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The Paralegal Professional
Chapters 14-16
39
Law
Undergraduate 1
04/29/2012

Additional Law Flashcards

 


 

Cards

Term
personal property
Definition
tangible property such as automobiles,furniture, and equipment, and intangible property such as securities, patents, and copyrights
Term
gift
Definition
a voluntary transfer of title to property without payment of consideration by the donee. To be valid, three elements must be shown: 1. donative intent, 2. delivery, and 3. acceptance
Term
Donor
Definition
a person who gives a gift
Term
donee
Definition
a person who receives a gift
Term
gift inter vivos
Definition
made during a person's lifetime that is irrevocable transfer of ownership.
Term
gift causa mortis
Definition
made in contemplation of death.can be revoked from the donor up until they die. takes precedence over a prior conflicting will.
Term
Uniform Gift to Minors Act
Definition
establish procedures for adults to make gifts of money and securities to minors.
Term
mislaid property
Definition
an owner voluntarily paces somewhere and then inadvertently forgets.
Term
Lost property
Definition
owner leaves somewhere because of negligence, carelessness, or inadvertence.
Finder obtains title against the whole world except owner.
Term
abandoned property
Definition
owner discards with the intent to relinquish rights in it or mislaid or lost, gives up any further attempts to locate it. Finder acquires title.
Term
Bailment
Definition
a transaction in which an owner transfers his or her personal property to another to be held, stored, delivered, or for some other purpose. Title does not transfer.
Term
Bailor
Definition
the owner of property in bailment
Term
Bailee
Definition
holder of goods who is not the seller or buyer (e.g., a warehouse or common carrier)
Term
Real Property
Definition
the land itself as well as buildings, trees, soil, minerals, timber, plants, and other things permanently affixed to the land.
Term
fixtures
Definition
good that are affixed to real estate so as to become part thereof (lights, fencing)
Term
Estate (land)
Definition
ownership rights in real property; the bundle of legal rights of the owner to possess, use and enjoy the property.
Term
freehold property
Definition
an estate in which the owner has a present possessory interest in the real property
Term
fee simple absolute
Definition
a type of ownership of real property that grants the owner the fullest bundle of legal rights that a person can hold in real property.
Term
fee simple defeasible (qualified fee)
Definition
a type of ownership of real property that grants the owner all the incidents of a fee simple absolute except that it may be taken away if a specified condition occurs or does not occur. (e.g., not used for non-religious purpose)
Term
Life Estate
Definition
an interest in land for a person's lifetime; upon that person's death, the interest will be transferred to another party.
Term
Future interest
Definition
the grantor retains for him-or-herself or a third party
Term
reversion
Definition
a right of possession that returns to the grantor after the expiration of a limited or contingent estate
Term
remainder
Definition
a right to possession that returns to a third party upon the expiration of a limited or contingent estate.
Term
co-ownership (concurrent ownership)
Definition
two or more people own real property
Term
joint tenancy
Definition
a form of co-ownership that includes the right to survivorship.
Term
tenancy in common
Definition
a form of co-ownership in which the interest of a surviving tenant in common passes to the deceased tenant's estate and not to the co-tenants.
Term
tenancy by the entirety
Definition
a form of co-ownership of real property that can be used only by married couples.
Term
community property
Definition
a form of ownership in which each spouse owns an equal on-half share of the income of both spouses and the assets acquired during the marriage.
Term
condominium
Definition
a common form of ownership in a multiple-dwelling building in which the purchaser has title to the individual unit and owns the common areas as a tenant in common with the other condominium owners.
Term
cooperative
Definition
a form of co-ownership of a multi-dwelling building in which a corporation owns the building and the residents own shares in the corporation.
Term
deed
Definition
a writing that describes a person's ownership interest in a piece of real property
Term
Grantor
Definition
the party who transfers an ownership interest in real property.
Term
Grantee
Definition
the party to whom an interest in real property is transferred.
Term
Sale (conveyance)
Definition
the passing of title from a seller to a buyer for a price.
Term
Warranty deed
Definition
contains the greatest number of warranties and provides the most protection to grantees
Term
quitclaim deed
Definition
least amount of protection because the grantor conveys only whatever interest he or she has in the property.
Term
recording statute
Definition
a state statute that requires a mortgage or deed of trust to be recorded in the county recorder's office on the county in which the real property is located.
Term
quiet title action
Definition
an action brought by a party seeking an order of the court declaring who has title to disputed property. by its decision, the court "quiets title"
Term
marketable title (good title)
Definition
to real property that is free from any encumbrances or other defects that are not disclosed but would affect the value of the property.
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