Deck 5: Law Business

Question 1

What is the order of steps taken to re-establish a boundary?
I. Field investigation
II. Perpetuation
III. Research
IV. Evidence evaluation

A)I, II, III, IV
B)I, III, IV, II
C)III, IV, I, II
D)III, I, IV, II

Answer 1

III, I, IV, II

Question 2

Which of the following is an example of a rebuttable presumption?

A)Undisturbed monument
B)Corner location described in original field notes
C)A corner location based on evidence evaluation
D)None of the above

Answer 2

A corner location based on evidence evaluation

Question 3

Who originally proposed the Public Land Survey System?

A)George Washington
B)Thomas Jefferson
C)Abraham Lincoln
D)Meriwether Lewis

Answer 3

Thomas Jefferson

Question 4

A Section of land as defined by the Public Land Survey System can be described by which of the following answers?

A)1/36 of a township
B)6 square-miles
C)278,784 square feet
D)64 acres

Question 5

Which organization determines if private survey control data is included in the National Spatial Reference System (NSRS)?

A)National Geodetic Survey (NGS)
B)Bureau of Land Management (BLM)
C)United States Geologic Survey (USGS)
D)American Congress on Surveying & Mapping (ACSM)

Question 6

The term "metes and bounds" refers to which kind of description?

A)Running description
B)Bounding description
C)Answers A and B
D)None of the above

Question 7

Which of the following is a general rule followed by the Bureau of Land Management regarding the location of all public lands? I. Boundaries of the public lands, when approved and accepted, are unchangeable.
II. Original township, section, and quarter-section corners stand as the true corners which they were intended to represent whether in the place shown by the field notes or not.
III. Center lines of a section are to be straight, running from the quarter section corner on one boundary to the corresponding corner on the opposite boundary.

A)I
B)I, II
C)I, II, III
D)None of the above

Question 8

The Code of Ethics for Professional Land Surveyors dictates that the Professional Surveyor does the following if faced with a situation where the public welfare is not protected while employed as a Professional Surveyor:

A)Sever the relationship with either his employer or his client.
B)Perform the survey work in conformance with Minimum Standards for Boundary Surveys required by the local jurisdiction.
C)Perform the work and take full responsibility for any damage to the public.
D)Fully explain the situation to the client and allow the client to decide if the work should proceed.

Question 9

Which of the following is an aliquot part of a section?

A)Quarter section
B)One third section
C)One sixteenth section
D)All of the above

Question 10

Which type of business entity allows a single owner to conduct professional services, own all the assets of the business, and enjoy limited liability?

A)Limited liability partnership
B)Professional corporation
C)Sole proprietorship
D)None of the above

Question 11

What type of business partnership entity is a form of business in which two or more persons carry on business as co-owners for profit and are personally liable for all debts of the partnership?

A)General
B)Limited
C)Limited Liability
D)All of the above.

Question 12

What is the importance of the inclusion of a maximum Limit of Liability clause in a surveying contract?

A)To identify who is liable for claims arising out of services performed under the contract.
B)To establish a reasonable limit of liability for claims arising out of services performed under the contract.
C)Answers A and B
D)None of the above

Question 13

What is the value of the following disclaimer?
"Acme Surveyors assumes no responsibility for data supplied in electronic format. Such data is provided for convenience only and the recipient accepts full responsibility for verifying the accuracy and completeness of the data. The original hard copy of the data, which has been sealed and signed, shall constitute the official documents of record for working purposes. In the event of inconsistencies between the electronic data and the hard copy data, the hard copy data shall prevail."

A)Allows the digital data to be altered by others.
B)Provides protection to the Professional Surveyor and his employer if the electronic data is altered by others prior to use.
C)Answers A and B
D)None of the above

Question 14

What is the labor budget for a project lasting six weeks with the following staffing?
• Principal ($200 per hour, two hours per week, six weeks)
• Professional Surveyor ($125 per hour, 20 hours per week, six weeks)
• Field Crew ($100 per hour, 40 hours per week, four weeks)
• Administrative Support ($25 per hour, 20 hours per week, six weeks)

A)$33,400
B)$36,000
C)$36,400
D)$44,400

Question 15

Which of the following statements is NOT true with regards to Worker's Compensation?

A)Worker's Compensation is a form of insurance that provides lost wage payments and medical benefits to employees who are injured while on the job.
B)Employees receiving worker's compensation have the right to sue their employer for negligence under the common law.
C)Worker's Compensation programs are administered on a state-by-state basis.
D)None of the above

Question 16

The SW quarter of the NE quarter of the NW quarter of a normal section contains how many acres?

A)10
B)40
C)80
D)160

Question 17

Land descriptions are used to describe:

A)Personal property
B)Private property
C)Real property
D)Imaginary property

Question 18

Which of the following are examples of the main types of boundary disputes?

A)Encroachment, trees, easements
B)Trees, easements, driveways
C)Easements, driveways, fences
D)All of the above

Question 19

Fill in the blank: A _____ is the legal term for the sum total of legally recognized rights associated with a piece of property in which a party may own either a legal or an equitable interest.

A)Trust
B)Title
C)Deed
D)Land contract

Question 20

Fill in the blank: _____ deeds are used to convey any interest in a specific piece of property that the grantor, who may or may not be identified as the legal owner, might possess.

A)Warranty
B)Property
C)Quitclaim
D)Tax

Question 21

What is the order of importance of conflicting title elements?
I. Written Intentions of Parties
II. Senior Rights
III. Right of Possession

A)I, II, III
B)II, III, I
C)III, I, II
D)III, II, I

Question 22

Most states recognize uplands as the land above which of the following?

A)Mean low-water line
B)Mean high-water line
C)Mean low-tide line
D)Mean high-tide line

Question 23

Which of the following is most likely the best source for historic deeds for adjoining properties?

A)County Clerk's Office
B)County Historical Society
C)County Treasurer's Office
D)State Library

Question 24

Which of the following can be used to identify a list of case law regarding parol evidence?

A)State statutes
B)Local ordinances
C)Court of Appeals
D)Case digest

Question 25

Which of the following statements best describes the principle of sovereign immunity?

A)The government is immune from being sued in court without its consent.
B)The government is prohibited from intervention in the rights of individuals.
C)The government is allowed to intervene in the rights of individuals when required by the consent of citizens.
D)All of the above

Question 26

Acme Surveyors charge $100 per hour for a Professional Surveyor (PS) and $75 per hour for a field crew (FC). Administrative staff hours are estimated to be 25% of PS and FC time and are charged at $25/hour. The profit rate charged is 10% on all labor. If a project is estimated to take one week of the PS's time and two weeks of the field crew's time, what is the estimated marked up labor cost?

A)$10,750
B)$11,000
C)$11,825
D)None of the above.

Question 27

Which of the following parties is a surveyor responsible for representing when he is performing a boundary survey for a client and a conflict is discovered between his client's property and an adjoining property owner?

A)His client
B)The adjoining property owner
C)Both his client and the adjoining property owner
D)No one

Question 28

Which of the following elements needed for adverse possession to result in title?
I. Possession is open for all to see.
II. Possession is permitted the by actual owner of the land.
III. Possession is continued for a set period of time or longer.
IV. Possession is hostile to actual owner of the land.

A)I, II, III
B)I, III, IV
C)I, III
D)II, III

Question 29

What is the allowable Relative Positional Precision for measurements control land boundaries on ALTA/ACSM Land Title surveys?

A)0.05 ft (or 15 mm) + 10 ppm
B)0.05 ft (or 15 mm) + 50 ppm
C)0.07 ft (or 20 mm) + 10 ppm
D)0.07 ft (or 20 mm) + 50 ppm

Question 30

Which of the following federal legislation concerns the employment of illegal aliens?

A)Immigration Reform and Control Act
B)Fair Labor Standards Act
C)Davis-Bacon Act
D)None of the above

Question 31

Which of the following federal agencies requires that field surveyors take precautions to ensure all work is conducted in a safe and healthful manner in accordance with a Code of Safe Surveying Practices?

A)National Geodetic Survey
B)U.S. Environmental Protection Agency
C)Federal Highway Administration
D)None of the above

Question 32

A year-end audit conducted for an engineering firm provided the following information. What is the firm's approximate facility capital cost of money (FCCM) on a direct labor basis?
Item Cost ($)
Direct Labor 6,234,668
Allowable fringe benefits 3,233,889
Allowable general overhead 8,444,444
Facility cost of capital (FCCM) 190,000

A)32.81%
B)16.2%
C)3.0%
D)None of the above

Question 33

A year-end audit conducted for an engineering firm provided the following information. What is the firm's calculated overhead rate?
Item Cost ($)
Direct Labor 6,234,668
Allowable fringe benefits 3,233,889
Allowable general overhead 8,444,444
Facility cost of capital (FCCM) 190,000

A)112%
B)156%
C)187%
D)None of the above.

Question 34

When conducting a Right of Way survey, it is important to consult exististing record data. Which of the following is NOT considered a credible source of land record data?

A)Bureau of Indian Affairs
B)County Surveyor's Office
C)Utility Companies
D)Private homeowners
E)Historical Societies