RE Law Chapter 1
Terms
undefined, object
copy deck
- Most of California Law originally came from where?
- ENGLISH COMMON LAW
- Courts rely on precident. This reliance of former court decision is called?
- STARE DECISIS
- In California, our system of statutes could best be described as..
- CIVIL LAW
- The _________ is the supreme law of the land.
- CONSTITUTION
- The power of eminent domain, is in what amendment to the US Constitution?
- FIFTH AMENDMENT
- What things DO NOT apply in an Administractive Hearing? (3Things)
-
JURY
EVIDENCE
ATTORNEY - Most of Real Estate Law fall under what type of law?
-
CIVIL: FEDERAL STATUTES
IE:
Federal Housing Act
Equal Opportunity Act
Civil Rights Act
Truth in Lending Act
Fair Credit Reporting Act -
Most laws governing ownership rights are at what level?
State
Federal
Local
City - STATE LEVEL
- The regulation of Real Estate Licenses are covered in what Code?
- BUSINESS AND PROFESSIONAL CODE
- There is no Uniform Code for what?
- REAL PROPERTY
- The Real Estate Commissioner is appointed by the ________.
- STATE GOVERNOR
- The commissioner has the responsibility to do what?
-
ENFORCE LAW
ISSUE REGULATIONS - The regulations of the administrative agency has the responsibility to provide what?
-
HOLD PUBLIC HEARINGS
CARRY OUT STATUTES - The ______ ______ Act authorizes the commissioner to hold formal hearings involving licensees applicants, licensees, or sub-dividers.
- ADMINISTRATIVE PROCEDURE
-
TRUE OR FALSE..
An action of the Real Estate Commissioned cannot be appealed. -
FALSE
Actions can be appealed to the California Supreme Court -
TRUE OR FALSE
The RE Commissioner does not have the authority to settle common disputes such as employee disputes. -
TRUE
This would need to go to civil or arbitration - The ________ is the highest court in the land.
- US SUPREME COURT
- What happens if the Supreme Court refuses to hear a case?
- The lower court decision stands.
- This is the court you would go to for a claim over 25,000.00
- SUPERIOR COURT
- Most Real Estate Cases are heard in what court?
- SUPERIOR COURT
- A lawsuit begins when the ______ files a complaint against the _______.
-
1) PLAINTIFF
2) DEFENDANT - Why would a court most likely charge SPECIFIC PERFORMANCE in a case involving real estate?
- Because all homes are unique, therefore a monetary award would not equal the value of the real estate.
- If I receive money to pay for my medical bills, the award is called ________ damages.
- COMPENSATORY
- If I receive ADDITIONAL monetary damages for a claim beyond the actual damage, I receive ______ damages.
- EXEMPLARY DAMAGES
- Why might a judge award a plaintiff a sum of $1.00?
-
Though the claim is true, it did not cause a damage substantial.
NOMINAL DAMAGE - The remedy in which a person is ordered to cease and desist from an activity is called an _____________.
- INJUNCTION
- _______ ______ is a legal action to determine the ownership or rights in real property.
- QUIET TITLE
- _____________ is the mutual release of a contract.
- RECISSION
- If a court re-writes a contract to read as it was intended to read this is a ___________.
- REFORMATION
- What does a person NOT have the right to in arbitration?
- An APPEAL
- When an outside third party works with people in a dispute to help them solve the issue.
- MEDIATION
-
TRUE OR FALSE
Mediation is binding. - No, it is non-binding
- The Equal Opportunity Act is best described as what type of law?
- CIVIL LAW
- The document that initiates the process to determine whether a licensee should be formally disciplined, is known as ________.
- ACCUSATION