Question 1

Which of the following is a term for gifts made in contemplation of death?

Accepted Answer

A)   Inter vivos gifts
B)   Sustainable gifts
C)   In rem gifts
D)   Probable gifts
E)   Causa mortis giftsF) C) and D)
G) All of the above

Question 2

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

Accepted Answer

Bernice can become the owner because the...

Question 3

Which of the following is the applicable standard used in determining the liability of a common carrier when harm befalls property that is the subject of a bailment placed in the care of the carrier?

Accepted Answer

A)   The carrier is liable only if ordinary or gross negligence can be proven.
B)   The carrier is liable only if gross negligence can be proven.
C)   The carrier is liable only if it can be proven that the carrier acted in a reckless manner.
D)   The carrier is generally strictly liable for harm to the bailed property.
E)   Because of the doctrine of assumption of risk, the carrier is not liable for harm to the bailed property.F) A) and B)
G) C) and D)

Question 4

What fundamental duty or duties does the bailor have toward the bailee in a bailment for consideration?

Accepted Answer

A)   Only the duty of compensation and reimbursement.
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)   Only the duty to provide the bailee with property free from hidden defects that could harm the bailee.
D)   Only the duty of compensation.
E)   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.F) D) and E)
G) B) and E)

Question 5

Parties to a bailment contract can limit or expand the liability of the bailee by contract.

Accepted Answer

A) True 
 B)False

Question 6

What was the result in the Case Opener in which the prisoner was required to move to a new cell and the guard did not lock the old cell as agreed resulting in the theft of some items that had not yet been moved?

Accepted Answer

A)   The court ruled that a prisoner has no rights in respect to a guard.
B)   The court ruled that while a prisoner has some rights, a prisoner does not have the right to expect a guard to safeguard belongings.
C)   The court ruled that although no bailment existed, the guard had a duty to lock the cell.
D)   The court ruled that a bailment existed and that the guard had a duty to lock the cell and to act with reasonable care as a bailee.
E)   The court ruled that the guard had no duty to lock the cell because no witnesses confirmed that the plaintiff prisoner informed the guard that his personal belongings were in the cell.F) All of the above
G) C) and E)

Question 7

Which of the following was the result in Campbell v. Robinson, the case in the text in which the plaintiff claimed that the defendant wrongfully refused to return an engagement ring when the marriage was cancelled?

Accepted Answer

A)   That the defendant was entitled to keep the ring because the termination of the engagement was the plaintiff's fault.
B)   That the defendant was entitled to keep the ring because it was a completed gift when she initially received it.
C)   That 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.
D)   The under principles of equity, the plaintiff was entitled to keep the ring, but only if she paid the defendant ½ of its value and that, otherwise, it would be sold with the proceeds split between the parties.
E)   That because the termination of the engagement was the defendant's fault, she was required to return the ring.F) B) and C)
G) All of the above

Question 8

A _____ of personal property is a relationship that arises when one party transfers possession of personality to another to be used in an agreed-on manner for an agreed-on time period.

Accepted Answer

A)   Bailment
B)   Transfer
C)   Loan
D)   Release
E)   LeaseF) B) and E)
G) C) and E)

Question 9

Which of the following is false regarding bailments?

Accepted Answer

A)   A bailment may be gratuitous.
B)   A bailment may be for consideration.
C)   A bailment agreement must be contained in a written agreement.
D)   The parties to a bailment contract can limit or expand the liability of the bailee by contract.
E)   The standard of care varies depending on who benefits from the bailment.F) A) and D)
G) A) and B)

Question 10

The statute of frauds requires a writing for a bailment that will not be completed within 6 months.

Accepted Answer

A) True 
 B)False

Question 11

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 12

Which of the following is a type of property that can be touched?

Accepted Answer

A)   Tangible
B)   Manifest
C)   Substantive
D)   Discernible
E)   PhysicalF) A) and D)
G) A) and B)

Question 13

Which of the following is property that the true owner has intentionally placed somewhere but has forgotten its location?

Accepted Answer

A)   Lost
B)   Mislaid
C)   Discarded
D)   Abandoned
E)   TerminatedF) A) and B)
G) A) and C)

Question 14

Which of the following is false under Italian Property Law?

Accepted Answer

A)   There is a difference between physical possession and a mental intention to possess.
B)   For immovable property, the potential owner must possess the property for no less than 20 years before full ownership can occur.
C)   For movable property, the potential owner must possess the property for no less than 10 years before full ownership can occur.
D)   Immovable property includes anything attached to the ground, such as trees, buildings, homes, and arenas.
E)   Registration is not required for any movable property.F) C) and E)
G) C) and D)

Question 15

Which of the following is movable property that is not attached to land?

Accepted Answer

A)   Real
B)   Personal
C)   Valued
D)   Appraised
E)   SubstantiveF) A) and B)
G) C) and D)

Question 16

Cindy sold her old used automobile to Bruce for $1,000. Cindy told Bruce to come and take the car and that the transfer would be complete. Is Cindy correct, and why or why not?

Accepted Answer

Cindy is incorrect because in order to t...

Question 17

Which of the following types of property is land and anything attached to it?

Accepted Answer

A)   Real
B)   Personal
C)   Valued
D)   Appraised
E)   SubstantiveF) All of the above
G) None of the above

Question 18

"Lottery Winnings." Frank, a hypochondriac who was also very compulsive, was having minor surgery to repair a bone spur on his foot. He had just purchased a lottery ticket for a chance at the grand prize of $30,000,000. He always kept lists of the numbers of his lottery tickets with him in his billfold. Frank's girlfriend, Bubbles, went with him to the hospital. While in the waiting room, Frank said to her, "Bubbles, I may not make it out of this bone spur surgery. Take my lottery ticket. If I don't make it, I hope you win and live it up; but please don't get another boyfriend." Bubbles replied, "I could never be happy without you." A nurse saw and heard the whole exchange. Frank came out of the surgery just fine but with a sore foot. While he was recuperating that evening, Bubbles watched the lottery drawing and discovered that Frank's ticket was indeed the winning ticket. She immediately moved out and collected the winnings. Frank saw her on television with her new boyfriend, George. She appeared to be very happy. He checked the numbers and discovered that she won off of his ticket. Frank says that the lottery money is his.
-Which of the following is true regarding Frank's statement at the hospital regarding Bubbles taking the ticket?

Accepted Answer

A)   At that point he made a valid gift that could not be revoked.
B)   He did not make a valid inter vivos or causa mortis gift because there was no certainty that he would die.
C)   He made an irrevocable gift at that time only if Bubbles never had another boyfriend; otherwise, she had to give the ticket and any resulting cash to Frank.
D)   He made an irrevocable gift at that time if Bubbles refrained from having another boyfriend until she cashed the ticket; and, after the ticket was converted, the condition no longer applied.
E)   None of these.F) C) and D)
G) A) and C)

Question 19

Which of the following was the result in GNOC Corp. v. Powers, the case in the text involving the application of New Jersey's State Innkeeper's Act to Powers' claim involving a thief who obtained a second key from the hotel and stole $75,000 in gambling winnings and chips that the plaintiff had not placed in the hotel's safe?

Accepted Answer

A)   That a jury question was presented as to whether the negligence of the hotel prevented it from relying on the protection of the Innkeeper Act.
B)   That as a matter of law, the plaintiff was entitled to prevail because the negligence of the hotel prevented it from relying on the protection of the Innkeeper Act.
C)   That as a matter of law, the plaintiff was entitled to prevail because the Innkeeper Act applies to shield a hotel only from acts of its employees with pass keys, not acts of a non-employee thief.
D)   That the Innkeeper Act shielded the hotel from liability because the items could have been deposited in the hotel safe and that the plaintiff was not therefore entitled to recover.
E)   That the plaintiff was entitled to recover only ½ of his losses due to the application of the Innkeeper Act and the fact that the items could have been deposited in the hotel safe.F) B) and E)
G) A) and E)

Question 20

Which of the following was the result in the case referenced in the "Case Nugget," Ziva Jewelry Inc., v. Car Wash Headquarters Inc., in which the plaintiff left his car and keys with a car wash employee and a thief drove off with the car abandoning it unharmed after stealing jewelry valued at over $800,000 from the car's trunk?

Accepted Answer

A)   That the car wash was liable to the plaintiff because the car wash accepted responsibility as a bailee.
B)   That the car wash was not liable to the plaintiff because the car wash employees had no notice they were taking responsibility for so much jewelry.
C)   That the car wash and the plaintiff would be required to split the loss.
D)   That the car wash was liable to the plaintiff for the loss because the car wash had not issued a valid disclaimer.
E)   That it would be unconscionable to hold the car wash liable for the loss.F) B) and C)
G) A) and E)

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

A _____ of personal property is a relationship that arises when one party transfers possession of personality to another to be used in an agreed-on manner for an agreed-on time period.

Correct Answer
verified

Which of the following is a term for gifts made in contemplation of death?

Correct Answer
verified

Which of the following is false under Italian Property Law?

Correct Answer
verified

Which of the following is movable property that is not attached to land?

Correct Answer
verified

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

Cindy sold her old used automobile to Bruce for $1,000. Cindy told Bruce to come and take the car and that the transfer would be complete. Is Cindy correct, and why or why not?

Correct Answer
verified
Cindy is incorrect because in order to t...
View Answer

What was the result in the Case Opener in which the prisoner was required to move to a new cell and the guard did not lock the old cell as agreed resulting in the theft of some items that had not yet been moved?

Correct Answer
verified

Parties to a bailment contract can limit or expand the liability of the bailee by contract.

Correct Answer
verified

The statute of frauds requires a writing for a bailment that will not be completed within 6 months.

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

Which of the following is a type of property that can be touched?

Correct Answer
verified

Which of the following is false regarding bailments?

Correct Answer
verified

Which of the following types of property is land and anything attached to it?

Correct Answer
verified

What fundamental duty or duties does the bailor have toward the bailee in a bailment for consideration?

Correct Answer
verified

Which of the following is property that the true owner has intentionally placed somewhere but has forgotten its location?

Correct Answer
verified

Correct Answer
verified

Which of the following is the applicable standard used in determining the liability of a common carrier when harm befalls property that is the subject of a bailment placed in the care of the carrier?

Correct Answer
verified

Which of the following was the result in Campbell v. Robinson, the case in the text in which the plaintiff claimed that the defendant wrongfully refused to return an engagement ring when the marriage was cancelled?

Correct Answer
verified

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

A _____ of personal property is a relationship that arises when one party transfers possession of personality to another to be used in an agreed-on manner for an agreed-on time period.

Correct AnswerverifiedShow Answer

Which of the following is a term for gifts made in contemplation of death?

Correct AnswerverifiedShow Answer

Which of the following is false under Italian Property Law?

Correct AnswerverifiedShow Answer

Which of the following is movable property that is not attached to land?

Correct AnswerverifiedShow 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

Cindy sold her old used automobile to Bruce for $1,000. Cindy told Bruce to come and take the car and that the transfer would be complete. Is Cindy correct, and why or why not?

Correct AnswerverifiedCindy is incorrect because in order to t...View AnswerShow Answer

What was the result in the Case Opener in which the prisoner was required to move to a new cell and the guard did not lock the old cell as agreed resulting in the theft of some items that had not yet been moved?

Correct AnswerverifiedShow Answer

Parties to a bailment contract can limit or expand the liability of the bailee by contract.

Correct AnswerverifiedShow Answer

The statute of frauds requires a writing for a bailment that will not be completed within 6 months.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is a type of property that can be touched?

Correct AnswerverifiedShow Answer

Which of the following is false regarding bailments?

Correct AnswerverifiedShow Answer

Which of the following types of property is land and anything attached to it?

Correct AnswerverifiedShow Answer

What fundamental duty or duties does the bailor have toward the bailee in a bailment for consideration?

Correct AnswerverifiedShow Answer

Which of the following is property that the true owner has intentionally placed somewhere but has forgotten its location?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is the applicable standard used in determining the liability of a common carrier when harm befalls property that is the subject of a bailment placed in the care of the carrier?

Correct AnswerverifiedShow Answer

Which of the following was the result in Campbell v. Robinson, the case in the text in which the plaintiff claimed that the defendant wrongfully refused to return an engagement ring when the marriage was cancelled?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified
Cindy is incorrect because in order to t...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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