Shared Flashcard Set

Details

Objective 9.00 Vocats
Consumer & Personal Property Law
48
Law
Not Applicable
01/06/2011

Additional Law Flashcards

 


 

Cards

Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, the Davis’ hired an excavator to dig a hole for the pool. The excavator’s equipment hit a hard rocky area. The pool installer checked the rock and it was ruby gems. Who owns the valuable uncut gems?
Definition
The Davis’
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, the Davis’ had a pool party. The partygoers got so loud that neighbors called the police. When the police came,they advised that if there were additional complaints charges would be filed for what violation?
Definition
Nuisance Ordinances
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, Brandon decided to operate a business from the home. When Brandon went to get the proper license, the city advised that the business COULD NOT be operated from the home due to what violation?
Definition
Zoning Ordinances
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, the Davis’ met the Simms’ at the closing for the new home. What evidence of ownership was transferred to Brandon and Marcia?
Definition
Deed
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, Brandon and
Marcia sign what legal document pledging the house to “Busy Banker” as security for the home loan?
Definition
Mortage
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, the home is what kind of property?
Definition
Real Property
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, before the city inspector would pass the pool house for occupancy, certain building standards had to be met. The inspector was enforcing what law?
Definition
Health and Public Safety Regulations
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, the Davis’ attorney requires the evidence of ownership in the real property to provide specific written guarantees. What type of deed is this?
Definition
General Warranty
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, the Davis’ decided to install a fence on the property. What violation caused neighbors to STOP the fence installer from completing the job?
Definition
Restrictive Covenants
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, Brandon and
Marcia have what rights of ownership in the property?
Definition
Selling
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, the Simms’
transfer the ownership documents at closing to the Davis’. Who is the grantor?
Definition
The Simms'
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, the Simms’
transfer the ownership documents at closing to the Davis’. Who is the grantee?
Definition
The Davis'
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, if Brandon and Marcia DO NOT make the required monthly payments; what can “Busy Banker” legally do?
Definition
Foreclose on the house
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, the furniture in the home is what kind of property?
Definition
Personal Property
Term
Brandon and Marcia Davis were recently
married and purchased a home from the Simms through a local agent, Ron Realtor. The Simms sold the home to move to another city. Brandon and Marcia worked with Ema Lindsey at “Busy Bank” to qualify for a loan. Brandon purchased an entertainment center for the living room from Frank’s Furniture Depot to surprise Marcia. Other furniture and appliances in the Davis home were used items donated by family and friends. Marcia and Brandon built a pool house and installed an in-ground pool in the back yard.

In the above scenario, what kind of
property is the pool and pool house?
Definition
Real Property
Term
Robert owns a red BMW convertible. At the body shop, Robert left his car with Michael, a shop employee, to be painted. The brakes were defective and needed to be repaired.

In the above scenario, Robert forgot to tell Michael that the car’s park brake was not working properly. When Michael tried to park the car, the brakes failed. The car rolled and hit a utility pole. What special duties does the bailor have?
Definition
Warn bailee if any special care is required
Term
Robert owns a red BMW convertible. At the body shop, Robert left his car with Michael, a shop employee, to be painted. The brakes were defective and needed to be repaired.

In the above scenario, Michael decides to call a friend and take a joy ride while in possession of Robert’s car. Michael has an accident in the car. As a result of this behavior, what has Michael become?
Definition
Tortious Bailee
Term
Robert owns a red BMW convertible. At the body shop, Robert left his car with Michael, a shop employee, to be painted. The brakes were defective and needed to be repaired.

In the above scenario, which term
identifies Michael?
Definition
Bailee
Term
Robert owns a red BMW convertible. At the body shop, Robert left his car with Michael, a shop employee, to be painted. The brakes were defective and needed to be repaired.

In the above scenario, which term
identifies Robert?
Definition
Bailor
Term
Robert owns a red BMW convertible. At the body shop, Robert left his car with Michael, a shop employee, to be painted. The brakes were defective and needed to be repaired.

In the above scenario, what relationship is created between Michael and Robert?
Definition
Bailment Contract
Term
Rob’s Roofing replaced shingles on Meredith’s house. When the first hard rain and wind came, the house leaked. No one at Rob’s Roofing is returning Meredith’s calls. Another roofer looked at the poor workmanship and said the job needed to be redone. Meredith cannot afford another new roof. Who can Meredith contact to help her?
Definition
Better Business Bureau (BBB)
Term
Polly purchased a vacuum cleaner but was very displeased with the performance of the product. The first resource for Polly to get the complaint resolved is what?
Definition
Store's customer service department
Term
RX Pharmaceuticals manufactures prescription drugs. The company used an additional ingredient that reduced the drug’s quality. The FDA fined RX for doing what to a drug?
Definition
Adulterate it
Term
Larry purchased items from the flea market. Larry is always careful due to CAVEAT EMPTOR. What does this term mean?
Definition
Let the buyer beware
Term
Tony received goods COD. What does the term COD mean in a sales contract?
Definition
Collect on Delivery
Term
ACE, Inc. sent goods FOB to Tony. What does the shipment term FOB mean?
Definition
Free on Board
Term
In a bailment contract, explain the special duties of the bailee?
Definition
Provides reasonable care
Term
According to the Fair Packaging and Labeling Act a food or drug with false or misleading labeling or packaging can be fined for what?
Definition
Misbranded
Term
When a consumer complaint is not resolved, the last resort for a consumer to contact with the complaintis what?
Definition
Attorney to file a lawsuit
Term
Shane bought a new car. Shane parked his old car with a “FOR SALE” sign in the driveway. What guarantees will come with purchase of the old car?
Definition
Warranty of Title
Term
Carmen opens a retail clothing store, Carmen’s Chic Clothing. Estelle is one of Carmen’s best customers who buys a new wardrobe with each season and has the merchandise shipped to her home.

In the above scenario, Cleo made
Carmen an offer to buy the business. Carmen decides to sell. Carmen notifies her creditors and makes plans to sell the entire business to Cleo. What kind of sale is this?
Definition
Bulk Transfer
Term
Carmen opens a retail clothing store, Carmen’s Chic Clothing. Estelle is one of Carmen’s best customers who buys a new wardrobe with each season and has the merchandise shipped to her home.

In the scenario, Estelle buys a summer wardrobe. When UPS picks up the goods to be shipped, what document does UPS give Carmen?
Definition
Bill of Lading
Term
Carmen opens a retail clothing store, Carmen’s Chic Clothing. Estelle is one of Carmen’s best customers who buys a new wardrobe with each season and has the merchandise shipped to her home.

In the above scenario, Carmen has
seasonal merchandise stored in an off premise facility. When goods are delivered to the storage facility, what document does Carmen get?
Definition
Warehouse Receipt
Term
Carmen opens a retail clothing store, Carmen’s Chic Clothing. Estelle is one of Carmen’s best customers who buys a new wardrobe with each season and has the merchandise shipped to her home.

In the above scenario, Estelle tries on a blue dress. Carmen says, “Wow, that dress makes you look ten years younger!” This is an example of what?
Definition
Puffery
Term
Carmen opens a retail clothing store, Carmen’s Chic Clothing. Estelle is one of Carmen’s best customers who buys a new wardrobe with each season and has the merchandise shipped to her home.

In the above scenario, Estelle returns shoes that did not look like the sample at Carmen’s. Carmen offered to replace the shoes. Which type of warranty would require this action?
Definition
Express Warranty
Term
Carmen opens a retail clothing store, Carmen’s Chic Clothing. Estelle is one of Carmen’s best customers who buys a new wardrobe with each season and has the merchandise shipped to her home.

In the above scenario, Carmen may
legally sell the goods because Carmen is what?
Definition
Merchant
Term
Carmen opens a retail clothing store, Carmen’s Chic Clothing. Estelle is one of Carmen’s best customers who buys a new wardrobe with each season and has the merchandise shipped to her home.

In the above scenario, what kind of goods are the items Estelle’s has selected for purchase?
Definition
Identified Goods
Term
Carmen opens a retail clothing store, Carmen’s Chic Clothing. Estelle is one of Carmen’s best customers who buys a new wardrobe with each season and has the merchandise shipped to her home.

In the above scenario, Estelle purchased $750 in clothing. The contract is required to be in writing in accordance with what law?
Definition
Statute of Frauds
Term
Carmen opens a retail clothing store, Carmen’s Chic Clothing. Estelle is one of Carmen’s best customers who buys a new wardrobe with each season and has the merchandise shipped to her home.

In the above scenario, when Estelle buys clothes, what right of ownership to the goods does Estelle receive?
Definition
Title
Term
Carmen opens a retail clothing store, Carmen’s Chic Clothing. Estelle is one of Carmen’s best customers who buys a new wardrobe with each season and has the merchandise shipped to her home.

In the above scenario, when Carmen
makes a sale, what collection of federal laws deal with the sale, transfer and purchase of goods?
Definition
Uniform Commercial Code (UCC)
Term
Dewey Auto Sales is a car dealership. The dealership runs a weekly ad in the local newspaper. Jennifer and Brad were shopping for a car and relied on the advertisement for information.

In the above scenario, Brad and Jennifer go to the car lot with today’s advertisement wanting to test drive a car described in the ad. The salesman says that the last one of those cars was just sold. The salesman says he can show them other available vehicles. What term identifies this deceptive practice?
Definition
Bait and Switch
Term
Dewey Auto Sales is a car dealership. The dealership runs a weekly ad in the local newspaper. Jennifer and Brad were shopping for a car and relied on the advertisement for information.

In the above scenario, Brad and Jennifer buy a new car. The car is taken to the dealership eight times for the same problem during the first six months. The repair department has repaired and replaced the defective part, but the problem does not stop. Under what law can the couple request a replacement car?
Definition
Lemon Law
Term
Dewey Auto Sales is a car dealership. The dealership runs a weekly ad in the local newspaper. Jennifer and Brad were shopping for a car and relied on the advertisement for information.

In the above scenario, Brad found a used car he liked. On the car window was a sign that said “AS IS”. What type of warranty did the car have?
Definition
No Warranty
Term
Will saw an advertisement where he could quit commuting to his job and make $2,500 a month or more. When he called the toll free number, the job required a $5,000 up front investment for “equipment and customer lists”. Will was deceived by the ad and called a fraud hotline.

In the above scenario, to which federal agency should Will report the unfair or deceptive practice?
Definition
Federal Trade Commission (FTC)
Term
Will saw an advertisement where he could quit commuting to his job and make $2,500 a month or more. When he called the toll free number, the job required a $5,000 up front investment for “equipment and customer lists”. Will was deceived by the ad and called a fraud hotline.

In the above scenario, what type of fraud did Will report?
Definition
Work at home scheme
Term
A door to door salesman intimidated Brittany into buying encyclopedias costing $300. Brittany did not want the books and decided to cancel the order.

In the above scenario, according to law, what is the maximum amount of time Brittany may wait before canceling the order?
Definition
3 Business Days
Term
A door to door salesman intimidated Brittany into buying encyclopedias costing $300. Brittany did not want the books and decided to cancel the order.

In the above scenario, what law allows Brittany to cancel the order ?
Definition
Cooling Off Rule
Term
In a bailment contract, explain the special duties of the bailor?
Definition
Picks up goods in a reasonable time
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