Each party in a lawsuit files initial papers, known as "pleadings." The pleadings explain each party's side of the dispute.
2 of 25 - In a typical civil case, the burden of proof is on the
judge.
officer of the court.
defendant.
plaintiff.
You answered correctly
3 of 25 - All of the following are types of monetary damages EXCEPT
restitution.
passive.
compensatory.
nominal.
You answered correctly
4 of 25 - The law enforces promises through
monitoring our daily activities.
the use of contracts.
the preservation of order.
setting standards.
You answered correctly
5 of 25 - What is another term given to case law?
State law
Common law
Property law
Civil law
You answered correctly
6 of 25 - Which of the following is NOT an important source of law in the United States?
International law
United States Constitution
Local ordinances
Rulings of federal, state, and local agencies
You answered incorrectly
Important sources of law in the United States include the U.S. Constitution; federal laws and statutes; state constitutions; state laws and statutes; local ordinances; rulings of federal, state and local agencies; and court decisions. International laws is a very small source of law in the U.S.
7 of 25 - During jury selection, parties may not use preemptory challenges because of an individual's
bias.
race.
age.
economic status.
You answered correctly
8 of 25 - Which federal court reviews IRS rulings?
U.S. Tax Court
Claims Court
U.S. Bankruptcy Court
Appeals Court
You answered correctly
9 of 25 - It is key for agents to learn about the laws because
they need to be able to memorize them.
they should be able to give their clients legal advice.
they have too many laws that apply to their transactions.
they need to know the origination and support for those rules.
You answered correctly
10 of 25 - What kind of appeal cases go straight to the California Supreme Court?
Civil
Murder
Death penalty
Fraud
You answered incorrectly
Death penalty appeals and disciplinary cases involving lawyers and judges are not heard in the court of appeal. They go directly to the Supreme Court.
11 of 25 - Which body of law is designed to protect the public from harm?
Personal Property law
Civil law
Criminal law
Tort law
You answered correctly
12 of 25 - Which of the following is NOT a purpose of laws in our society?
To make associations between individuals and governments
To set standards
To settle disputes
To safeguard liberties and rights
You answered incorrectly
"The law has many purposes in our society. Laws set standards, preserve order, settle disputes, and safeguard liberties and rights."
13 of 25 - In a civil case, the primary goal is to compensate the injured party for the damage done to him or her by
establishing a case precedent.
awarding either a legal remedy or equitable remedy.
not providing an equitable remedy.
requiring a specific performance from the plaintiff.
You answered correctly
14 of 25 - Which state court is known as the "people's court?"
Family Court
Small Claims Court
Court of Appeals
District Court
You answered incorrectly
A small claims division, often known as the “People’s Court” is a user-friendly court where litigants try their cases without an attorney in cases involving $5,000 or less.
15 of 25 - In the United States, the primary source of the law comes from
civil law.
statutes.
case precedents.
state regulations.
You answered correctly
16 of 25 - Mary and Ben were having a dispute over an employment contract. They agreed to allow a third party to listen to their issues and help them come to a resolution. This is a description of what type of dispute resolution?
Arbitration
Litigation
Mediation
Estoppel
You answered correctly
17 of 25 - Which of the following is not an equitable remedy?
Declaratory Reset Action
Rescission
Quiet title
Foreclosure
You answered correctly
18 of 25 - In a civil case, the party bringing suit for injury is called the
plaintiff.
attorney.
defendant.
judge.
You answered correctly
19 of 25 - Rules and regulations enacted by various federal agencies are important to real estate because
they are laws passed by congress.
many are listed in the constitution.
several of the agencies involve housing and/or financial transactions.
they are considered guidelines rather than laws.
You answered incorrectly
There are numerous federal laws that impact real estate. These laws are important because several of the agencies involve housing and/or financial transactions.
20 of 25 - Certain amendments will be of particular interest to real estate professionals because
they discuss real estate transactions.
they impact property rights.
everyone should know the amendments.
they explain implied powers.
You answered incorrectly
Some amendments impact property rights and are of particular interest to real estate professionals.
21 of 25 - The Bill of Rights protects the rights of individuals by
dividing power into three main branches.
laying out the organization and powers of the federal government.
making sure all laws agree with the US Constitution.
limiting government power.
You answered correctly
22 of 25 - What does not occur during a pre-trial conference?
A trial plan is prepared.
Attorneys and parties will revisit the financial costs and unpleasantness of going to trial.
Parties may or may not consider settlement.
The court enters a pre-trial order.
You answered incorrectly
After the conference, the court will enter a pretrial order that recounts the action taken at the conference and controls the course of the trial.
23 of 25 - In the Uniform Commercial Code, negotiable instruments are all of the following EXCEPT
cash.
promissory notes.
drafts.
checks.
You answered incorrectly
Negotiable instruments do not include cash.
24 of 25 - The individual state's common laws of torts and contracts are unique because
they are the same as federal contract laws.
they can be enforced on a federal or state level.
the powers of these belong exclusively to the state.
they are considered universal.
You answered incorrectly
State laws or statutes belong exclusively to the states and not to the federal government.
25 of 25 - Another name for common law, which is the overall accumulation of judicial decisions is what?
