Blaw 26

Most people think of property as something you possess ("a thing"), such as a house, car or painting but, in reality, property only gives you an "interest" in a thing
True/False

Property law has to do with a relationship between the person and the thing that is owned.

Answers:
True
False

In a tenancy in common, the interests are undivided.

Answers:
True
False

A fixed-term tenancy is created when property is leased for a specified period of time.​

Answers:
True
False

With a tenancy at will, either party can terminate the tenancy without notice.​

Answers:
True
False

What is the
term for a deed that contains no express warranties?

Answers:
A bargain and sale deed
A quitclaim deed
A warranty
deed
A deed of
trust

Jan lives in Ken's mountain cabin without paying rent. This is​

Answers:
​a periodic tenancy.
​a tenancy at will.
​an illegal tenancy.
​a fixed-term tenanc

In which of
the following situations could a quitclaim deed NOT be used?

Answers:
To convey title
To release a nominal real estate interest
To warrant
that a title is valid
To remove a cloud on title

Chris owns the land on which Downwind Farm is situated, plus the farmhouse, barn, and other structures permanently attached to the land. Chris's brother Elvin owns everything else on the farm-implements, seed, and livestock. The real property is owned by​

Answers:
​Downwind Farm.
​Chris only.
​Elvin only.
Chris and Elvin.​

In every leasehold estate, the tenant has an unqualified right to exclusive possession.​

Answers:
True
False

To be valid, a deed must contain a legally sufficient description of the land.​

Answers:
True
False

A quitclaim deed offers the most protection against defects in the title.​

Answers:
True
False

Surface and subsurface rights cannot be separated.​

Answers:
True
False

Roy and Sally take title to a Tacos Caliente restaurant in such a way that if one dies, the other will be the sole owner. They own the restaurant as​

Answers:
​joint tenants.
​co-owners in fee simple.
​co-owners of a life estate.
​tenants in common.

The seller conveyed a quitclaim deed to
the buyer. Upon receipt of the deed,
the buyer may be certain that

Answers:
the seller owned the property.
there are no encumbrances against the property.
the buyer now owns the property subject to certain claims of the seller.
all of the seller's
interest in the property, if any, belongs
to the buyer.

A person who acquired ownership that can be inherited, with the provision that the land must always be used for recreational purposes, has which of the following?

Answers:
Fee simple estate
Condition fee estate
Restricted estate
Estate that cannot be sold

T/F
Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

T/F
Under the exhaustion doctrine, a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

T/F
The Administrative Procedure Act does not apply to a particular agency procedure.

T/F
Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

T/F
Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

T/F
Like statutory law, administrative law is created by legislatures.

T/F
An administrative agency can issue an interpretive rule to indicate how the agency plans to interpret its statutory authority.

The U.S. Fish and Wildlife Service utilizes notice-and-comment rulemak-ing. This involves a period during which
A.)judges, legislators, and the president are asked about a proposed rule.
B.)potential violators of a proposed rule are notified and publicized.
c.)the administrators "notice" a problem and "comment" on it.
D.)the public is asked to comment on a proposed rule.

Nemo's Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by

A.) the U.S. Department of the Treasury, through a legislative rule.
B.) the courts, through the adjudicatory process.
C.) Congress, through enabling legislation.
D.) the U.S. Constitution, through the tax and spend clause.

Which of the following are purposes of enabling/enacting statutes?

A.) to establish a new administrative agency
B.) to establish an agency's powers
C.) to set out the detailed rules of law the agency is to enforce
D.) all of the above

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of

A.) the Constitution.
B.)procedural requirements.
C.)the facts and the law.
D.) the agency's authority.

Which of the following statements is true about administrative hearings?

A.) The hearing is very formal and follows the Federal Rules of Civil Procedure.
B.) There are no limitations on the types of evidence that are admissible.
C.) Most administrative hearings are less formal then a court hearing and are non-adversarial.
D.) all of the above

Playground Equipment, Inc., is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by

A.) the Federal Trade Commission, through the rulemaking process.
B.) the president, through an executive order.
C.) Congress, through enabling legislation.
D.) the U.S. Department of Labor, through a final order.

The principle that each branch of government should be limited to the area assigned to it by the Constitution is called

A.) delegation of authority.
B.) separation of powers.
C.) due process.
D.) Checks & Balance.

The Merit Systems Protection Board issues a rule. Like other adminis-tra-tive agencies' "legislative rules," this rule is as
A.) binding as a law passed by Congress.
B.) persuasive as an expert's opinion.
C.) suggestive as a newspaper's editorial.
D.) unenforceable as a salesperson's puffery

T/F
Enabling (delegation) statutes from the Legislature set out the detailed rules and regulations of how administrative agencies are to operate and enforce regulations.

T/F
The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

Which of the following are agency actions that courts may reverse (set aside) under the APA?

A.) actions that exceed the authority given to the agency by the enabling statute.
B.) agency decisions with findings of fact unsupported by testimony and record.
C.) agency actions were arbitrary and capricious.
D.) all of the above.

The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be

A.) a negotiated settlement.
B.) a trial and an appeal to a higher authority.
C.) a trial and the dissolution of the business.
D.) a trial and a fine.

The U.S. Citizenship and Immigration Service issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in

A.) the United States Code.
B.) the Federal Rules of Civil Procedure.
C.) the Code of Federal Regulations.
D.) the Administrative Register of the Federal Government.

Which of the following are purposes of enabling/enacting statutes?

A.) to establish a new administrative agency
B.) to establish an agency's powers
C.) to set out the detailed rules of law the agency is to enforce
D.) all of the above

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

A.) a special conference with the president of the United States.
B.) a meeting with Congress's FOIA subcommittee.
C.) a federal district court.
D.) a hearing before the U.S. Freedom of Information Agency.

T/F
All federal government agencies must make their records available electronically on the Internet.

T/F
Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

T/F
Administrative agencies cannot make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes.

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites. The first step is

A.) conduct an on-site inspection.
B.) solicit public comment.
C.) publish a notice of the proposed rulemaking.
D.) compile the rule with others in the Code of Federal Regulations.

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue

A.) a formal complaint.
B.) a subpoena.
C.) a rule for parol evidence.
D.) an order for specific performance

Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home Care will be required to appear at a hearing presided over by

A.) an administrative law judge.
B.) a U.S Marshal.
C.) a federal district court judge.
D.) a federal appellate court judge

Freight Transport Company is subject to a decision by the National Labor Relations Board. Freight Transport appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

A.) justifiably changed the agency's prior policy.
B.) followed a consideration of legally appropriate factors.
C.) was plainly contrary to the evidence.
D.) was accompanied by a rational explanation.

Beck seeks information about Donatello and other well-known businesspersons under the Freedom of Information Act. To obtain the information, Beck must

A.) agree not to reveal any trade secrets.
B.) have the businesspersons' permission.
C.) reasonably describe the information.
D.) get a court order.

Anheuser-Bush, an American corporation, and InBev, a Belgian corporation, finalized a multibillion-dollar merger to form the largest beer company in the world. Anheuser-Bush and InBev, prior to the merger, each sold beer in many countries around the world, including both Belgium and the United States. This merger is best described as a:

A.) vertical merger.
B.) horizontal merger.
C.) conglomerate merger.
D.) congeneric merger.
E.) product market extension merger.

Assume that Iams and Purina executives get together and decide to charge a certain set price for their lamb and rice dog food. This would be an example of:

A.) a vertical restraint of trade.
B.) a horizontal restraint of trade.
C.) a violation of the Clayton Act.
D.) a violation of the antitrust exemption.

For a seller's pricing to be considered predatory conduct, there must be proof that:

Answers:
A.) the seller was selling the product at a price below the cost price.
B.) the prices were intended to drive competitors out of business followed by the wrongdoer recouping these initial losses.
C.) the prices were significantly lower than those of all competitors within the same product group.
D.) the buyers were unwilling to buy the product at the seller's prices, and only bought the product from a lack of choice.
E.) the buyer had other options in the same product line available in different price ranges.

Game designers Troy and Jeff design a new computer game system, and it is manufactured and sold by their company, GameTech. The game system they devise uses new technology that they have created and far exceeds the capabilities of any current gaming systems. It is also so simple to manufacture that they can do so at a very minimal cost. When it hits the market it is so much better and cheaper than the "competition" that they all end up either in bankruptcy or simply withdrawing their products from the market. GameTech's system is now the only gaming system on the market.

Answers:
A.) GameTech is guilty of engaging in predatory conduct.
B.) GameTech has a monopoly which violates the Sherman Act.
C.) GameTech has a monopoly which does not violate the Sherman Act but violates the Clayton Act.
D.) GameTech has a monopoly which does not violate either the Sherman or Clayton Act
E.) GameTech is guilty of variable pricing.

T/F
If two competing businesses selling the same product agree to set prices on that product, the businesses have committed a per se offense under the Sherman Act.

T/F
The Clayton Act prohibits mergers and acquisitions where the effect may be substantially to lessen competition, or to tend to create a monopoly.

T/F
The Commerce Clause gives rise to the federal government's power to regulate business activity.

T/F
The Federal Trade Commission Act was written with a clear and specific definition of what constituted "unfair methods of competition" to provide the FTC with a clear vision to determine when a violation occurred.

T/F
The Federal Trade Commission is an independent administrative agency charged with keeping competition free and fair through the enforcement of the Sherman Act.

T/F
The Sherman Act outlaws every contract, combination, or conspiracy in restraint of trade, and any monopolization, attempted monopolization, or conspiracy or combination to monopolize.

T/F
The Sherman Act regulates monopolies after they are formed, but does not regulate mere attempts to monopolize.

The federal antitrust laws are primarily enforced by:

Answers:
A.) the Department of Justice.
B.) the Treasury Department.
C.) the Office of the Mint.
D.) the Office of Budget and Management.

The purpose of the Sherman Act was to:

Answers:
A.) preserve fair competition.
B.) legalize monopolies.
C.) create trusts.
D.) restrict competition.
E.) legalize trusts.

T/F
The word "antitrust" dates from the late 1800s, when powerful companies dominated industries, working together as "trusts" to stifle competition.