages to apportion between parties depending on the degree of fault they each carry - true or false?
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True
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Assumes that the plaintiff had knowledge of the specific risk, and that he or she voluntarily assumed the risk
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Assumption of the Risk
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Suppose a driver who is driving over the speed limit negligently hits and injures a pedestrian who is jaywalking. Assume further that the case is heard in a jurisdiction that recognizes the doctrine of contributory negligence. If a jury determines that the driver is 80% responsible for the accident and that the jaywalker is 20% responsible, and that the pedestrian suffered $100,000 in damages. How much will the pedestrian recover from the driver?
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Nothing
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Merchant protection statutes recognize the shopkeeper's freedom to stop, detail, and investigate suspected shoplifters, without restriction - true or false?
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False
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The courts decide whether a duty of care is owed in specific negligence cases by applying a "reasonable person" standard - true or false?
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True
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A false statement that appears in writing or another form of fixed medium is known as slander, while an oral defamatory statement is known as libel - true or false?
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True
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Truth is an absolute defense to a charge of defamation - true or false?
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True
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Another term for "strict liability"
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Liability without fault
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Which parties can be sued under the doctrine of strict liability in tort?
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Manufacturers Wholesalers Retailers
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Monetary damages, awarded to punish a defendant and are generally allowed in a strict liability case if the plaintiff can prove that the defendant either intentionally injured the plaintiff or acted with reckless disregard for the plaintiff's safety, are also referred to as?
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Punitive damages
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A defect in manufacture occurs when the manufacturer fails to do what?
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Properly assemble a product Properly test a product Adequately check the quality of a product
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Certain products are inherently dangerous and are known to the general population to be so. Sellers are not strictly liable for failing to warn of what kind of dangers associated with such products?
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Generally known
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Under the doctrine of ___, or ___ event, the original seller is not liable if the product is materially altered or modified after it leaves the seller's possession, and the alteration or modification causes an injury.
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Supervening; Intervening
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Most states have what that require an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product?
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Statutes of Limitations
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A defect in design can suppose a strict liability action - true or false?
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True
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According to the "crashworthiness doctrine," failure to design an automobile to protect occupants from foreseeable dangers caused by a "second collision" subjects the manufacturer and the dealer to strict liability - true or false?
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True
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A defect in packaging does not subject the manufacturer and others in a product's chain of distribution to strict liability - true or false?
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False
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Crimes that are inherently evil
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Mala in se
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This plea doesn't admit guilt but the accused agrees to the imposition of a penalty
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Nolo contendere
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"Breaking and entering into a dwelling at night" with the intent to commit a felony
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Burglary
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Federal crime to acquire or maintain an interest in, use income from, or conduct or participate in the affairs of an enterprise through a pattern of racketeering activity
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RICO
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Evidence obtained from an unreasonable search and seizure is considered tainted evidence, and such evidence can generally be prohibited from the introduction at a trial or an administrative proceeding against the person searched
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Exclusionary Rule
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Miranda warning
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You have the right to remain silent Anything you say can and will be used against you in a court of law You have the right to speak to an attorney, and to have an attorney present during any questioning
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The ____ Clause of the Fifth Amendment protects persons from being tried twice for the same crime - true or false?
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False
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Amendment to the U.S. Constitution that guarantees a criminal defendant the right to be tried by an impartial jury of the state or district in which the alleged crime was committed, the right to confront (cross-examine) the witnesses against the accused, the right to have the assistance of a lawyer, and the right to a speedy trial
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Sixth
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In a criminal lawsuit, the victim is the plaintiff - true or false?
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False
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A cybercrime is committed using computers, emails, the internet, or other electronic devices - true or false?
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True
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A grand jury determines guilt - true or false?
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False
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A set of principles or values that governs the conduct of an individual or group
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Ethics
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Ethical fundamentalism is when a person looks to outside sources or a figure for ethical guidelines - true or false?
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True
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Persons choose the alternative that would provide the greatest good to society
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Utilitarianism
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Theory that requires corporations and businesses to act with awareness of their consequences and corporations and businesses to consider the impact their decisions will have on others
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Social responsibility
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Universal set of rules that require consistency in application and reversibility
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Kantian Ethics
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Individuals decide what is ethical based on their own feelings to what is right or wrong
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Ethical Relativism
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Ryan makes an offer to Mary to sell his automobile to her for $10,000. In contract terms, who is Ryan and who is Mary?
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Ryan - offeror Mary - offeree
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John saw an ad for a new car in Sunday's paper. He noticed that the model he was most interested in starts at $15,000. Does he have a valid offer?
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Yes, but that doesn't mean he has accepted the offer
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Paul offered to sell his home to Desmond for the sum of $250,000. However, by the time the paperwork was complete, Desmond died prior to the transaction. Can this contract be terminated?
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Yes, it terminated the day Desmond died
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Salina cleans her attic and finds a red and green silkscreen painting of a tomato soup can. She has no use for the painting, so she offers to sell it to Michael for $50. Michael, who thinks that the painting is "cool," accepts the offer and pays Salina $50. It is later discovered that the painting is worth $2 million because the famous American pop artist Andy Warhol painted it. Neither party knew at the time they entered into the contract. Can Salina recover the painting, why or why not?
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No, because the offer is already completed and they cannot go back simply because of their ignorance. It is a mutual mistake of value.
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Is the statement, "I will buy your building for $5 million" a valid offer?
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Yes, because there is an amount and truth behind the statement
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Is the statement, "Are you interested in selling your building for $2 million" an offer? Please explain your answer.
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No, because it is asking a question of if they are willing to sell their building for the given amount
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The owner of Company A has breakfast with the owner of Company D. In the course of their conversation, Company A's owner exclaims in frustration, "For $200, I would sell the whole widget division!" Did the owner of Company A make a valid offer?
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No, because they weren't in the right mind to make a valid offer. They were in a state of emotional turmoil and they wouldn't actually sell their building for $200.
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Cheryl, the owner of the bakery, says to Paul, a plumber, "If you promise to install the plumbing in my store by July 1, I will pay you $3,000." Paul says, "I promise to do so." Is this a valid contract, and if so, what type?
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Yes, it is a bilateral contract
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If Paul doesn't install the plumbing in the shop by July 1, can Cheryl sue Paul, and why or why not?
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Yes, because he breached his contract. Cheryl relied on the promise, and the promise didn't happen (promissory estoppel).
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Now suppose Cheryl, the owner of the bakery, says to Paul, a plumber, "If you paint my shop by July 1, I will pay you $3,000." Is this a valid contract, and if so, what type?
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Yes, it is a unilateral contract
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If Paul does not paint the shop by July 1, can Cheryl sue Paul, and why or why not?
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If Paul doesn't do the work by July 1, then he could say he never agreed to the contract (no acceptance).
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Suppose Joshua tells Sylvia that he will pay her $5,000 if she finishes the Boston Marathon. Can Joshua revoke the offer once Sylvia starts running the marathon?
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No, because the offer had already been made and couldn't be revoked.
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A seller listed his house for sale for $575,000. If a fire destroys the house 15 days after it was listed, is the offer still valid? Why or why not?
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No, because the house no longer exists.
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Suppose City Bank offers to loan XYZ Corporation $10,000,000 at an 18% interest rate. Prior to XYZ's acceptance of the offer, the state legislature enacts a statute that sets a usury interest rate of 15%. Is the offer still valid? Why or why not?
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No, because the legal interest rate is 15%, not 18%.
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Joe's computer shop offers to sell 15 computers to Sam's electronic store for $300 per computer. The agent for Joe's informs the owner of Sam's that the offer must be accepted by November 30, 2015. The owner of Sam's faxes an acceptance letter on December 2, 2015. Was there a proper acceptance of the offer? Why or why not?
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No, because he missed the deadline
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On December 1, Mrs. Smith promises to give her daughter $30,000 on January 1. When January 1 arrives, Mrs. Smith pays her daughter $15,000. Can Mrs. Smith's daughter sue her for the balance of the money? Why or why not?
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It is a gift, so there is no consideration. The fact that she gives you $15,000 should be okay. There is no claim. There is nothing that the child does for the gift, because it is unconditional.
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Susan, who has worked in the sales department for Macy's for 30 years and was the top salesperson for 20 of those years, is retiring. The president of Macy's says, "Because you were our top salesperson for so many years, Macy's will pay you a bonus of $200,000." Subsequently, Macy's refused to pay the bonus. Can Susan sue Macy's for breach of contract? Why or why not?
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No, because that wasn't a requirement of Macy's to pay Susan. It was something extra.
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John tells his mother that he is taking a college course on handwriting analysis, and for his homework he needs her to read and sign a pretend deed. If Mom signs the deed believing what he told her, and John tries to enforce the deed, under what theory can his mom plead lawsuit?
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Fraud in the inception, or fraud in the factum, so the contract is void
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Alice tells her mother to sign a deed giving her, her mom's property. Mom refuses at first, but then Alice falsely tells her that the bank will foreclose on the property unless she signs it over to her. If Mom signs the deed because of this statement from Alice, and Alice tries to enforce the deed, what can Mom plead in a lawsuit?
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Fraudulent activities from the daughter
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Patricia wishes to purchase a house from Daniel, and Daniel knows the house is infested with termites. Daniel states that the house is free from termites. Patricia relies on Daniel's statement. What contractual claim can Patricia claim, if any?
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Failure to disclose information
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Ben threatens Tom, a business owner, by stating, "I will burn your business down unless you agree to pay me $25,000." Out of fear, Tom promises to pay the money. Can Ben enforce the contract if Tom fails to pay the money?
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No, because arson is illegal
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Principals often employ outsiders—that is, persons and businesses that are not employees—to perform certain tasks on their behalf. These persons and businesses are called what kind of contractors?
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Independent
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Most common form of agency
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Express Agency
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If a principal and an agent enter into a(n) ________ agency contract, the principal cannot employ any agent other than the ________ agent.
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Exclusive; exclusive
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A(n) ________ is one of the most formal types of express agency agreements. It is often used by a principal to give an agent the power to sign legal documents, such as deeds to real estate, on behalf of the principal.
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Power of attorney
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A(n) ________ power of attorney confers broad powers on the agent to act in any matters on the principal's behalf.
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General
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A(n) ________ power of attorney limits the agent to those acts specifically enumerated in the agreement.
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Special
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A(n) ________ power of attorney remains effective even though the principal is incapacitated.
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Durable
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With a(n) ________ agency, the extent of the agent's authority is determined from the facts and circumstances of the particular situation. ________ authority can be conferred by either industry custom, prior dealing between the parties, the agent's position, acts deemed necessary to carry out the agent's duties, and other factors the court deems relevant.
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Implied; implied
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Often, even an express agency agreement does not provide enough detail to cover contingencies that may arise in the future regarding the performance of the agency. In this case, the agent possesses certain implied authority to act. This implied authority is sometimes referred to as ________ authority.
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Incidental
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Apparent agency is also referred to as agency by _____.
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Estoppel
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Agency by ________ occurs when (1) a person misrepresents himself or herself as another's agent when in fact he or she is not and (2) the purported principal accepts the unauthorized act.
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Ratification
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Which of the following results in termination of an agency by actions of the parties?
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Mutual agreement The lapse of time (either a time specified in the agency agreement or, if no time period is specified, the expiration of a reasonable period of time) Achievement of the agency's purpose
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A party who employs another person to act on his or her behalf is called an agent, while a party who agrees to act on behalf of another is called a principal - true or false?
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False
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Agency contracts that are created for illegal purposes or are against public policy are voidable - true or false?
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True
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Principals are not bound by the authorized contracts of their independent contractors - true or false?
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False
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An express agency is the most common form of agency - true or false?
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True
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If a principal and an agent enter into an exclusive contract, the principal cannot employ any agent other than the exclusive agent - true or false?
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False
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A power of attorney is one of the most formal types of implied agency agreements - true or false?
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True
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In a power of attorney agreement, the agent is called an attorney-in-fact, even though he or she does not have to be a lawyer - true or false?
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True
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A principal's incapacitation renders the durable power of attorney null, void and unenforceable - true or false?
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False
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Often, even an express agency agreement does not provide enough detail to cover contingencies that may arise in the future regarding the performance of the agency. In this case, the agent possesses certain implied authority to act. This implied authority is sometimes referred to as incremental authority - true or false?
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False
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Agency by certification occurs when (1) a person misrepresents himself or herself as another's agent when in fact he or she is not and (2) the purported principal accepts the unauthorized act - true or false?
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False
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Where an apparent agency is established, the principal is estopped (stopped) from denying the agency relationship and is bound to contracts entered into by the apparent agent while acting within the scope of the apparent agency - true or false?
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True
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An agency coupled with an interest is terminated by the death or incapacity of either the principal or the agent - true or false?
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False
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Because the agency relationship is based on trust and confidence, an agent owes the principal a duty of loyalty in all agency-related matters. Thus, an agent owes a(n) ________ duty not to act adversely to the interests of the principal.
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Fiduciary
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A ________ agency occurs when an agent acts for two (2) or more different principals in the same transaction.
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Dual
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Principals are liable for the negligent conduct of agents acting within the scope of their employment. This liability is based on the common law doctrine of ________ ("let the master answer").
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Respondeat superior
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Agents sometimes do things during the course of their employment to further their own interests rather than the principal's. For example, an agent might take a detour to run a personal errand while on assignment for the principal. This is commonly referred to as a ________.
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Frolic and detour
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Under the common law, a principal is generally not liable for injuries caused by its agents and employees while they are on their way to or from work. This principal is referred to as the ________ rule.
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Coming and going
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Sometimes, principals request that agents run errands or conduct other acts on their behalf while the agent or employee is on personal business. In this case, the agent is on a ________ -purpose mission. That is, he or she is acting partly for himself or herself and partly for the principal. Most jurisdictions hold both the principal and the agent liable if the agent injures someone while on such a mission.
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Dual
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A ________ disclosed agency results if a third party entering into a contract knows (1) that the agent is acting as an agent for a principal and (2) the actual identity of the principal.
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Fully
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A ________ disclosed agency occurs if the agent discloses his or her agency status but does not reveal the principal's identity and the third party does not know the principal's identity from another source.
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Partially
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An agent who enters into a contract on behalf of another party impliedly warrants that he or she has the power to do so. This is called the agent's implied warranty of ________.
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Authority
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Principals often employ outsiders—that is, persons and businesses that are not employees—to perform certain tasks on their behalf. These persons and businesses are called ________ contractors.
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Independent
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The crucial factor in determining whether someone is an independent contractor or an employee is the ________ that the principal has over the agent.
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Degree of control
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Principals cannot avoid strict liability for ________ activities assigned to independent contractors such as the use of explosives, clearing of land by fire, and crop-dusting.
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Inherently dangerous
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Agents are generally prohibited from undisclosed self-dealing with the principal - true or false?
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True
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An agent is empowered to usurp an opportunity that belongs to the principal - true or false?
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False
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A dual agency occurs when a principal acts for two (2) or more different agents in the same transaction - true or false?
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True
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Principals are liable for the negligent conduct of agents acting within the scope of their employment. This liability is based on the common law doctrine of respondeat superior, which in turn is based on the legal theory of vicarious liability - true or false?
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True
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Agents sometimes do things during the course of their employment to further their own interests rather than the principal's. For example, an agent might take a detour to run a personal errand while on assignment for the principal. This is commonly referred to as a "frolic and detour."
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True
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Under the common law, a principal is generally not liable for injuries caused by its agents and employees while they are on their way to or from work. This principal is referred to as the vicarious liability rule.
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False
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Sometimes, principals request that agents run errands or conduct other acts on their behalf while the agent or employee is on personal business. In this case, the agent is on an errant mission.
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False
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A principal is liable for the intentional torts of agents and employees that are committed outside the principal's scope of business - true or false?
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False
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A principal is liable under the doctrine of vicarious liability for intentional torts of agents and employees committed within the agent's scope of employment - true or false?
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True
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Under the "motivation" test, if the agent's motivation in committing an intentional tort is to promote the principal's business, the principal is liable for any injury caused by the tort. If, however, an agent's motivation in committing the intentional tort is personal, the principal is not liable, even if the tort takes place during business hours or on business premises - true or false?
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True
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Under the "coming and going" rule, if an agent commits an intentional tort within a work-related time or space—for example, during working hours or on the principal's premises—the principal is liable for any injuries caused by the agent's intentional torts - true or false?
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False
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A principal is liable for the intentional and innocent misrepresentations made by an agent acting within the scope of employment - true or false?
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False
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The right of ________ means that upon the death of one of the co-owners (or joint tenants), the deceased person's interest in the property automatically passes to the surviving joint tenant or joint tenants.
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Survivorship
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In a tenancy in ________, the interests of a surviving tenant pass to the deceased tenant's estate and not to the co-tenants.
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Common
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Tenancy by the ________ is a form of co-ownership of real property that can be used only by married couples.
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Entirety
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A(n) ________ is a form of co-ownership of a multiple-dwelling building in which a corporation owns the building, and the residents own shares in the corporation.
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Cooperative
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The two (2) forms of future interests are ________ and ________.
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Reversion; remainder
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A(n) ________ is a right of possession that returns to the grantor after the expiration of a limited or contingent estate.
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Reversion
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If the right of possession returns to a third party upon the expiration of a limited or contingent estate, it is called a ________.
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Remainder
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State laws recognize two (2) different types of deeds that provide different degrees of protection to grantees. They are: (1) a ________ deed; and (2) a ________ deed.
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Warranty; quitclaim
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Recording a deed gives ________ notice to the world of the owner's interest in property.
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Constructive
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A arty who is concerned about his or her ownership rights in a parcel of real property can bring a(n) ________ action, which is a lawsuit to have a court determine the extent of those rights.
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Quiet title
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A grantor has the obligation to transfer ________ title to the grantee.
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Marketable
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The ________ system is a method of determining title to real property in a judicial proceeding at which everyone claiming an interest in the property may appear and be heard. After the evidence is heard, the court issues a certificate of title to the person who is determined to be the rightful owner.
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Torrens
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In most states, a person who wrongfully possesses someone else's real property obtains title to that property if certain statutory requirements are met. This is called ________ possession.
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Adverse
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A(n) ________ is an interest in land that gives the holder the right to make limited use of another's property without taking anything from it.
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Easement
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Personal property is immovable or attached to immovable land or buildings, whereas real property is movable - true or false?
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False
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The owner of land possesses subsurface rights, or mineral rights, to the earth located beneath the surface of the land - true or false?
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True
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Plant life and vegetation growing on the surface of land are considered real property - true or false?
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True
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Certain personal property is so closely associated with real property that it becomes part of the realty. Such items are called firmaments - true or false?
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False
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Common law provided that the owners of real property owned that property from the center of the earth to the heavens - true or false?
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True
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A person's ownership right in real property is called an estate in personality - true or false?
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False
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A freehold estate is an estate in which the owner has a present possessory interest in the real property - true or false?
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True
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There are three (3) types of freehold estates: (1) fee simple absolute; (2) fee simple defeasible; and (3) life estate - true or false?
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True
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A fee simple defeasible is an estate in fee that is the highest form of ownership of real property, because it grants the owner the fullest bundle of legal rights that a person can hold in real property - true or false?
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False
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A fee simple defeasible grants the owner all the incidents of a fee simple absolute, except that the ownership may be taken away if a specified condition occurs or does not occur - true or false?
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True
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A life estate is an interest in real property that lasts for the life of a specified person, usually the grantee - true or false?
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True
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A life estate may be measured by the life of a third party, which is called an estate pour autre vie - true or false?
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True
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Two (2) or more persons may own a piece of real property. This is called co-ownership, or concurrent ownership - true or false?
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True
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The most distinguished feature of a joint tenancy is the co-owners' right of survivorship - true or false?
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True
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The tenant's interest in the real property is called ________.
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A leasehold estate
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A ________ is created when a landlord and a tenant agree on a specific duration for a lease.
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Tenancy for years
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A ________ is created when a lease specifies intervals at which payments are due but does not specify how long the lease is for.
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Periodic tenancy
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A lease that may be terminated at any time by either party creates a ________.
answer
Tenancy at will
question
Most states require an owner to go through certain legal proceedings, called eviction proceedings or unlawful ________ actions, to evict holdover tenants.
answer
Detainer
question
A lease grants the tenant ________ possession of the leased premises until (1) the term of the lease expires or (2) the tenant defaults on the obligations under the lease.
answer
Exclusive
question
The courts of many jurisdictions hold that an ________ applies to residential leases for their duration.
answer
Implied warranty of habitability
question
In a ________ lease arrangement, the tenant is responsible for paying rent and property taxes.
answer
Gross
question
In a ________ lease arrangement, the tenant is responsible for paying rent, property taxes, and utilities.
answer
Double net
question
The liability of landlords to tenants injured on their property is called ________ liability.
answer
Premises
question
If a tenant transfers all of his or her interests under a lease, it is a(n) ________ of a lease.
answer
Assignment
question
If a tenant transfers only some of his or her rights under a lease, it is a(n) ________.
answer
Sublease
question
The government may use its power of ________ to acquire private property for public purposes.
answer
Eminent domain
question
In a landlord-tenant relationship, the party who owns or controls the leased space is called a lessee, while the party who is renting the space is called the lessor - true or false?
answer
False
question
The tenant's interest in the property is called a leasehold estate - true or false?
answer
True
question
A tenancy for years is created when a landlord and a tenant agree on a specific duration for a lease - true or false?
answer
True
question
A tenancy at will is created when a lease specifies intervals at which payments are due but does not specify how long the lease is for - true or false?
answer
False
question
A tenancy at sufferance is created when a tenant retains possession of property after the expiration of another tenancy or a life estate without the owner's consent - true or false?
answer
True
question
Most states require an owner to go through certain legal proceedings, called eviction proceedings or unlawful detainer actions, to evict holdover tenants - true or false?
answer
True
question
A lease grants the tenant limited possession of the leased premises until (1) the term of the lease expires or (2) the tenant defaults on the obligations under the lease - true or false?
answer
False
question
A landlord constructively evicts the tenant by causing the leased premises to become unfit for their intended use (for example, by failing to provide electricity) - true or false?
answer
False
question
The courts of many jurisdictions hold that an "express warranty of suitability" applies to residential leases for their duration. This warranty provides that the leased premises must be fit, safe, and suitable for ordinary residential use - true or false?
answer
False
question
In a net lease arrangement, the tenant is responsible for paying rent and property taxes - true or false?
answer
True
question
In a double net lease the tenant is responsible for paying rent, property taxes, and utilities - true or false?
answer
True
question
In a gross, gross, gross lease (or triple-gross lease) arrangement, the tenant is responsible for paying rent, property taxes, utilities, and insurance - true or false?
answer
True
question
If a tenant transfers all of his or her interests under a lease, it is an assignment of a lease - true or false?
answer
True
