Question 1

No bailment has been formed if a student leaves a book bag in class by accident and the professor takes possession to safeguard the bag.

Accepted Answer

The focus of bailment relationships is intent. The professor became a bailee when he or she took intentional possession of the bag.

Question 2

Zoning laws apply to types and locations of physical structures but not to aesthetic characteristics such as color and exterior design.

Accepted Answer

Zoning ordinances may impose aesthetic requirements concerning color and exterior design.

Question 3

In a bailment for the sole benefit of the bailor, the bailee owes a very high duty of care.

Accepted Answer

In a bailment for the sole benefit of a bailor, the bailee owes only a slight duty of care while the object is in the bailee's possession, but in a bailment for the sole benefit of the bailee, such as where the bailee has borrowed the object, the bailee owes a very high duty of care.

Question 4

Mike repaired Rosie's car and Rosie refused to pay the bill. Mike was still in possession of the car and therefore could claim a mechanic's lien on the car.

Accepted Answer

A mechanic's lien arises only when someone contributes materials and/or services to real estate.

Question 5

Zoning ordinances are implemented through a state or local government's police powers.

Accepted Answer

Through their exercise of the police powers, states and local governments protect the public health, safety, morals, and general welfare. It is under the police powers that a major governmental regulation of land use, zoning, takes place.

Question 6

The right of redemption allows a mortgagor, before foreclosure, to get back land upon payment of the full amount of the debt.

Accepted Answer

The right of redemption allows a mortgagor, before foreclosure, to get back land upon payment of the full amount of the debt.

Question 7

Property ownership helps generate prosperity by establishing the conditions necessary for capital formation.

Accepted Answer

Property helps generate prosperity by establishing the conditions necessary for capital formation, which refers to that quality of resources that produces new or different resources.

Question 8

Property is the legal right to exclude others from resources that are originally possessed or are acquired without force, theft, or fraud.

Accepted Answer

Property is the legal right to exclude others from resources that are originally possessed or are acquired without force, theft, or fraud.

Question 9

A purchase money security interest creates a perfected interest without the need to put a document on public record.

Accepted Answer

A purchase money security interest is perfected by attachment alone.

Question 10

A buyer in an ordinary course of business has priority over a perfected security interest.

Accepted Answer

A buyer in the ordinary course of business will have priority over a perfected security interest. For example, if the seller of the printing machinery is a manufacturer of that machinery and is selling in the ordinary course of business, a buyer would take the machinery free and clear of a bank's previously perfected security interest.

Question 11

Common carriers are not responsible for acts of God or of public enemies.

Accepted Answer

Common carriers are also not responsible for acts of God or of public enemies, the acts of the bailor in failing to package properly, defects in the packaged object itself, or acts of the public authority.

Question 12

Through the government's power of eminent domain, it can take private property for "public use," upon the payment of "just compensation."

Accepted Answer

Eminent domain exists specifically to limit the exclusive right of property in order to serve the common good by allowing the government to take away property-protected resources from owners.

Question 13

Upon the death of a joint tenant, his interest automatically transfers to the other tenants.

Accepted Answer

Joint tenants, but not tenants in common, can have the right of survivorship. This right means that if one of the joint tenants dies, the remaining tenant becomes the sole owner of the entire resource.

Question 14

House-sitting would be an example of a bailment because you are in temporary possession of someone's house with the intention to return full possession to the owners upon their return.

Accepted Answer

Bailments are situations where an owner puts an object protected by personal property into the intentional possession of another person with the understanding that the other person must return the object at some point or otherwise dispose of it.

Question 15

The women in the house next to you party all the time and keep you up most nights. They are creating a public nuisance.

Accepted Answer

Any unreasonable use of one's property so as to cause substantial interference with the enjoyment or use of another's land establishes a common law private nuisance.

Question 16

Easements by prescription pertain only to land around hospitals.

Accepted Answer

Once an easement by prescription arises, the titleholder cannot now use the land in such a way to prevent the easement holder from crossing it, and the easement holder can legally exclude a titleholder from trying to prevent passage.

Question 17

A fee simple absolute represents restricted, limited ownership of personal property.

Accepted Answer

The fee simple absolute estate has no limitations or conditions attached.

Question 18

Indirect taxes like the progressive income tax are authorized by the Bill of Rights.

Accepted Answer

Because the Supreme Court ruled that Article 1, Section 8, did not authorize indirect taxes, like the progressive income tax, the Constitution was amended in 1913 by the Sixteenth Amendment, which permits such taxes.

Question 19

Ken is having a bad morning. He has to go to work and can't find his car keys. After searching for 20 minutes, he finds them in the pocket of the jeans he wore the previous day. The keys would have been considered lost until he found them.

Accepted Answer

The law distinguishes things that have been lost from things that have simply been mislaid. The difference in the way the law treats these two situations is based on an assumption that the original owner will know where to come back and reclaim mislaid things.

Question 20

Private property is a system of law under which the state recognizes and enforces an individual's rights to acquire, possess, use, and transfer scarce resources.

Accepted Answer

Private property is a system of law under which the state recognizes and enforces an individual's rights to acquire, possess, use, and transfer scarce resources.

Quiz 7: The Property System

No bailment has been formed if a student leaves a book bag in class by accident and the professor takes possession to safeguard the bag.

Zoning laws apply to types and locations of physical structures but not to aesthetic characteristics such as color and exterior design.

In a bailment for the sole benefit of the bailor, the bailee owes a very high duty of care.

Mike repaired Rosie's car and Rosie refused to pay the bill. Mike was still in possession of the car and therefore could claim a mechanic's lien on the car.

Zoning ordinances are implemented through a state or local government's police powers.

The right of redemption allows a mortgagor, before foreclosure, to get back land upon payment of the full amount of the debt.

Property ownership helps generate prosperity by establishing the conditions necessary for capital formation.

Property is the legal right to exclude others from resources that are originally possessed or are acquired without force, theft, or fraud.

A purchase money security interest creates a perfected interest without the need to put a document on public record.

A buyer in an ordinary course of business has priority over a perfected security interest.

Common carriers are not responsible for acts of God or of public enemies.

Through the government's power of eminent domain, it can take private property for "public use," upon the payment of "just compensation."

Upon the death of a joint tenant, his interest automatically transfers to the other tenants.

House-sitting would be an example of a bailment because you are in temporary possession of someone's house with the intention to return full possession to the owners upon their return.

The women in the house next to you party all the time and keep you up most nights. They are creating a public nuisance.

Easements by prescription pertain only to land around hospitals.

A fee simple absolute represents restricted, limited ownership of personal property.

Indirect taxes like the progressive income tax are authorized by the Bill of Rights.

Ken is having a bad morning. He has to go to work and can't find his car keys. After searching for 20 minutes, he finds them in the pocket of the jeans he wore the previous day. The keys would have been considered lost until he found them.

Private property is a system of law under which the state recognizes and enforces an individual's rights to acquire, possess, use, and transfer scarce resources.