Question 1

A gift causa mortis is a gift made in:

Accepted Answer

A gift causa mortis is a gift made in contemplation of death.

Question 2

Which of the following is the most common method of obtaining ownership of property?

Accepted Answer

The most common ways of obtaining ownership of property are by producing it or purchasing it.

Question 3

Which of the following is the most essential requirement while making a valid gift?

Accepted Answer

The most critical requirement is delivery.The donor must actually give up possession and control of the property either to the donee or to a third person who is to hold it for the donee.

Question 4

When personal property is used in conjunction with,real property in such a way as to be treated as part of the real property,it is known as a _____.

Accepted Answer

When personal property is attached to,or used in conjunction with,real property in such a way as to be treated as part of the real property,it is known as a fixture.

Question 5

Personal property is defined by a process of _____.

Accepted Answer

Personal property is defined by a process of exclusion.Personal property,if attached to the earth,becomes real property.

Question 6

Which of the following is a transfer of the right to possess and use personal property belonging to another without gaining any ownership rights?

Accepted Answer

A lease of personal property is a transfer of the right to possess and use personal property belonging to another.

Question 7

Some states have a statute that allows finders of property to clear their title to the property.These are called:

Accepted Answer

The statutes,known as estray statutes,generally provide that the person must give public notice of the fact that the property has been found,perhaps by putting an ad in a local newspaper.

Question 8

Anya leaves her expensive handbag in the washroom of a restaurant.Melissa follows her inside,quietly hides the handbag inside her coat,and leaves the washroom.She refuses to tell Anya the truth even when the former frantically starts searching for her handbag as soon as she discovers its loss.Melissa is guilty of:

Accepted Answer

If the finder of lost property knows who the owner is and refuses to return it,the finder is guilty of conversion and must pay the owner the fair value of the property.

Question 9

In which of the following cases does a finder have no rights at all to the property?

Accepted Answer

The finder cannot claim any rights to property that has been mislaid.

Question 10

Which of the following is an example of a gift inter vivos?

Accepted Answer

A gift inter vivos is a gift between two living persons.

Question 11

Amber gave her boyfriend,Hunter,an expensive set of stereo speakers for his birthday.Two days later,Hunter broke up with Amber and began dating Kelly.Amber is both heartbroken and furious.Is she entitled to get the speakers back from Hunter?

Accepted Answer

Amber made the delivery of the gift to Hunter.It is a gift that she cannot claim from him.

Question 12

When property ownership is discussed in the United States,which one of the following is true?

Accepted Answer

In the United States when we talk about property ownership,we are speaking of a bundle of rights that the law recognizes and enforces.

Question 13

Rachel was jogging when she slipped and fell on the jogging track and her diamond bracelet fell off her hand.She got and up resumed her jog,unaware of what had happened.A little later,Judy came jogging on the same track and discovered the bracelet.Which of the following is true of the case?

Accepted Answer

The bracelet is lost property and Rachel is the rightful owner.

Question 14

Dan has leased a site from Mark for a period of 2 years.Bob is interested in purchasing it and makes a great offer to him for the site.In this case:

Accepted Answer

Leasing does not give the leasee ownership rights.Hence,Dan cannot sell the site even if wants to.

Question 15

Three friends (Mr.Blue,Mr.Green & Mr.Yellow)go on a hunt for a brown bear.Mr.Blue organized the hunt.All three hunters saw a brown bear.Mr.Blue fired but missed.Mr.Yellow fired and was first to hit the bear,but only wounded the bear.Mr.Green fired and killed the bear.Who owns the dead bear?

Accepted Answer

To acquire ownership of a wild animal the person must obtain enough control to deprive the animal of its freedom.If the person fatally would a wild animal,the person becomes the owner of the wild animal.

Question 16

Which of the following is an example of personal property?

Accepted Answer

Real property is the earth's crust and all things firmly attached to it.All other objects and rights that may be owned are personal property.

Question 17

Sarah is hiking in the Clearwater National Forest and her wristwatch falls off her wrist.Sarah does not notice this,and the watch falls onto the trail.Later,Hans finds the watch.How may this watch best be described?

Accepted Answer

It is lost property because Sarah did not intend to leave her wristwatch on the trail.

Question 18

Which of the following is true of conditional gifts?

Accepted Answer

Gifts made on condition that the donee complies with certain restrictions are called conditional gifts.

Question 19

Under tariff rules,a common carrier may limit her liability to a shipper's declaration of value,provided that the rates are dependent on value.

Accepted Answer

Liability for damages not caused by the negligence of the carrier may be imposed on him by a special law or rule of law.Under tariff rules,a common carrier may limit her liability to a shipper's declaration of value,provided the rates are dependent on value.

Question 20

Jacobs put an old typewriter in the trash.The trash collector,Land,took the typewriter,fixed it up,and sold it to Jones for $750.Jacobs contends that he is entitled to some or all of the $750 that Land received from Jones.Based on these facts:

Accepted Answer

The typewriter is abandoned property and as such,Land has more rights over it than anyone else,including Jacob.

Quiz 23: Personal Property and Bailments