Question 1

Land,and anything attached to it is classified as which type of property?

Accepted Answer

A)  Personal
B)  Real
C)  Substantive
D)  Valued
E)  AppraisedF) C) and E)
G) C) and D)

Question 2

By law,a document of title may not be negotiable.

Accepted Answer

A) True 
 B)False

Question 3

A document of title issued by a person engaged in the business of transporting goods that verifies receipt of goods for shipment best classified as a:

Accepted Answer

A)  Receipt order
B)  Warehouse receipt
C)  Bill of lading
D)  Delivery order
E)  Negotiable receiptF) C) and D)
G) B) and E)

Question 4

Jack is severely injured in an accident at work and believes he is going to die.He tells his friend and co-worker,Diane,that she can have his car after he is dead.However,Jack makes a full recovery.Because he did not die,his gift of the car to Diane will be automatically revoked.

Accepted Answer

A) True 
 B)False

Question 5

Jason stated that he owes Sabrina nothing and that only Sabrina has the right to take legal action against the thief.Which of the following statement is true regarding Jason's statement to Sabrina?

Accepted Answer

A)  He is incorrect because he has the right to take legal action against the thief,and Jason's conduct indicates that he has legal liability to Sabrina.
B)  He is correct on all counts.
C)  Only if he can identify the thief beyond a reasonable doubt is he correct that he has no further duties to Sabrina,because only Sabrina has the right to take legal action against the thief at that point.
D)  He is incorrect that he has no liability to Sabrina,but correct that only Sabrina may take legal action against the thief.
E)  He is correct that he has no liability to Sabrina,but incorrect that only Sabrina may take legal action against the thief.F) All of the above
G) B) and D)

Question 6

Which of the following statements is false regarding bailments?

Accepted Answer

A)  A bailment may be for consideration.
B)  A bailment agreement must be contained in a written agreement.
C)  The standard of care varies depending on who benefits from the bailment.
D)  A bailment may be gratuitous.
E)  The parties to a bailment contract can limit or expand the liability of the bailee by contract.F) C) and D)
G) None of the above

Question 7

Which of the following is true regarding Devin's statement at the hospital regarding Kendra taking the ticket?

Accepted Answer

A)  Because there was no certainty that Devin would die,there was no valid inter vivos or causa mortis gift.
B)  Once Kendra accepted the ticket,a valid gift was made which could not be revoked.
C)  The gift was irrevocable based on the condition that Kendra never had another boyfriend;otherwise,she had to give the ticket and any resulting cash back to Devin.
D)  Because he did not die and recovered from the surgery,his gift to Kendra was automatically revoked.
E)  The gift was irrevocable based on the condition that Kendra never had another boyfriend;but because the gift was of the ticket itself and not the potential winnings,once the ticket was converted into cash,the gift became fully irrevocable and the condition no longer applied.F) None of the above
G) B) and C)

Question 8

Contracts that are drafted so that one person's obligations under the contract do not arise until the happening of a certain event are called ________ contracts.

Accepted Answer

A)  Preventable
B)  Convertible
C)  Conditional
D)  Invalid
E)  TemporaryF) B) and E)
G) A) and E)

Question 9

Gifts made during someone's lifetime and not made in contemplation of death are referred to as:

Accepted Answer

A)  Causa mortis gifts
B)  Inter vivos gifts
C)  Conditional gifts
D)  Sustainable gifts
E)  In rem giftsF) A) and D)
G) C) and D)

Question 10

In a bailment for consideration that is for the mutual benefit of both parties,what fundamental duty or duties) does the bailor have toward the bailee?

Accepted Answer

A)  Only the duty of compensation.
B)  The duty of compensation and reimbursement,and the duty to warn the bailee of known defects or any that could have been discovered through reasonable investigation.
C)  The duty of compensation and reimbursement,the duty to provide the bailee with property free from hidden defects that could harm the bailee,and the duty to keep accurate records of the transaction.
D)  Only the duty to provide the bailee with property free from hidden defects that could harm the bailee.
E)  Only the duty of compensation and reimbursement.F) A) and B)
G) C) and E)

Question 11

If a bailment is intended to benefit only the bailor,which of the following statements is accurate?

Accepted Answer

A)  The bailee is liable for harm to the bailed property arising only out of the bailee's gross negligence only.
B)  The bailee is liable for harm to the bailed property arising out of either the bailee's ordinary or gross negligence.
C)  The bailee is liable for harm to the bailed property caused by even the slightest lack of due care on the part of the bailee.
D)  The bailee is not liable for harm to the bailed property because of the doctrine of assumption of the risk.
E)  The bailee is strictly liable for harm to the bailed property.F) B) and D)
G) B) and E)

Question 12

Karla enjoys snooping,especially through her neighbor's trash.She sneaks out and takes the neighbor's trash after they have gone to work,but before the trash collector comes.She goes through it to find confidential information regarding the neighbors but never tells anyone else or uses the information for any purpose.Can Karla become the legal owner of this property;and,why or why not? Also discuss whether you believe it is ethical for Karla to go through the neighbor's trash,and why or why not.

Accepted Answer

Bernice can become the owner because the...

Question 13

The bailee has the right to be compensated according to the terms of the bailment,unless the bailment is gratuitous.

Accepted Answer

A) True 
 B)False

Question 14

In the text case,Campbell v.Robinson,Campbell,the plaintiff,sued the defendant,his former fiancé Robinson,claiming that she wrongfully refused to return an engagement ring when the marriage was cancelled.The defendant claimed that she was entitled to keep the ring because Campbell was at fault for calling off the marriage.Further,Robinson claimed that Campbell told her to keep the ring,even after the engagement was called off,a claim that Campbell denied.The trial court ruled in favor of the defendant,and Campbell appealed.Which of the following outcomes was the result of the appeal in the case?

Accepted Answer

A)  The original verdict was affirmed,and the defendant was entitled to keep the ring because the termination of the engagement was the plaintiff's fault.
B)  The original verdict was affirmed and the defendant was entitled to keep the ring because it was an inter vivos gift,and there had been delivery,donative intent,and acceptance of the gift when she initially received it.
C)  The original verdict was affirmed in part and reversed in part,because under principles of equity,the plaintiff was entitled to keep the ring,but only if she paid the defendant half of its value and that if she refused to do so,the ring would be sold and the proceeds split between the parties.
D)  The original verdict was reversed,because the ring was a conditional gift,and when the engagement was terminated,the defendant was required to return the ring.
E)  The original verdict was affirmed in part,reversed in part,and remanded for a new trial because a jury question was presented as to whether the plaintiff made an absolute gift of the ring to the defendant after the termination of the engagement,and errors on the jury charge and verdict form prejudiced the plaintiff.F) All of the above
G) B) and E)

Question 15

What is meant by the concept of confusion in terms of acquiring ownership,and when and how is it applied?

Accepted Answer

Acquiring ownership through confusion in...

Question 16

The ________ is the person who transfers possession of personality in a bailment situation.

Accepted Answer

A)  Bailee
B)  Transferee
C)  Transferor
D)  Novator
E)  BailorF) B) and D)
G) C) and D)

Question 17

[Heartache Hotel] Steve owns the Heartache Hotel,which is located in a trendy neighborhood in a major city.Because of the proximity of the hotel to a high-end retail shopping district,Steve provides a small hotel safe for guests to use to store valuables.At check-in,all guests receive a printed notice of the availability of the safe,which includes a printed disclaimer that explains that if a guest fails to take advantage of the safe,according to state law the hotel will not be liable for lost valuables.Further,because of its proximity to public transportation and multiple public parking facilities,the hotel does not provide parking facilities for its guests.Jason and Lisa book a room at the Heartache Hotel after a long day of shopping.They have a valuable 50" television in the trunk of their car,which is parked at a public garage next to,but not affiliated with or recommended by,the hotel.They also have about $10,000 worth of jewelry,which they bring into the hotel.At check-in,they are handed the notice about the hotel safe,but after reading it,Lisa decides to just hide the jewelry in the bottom of her suitcase.While Lisa and Jason are having a drink at the hotel bar,a thief breaks into their room and steals the jewelry.During the night,the television is also stolen from the trunk of their car.When Lisa and Jason discover their valuables are missing,they sue the hotel for negligence for the value of the stolen jewelry and television.
-Will the hotel be held liable for the value of the stolen jewelry?

Accepted Answer

A)  Yes,because a hotel is strictly liable for the safekeeping of the property of its guests.
B)  No,because Lisa and Jason were lodgers,not guests.
C)  No,because Lisa was clearly notified of the existence of the hotel safe and chose not to take advantage of it.
D)  No,because a hotel has no obligation to safeguard its guests' valuables.
E)  Yes,because the jewelry was valued at over $5,000.F) A) and C)
G) C) and D)

Question 18

In the "Case Nugget" GNOC Corp.v.Powers,a hotel guest sued a hotel for negligence when valuables were stolen from his hotel room.What was the main holding of the case on appeal?

Accepted Answer

A)  A hotel is only liable for the loss of a guest's valuables when those valuables are stolen by a third party that is unrelated to the hotel.
B)  A hotel cannot be held liable for the loss of a guest's valuables that could have been - but were not - deposited in the hotel safe.
C)  A hotel is only liable for the loss of a guest's valuables if the value of the lost property is in excess of $50,000,regardless of where the valuables are stored.
D)  A hotel is strictly liable for the loss of a guest's valuables,with no exceptions.
E)  A hotel has no legal obligation to provide its guests with access to the hotel safe.F) C) and D)
G) A) and C)

Question 19

Stocks,bonds,and other items that can be owned but cannot be seen or touched are examples of tangible property.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following statements is false regarding ways in which people may acquire title to property?

Accepted Answer

A)  If a person creates a piece of property for himself or herself,then he or she owns that property only so long as it is registered through either the patent or copyright process.
B)  In a bankruptcy case the court may award ownership of certain property to a creditor.
C)  A person may acquire ownership through confusion.
D)  When a person is paid to create property for someone else,the property is owned by the person who paid for its creation.
E)  A means of acquiring ownership is by court order.F) A) and C)
G) B) and D)

Exam 48: The Nature of Property, personal Property, and Bailments

Which of the following statements is false regarding ways in which people may acquire title to property?

Correct Answer
verified

In a bailment for consideration that is for the mutual benefit of both parties,what fundamental duty or duties) does the bailor have toward the bailee?

Correct Answer
verified

Which of the following is true regarding Devin's statement at the hospital regarding Kendra taking the ticket?

Correct Answer
verified

Correct Answer
verified
Bernice can become the owner because the...
View Answer

What is meant by the concept of confusion in terms of acquiring ownership,and when and how is it applied?

Correct Answer
verified
Acquiring ownership through confusion in...
View Answer

The ________ is the person who transfers possession of personality in a bailment situation.

Correct Answer
verified

Correct Answer
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By law,a document of title may not be negotiable.

Correct Answer
verified

Stocks,bonds,and other items that can be owned but cannot be seen or touched are examples of tangible property.

Correct Answer
verified

A document of title issued by a person engaged in the business of transporting goods that verifies receipt of goods for shipment best classified as a:

Correct Answer
verified

Land,and anything attached to it is classified as which type of property?

Correct Answer
verified

Jack is severely injured in an accident at work and believes he is going to die.He tells his friend and co-worker,Diane,that she can have his car after he is dead.However,Jack makes a full recovery.Because he did not die,his gift of the car to Diane will be automatically revoked.

Correct Answer
verified

Jason stated that he owes Sabrina nothing and that only Sabrina has the right to take legal action against the thief.Which of the following statement is true regarding Jason's statement to Sabrina?

Correct Answer
verified

Contracts that are drafted so that one person's obligations under the contract do not arise until the happening of a certain event are called ________ contracts.

Correct Answer
verified

In the "Case Nugget" GNOC Corp.v.Powers,a hotel guest sued a hotel for negligence when valuables were stolen from his hotel room.What was the main holding of the case on appeal?

Correct Answer
verified

Which of the following statements is false regarding bailments?

Correct Answer
verified

If a bailment is intended to benefit only the bailor,which of the following statements is accurate?

Correct Answer
verified

Correct Answer
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Gifts made during someone's lifetime and not made in contemplation of death are referred to as:

Correct Answer
verified

The bailee has the right to be compensated according to the terms of the bailment,unless the bailment is gratuitous.

Correct Answer
verified

Exam 48: The Nature of Property, personal Property, and Bailments

Which of the following statements is false regarding ways in which people may acquire title to property?

Correct AnswerverifiedShow Answer

In a bailment for consideration that is for the mutual benefit of both parties,what fundamental duty or duties) does the bailor have toward the bailee?

Correct AnswerverifiedShow Answer

Which of the following is true regarding Devin's statement at the hospital regarding Kendra taking the ticket?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedBernice can become the owner because the...View AnswerShow Answer

What is meant by the concept of confusion in terms of acquiring ownership,and when and how is it applied?

Correct AnswerverifiedAcquiring ownership through confusion in...View AnswerShow Answer

The ________ is the person who transfers possession of personality in a bailment situation.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

By law,a document of title may not be negotiable.

Correct AnswerverifiedShow Answer

Stocks,bonds,and other items that can be owned but cannot be seen or touched are examples of tangible property.

Correct AnswerverifiedShow Answer

A document of title issued by a person engaged in the business of transporting goods that verifies receipt of goods for shipment best classified as a:

Correct AnswerverifiedShow Answer

Land,and anything attached to it is classified as which type of property?

Correct AnswerverifiedShow Answer

Jack is severely injured in an accident at work and believes he is going to die.He tells his friend and co-worker,Diane,that she can have his car after he is dead.However,Jack makes a full recovery.Because he did not die,his gift of the car to Diane will be automatically revoked.

Correct AnswerverifiedShow Answer

Jason stated that he owes Sabrina nothing and that only Sabrina has the right to take legal action against the thief.Which of the following statement is true regarding Jason's statement to Sabrina?

Correct AnswerverifiedShow Answer

Contracts that are drafted so that one person's obligations under the contract do not arise until the happening of a certain event are called ________ contracts.

Correct AnswerverifiedShow Answer

In the "Case Nugget" GNOC Corp.v.Powers,a hotel guest sued a hotel for negligence when valuables were stolen from his hotel room.What was the main holding of the case on appeal?

Correct AnswerverifiedShow Answer

Which of the following statements is false regarding bailments?

Correct AnswerverifiedShow Answer

If a bailment is intended to benefit only the bailor,which of the following statements is accurate?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Gifts made during someone's lifetime and not made in contemplation of death are referred to as:

Correct AnswerverifiedShow Answer

The bailee has the right to be compensated according to the terms of the bailment,unless the bailment is gratuitous.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
verified
Bernice can become the owner because the...
View Answer

Correct Answer
verified
Acquiring ownership through confusion in...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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