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Q:
The judicial power of the federal courts is defined and limited by the U.S. Constitution.
Q:
Given the following information, compute the effective tax rate for the particular piece of property in percentage terms. Market value of property: $325,000, Assessed value of property: $250,000, Exemptions: $50,000, Taxes paid: $5,363.
A. 1.50%
B. 2.35%
C. 1.65%
D. 2.68%
Q:
In most states a jury's decision must be unanimous. What is the rational behind such a requirement?
Q:
Tax rates are usually stated in mills. Assuming the tax rate in percentage terms is 6.5%, convert this rate to mills.
A. 0.065 mills
B. 6.5 mills
C. 65 mills
D. 650 mills
Q:
According to Benjamin Cardozo, what are the forces that shape the progress of the law?
Q:
Why do judicial restraint jurists have a deep commitment to precedent?
Q:
Given the following information, compute the property tax rate for the community in percentage terms. Total budget expenditures: $108 million, Total non-property tax income: $50 million, Total assessed value of all properties: $2 billion, Total exemptions: $550 million.
A. 2.5%
B. 4.0%
C. 10.0%
D. 12.0%
Q:
What is judicial review? How did it originate and what was the rational for its existence?
Q:
Nearly half of states in the U.S. use the sale of tax lien certificates to manage defaulted property taxes. The certificates are auctioned to the public at:A. the face value of the property taxes dueB. the assessed value of the homeC. a discount from the face value of the property taxes dueD. a premium of the assessed value of the home
Q:
Trial by jury is a Constitutional right that presents some very difficult issues when complex and complicated issues and cases arise. What are some of these issues?
Q:
In efficient financial markets, unregulated competitive bidding should bring about the most productive use of an asset and the price paid for that asset should reflect fair value based on its usefulness. In real estate, this is not always the case. For example, there is no substitute for certain pieces of land which gives the owner a bargaining advantage in determining the value of the land. This feature of real estate markets is commonly referred to as:
A. incomplete information
B. locational monopoly
C. positive externality
D. negative externality
Q:
In the history of eminent domain, the Kelo v. New London, Connecticut decision of the U.S. Supreme Court in 2005 affirmed the possibility of a community being:
A. Prohibited from using eminent domain.
B. Restricted to use of eminent domain only for actual government (public) land uses.
C. Able to use eminent domain to acquire property for private development if it serves public purpose and the current land use is blighted.
D. Able to use eminent domain to acquire property for private development if is serves public purpose even if the current land use is not blighted.
Q:
Describe the functions and capacities that a lawyer serves in the legal system.
A lawyer serves in three capacities: counselor, advocate and public servant. As a counselor, the lawyer must gather personal information about their client and then advise their client as to proper courses of action. As an advocate, the lawyer must represent their client zealously but within the law and as a public servant, the lawyer must work within the legal system and support federal law as well as the state law of their jurisdiction.
Q:
With regard to state court decisions, what is the extent of federal jurisdiction in these matters?
Q:
Traditional zoning regulations are criticized for often being too rigid in forcing uniform types of development. One proposed solution to this issue allows traditional zoning requirements to vary in exchange for an enhancement to the community, such as the construction of a park. This is more commonly referred to as a:
A. Planned unit development
B. Performance standard
C. Impact fee
D. Growth restriction
Q:
Congratulations!!! You have just been sworn in as a member of your states highest
Q:
Eminent domain is the right of government to acquire private land, without the owner's consent, for public use, with due process and just compensation. The legal procedure for exercising the right of eminent domain is referred to as:
A. Growth restriction
B. Urban sprawl
C. Blighted development
D. Condemnation
Q:
A public planning movement that explicitly advocates a cul-de-sac hierarchy of development, an automobile oriented society, and separated land use is more commonly referred to as:
A. urban sprawl
B. urban service area
C. traditional residential planning
D. new urbanism
Q:
Why is there a strong trend among states to require jury duty?
Q:
Zoning ordinances that tend to exclude lower income groups by large lot size, or that do not adequately provide low- and moderate-income housing are referred to as:
A. special uses
B. nonconforming uses
C. conforming uses
D. exclusionary uses
Q:
How do trial judges and appellate judges differ?
Q:
In the state of Florida, for example, homeowners may qualify for a tax exemption in which up to $50,000 will be deducted from the assessed value of the property before taxes are calculated as long as the property owner occupies a home as the family's principal residence
and has claimed residency within the state. This exemption is better known as the:
A. ad valorem exemption
B. affordable housing exemption
C. growth moratorium
D. homestead exemption
Q:
Ratio decidendi refers to:A.The underlying principle of the case.B.Stare decisis.C.Narrow-tailoring.D.Justifying the amount of a verdict in relation to the injury.
Q:
One of the main criticisms of property taxes is that the property tax of lower income households is higher than that of higher income households, as a percentage of their respective incomes. In other words, taxes are criticized for being:
A. regressive
B. comprehensive
C. concurrent
D. extraterritorial
Q:
Parties to litigation are entitled, as a matter of right, to ________ appeal(s) of their case by a higher court.
A.0.
B.1.
C.2.
D.They are entitled to as many as they want and can pay for.
Q:
Special assessments are levied to pay for specific improvements that benefit a particular group of properties. All of the following characteristics of special assessments are true EXCEPT:
A. They are considered ad valorem taxes.
B. They are applied as pro rata charges.
C. They are levied directly on the properties benefited.
D. They are commonly used to finance streets, storm water systems, sidewalks, and other area improvements.
Q:
The U.S. Supreme Court normally resolves cases involving:
I. Major constitutional issues.
II. Interpretations of federal law.
III. Interpretations of state law.
A.I only.
B.I and II.
C.I and III.
D.II and III.
Q:
A developer plans to place a subdivision slightly outside the city limits in an area that is rapidly developing. However, the city claims to have the right to control urban development even in the proposed area. The right the city is attempting to invoke is referred to as:
A. extraterritorial jurisdiction.
B. urban service area.
C. comprehensive plan.
D. growth constraint.
Q:
What percent of petitions for leave to appeal and/or petitions for certiorari are granted?
A.Less than 5%.
B.5-10%.
C.11-15%.
D.More than 15%.
Q:
Real estate taxes represent the largest single source of revenue for a large portion of local governments. Most property taxes are applied in relation to the value of the property, or in other words, they are:
A. effective tax rates
B. ad valorem taxes
C. tax-exempt
D. regressive
Q:
Who stated that "the life of the law has not been logic; it has been experience"?
A.Justice Benjamin Cardozo.
B.Justice Ruth Ginsburg.
C.George Washington.
D.Justice Oliver Wendell Holmes.
Q:
All of the following statements are true in describing the determination of just compensation EXCEPT:
A. The value of the property is based on its highest and best use at the time.
B. The value of the property is determined solely by its current use.
C. The value is the amount that restores the property owner to a financial position equivalent to that existing before the property was taken.
D. The value is the market value of the property if completely taken, or the total value of all financial loss if partially taken.
Q:
New Supreme Court justices are:
A.Named and appointed by the President who has exclusive power to do so.
B.Named and appointed by the President with the advice and consent of the House of Representatives
C.Named and appointed by the President with the advice and consent of the Senate
D.Named and appointed by the President with the advice and consent of the Congress.
Q:
The right of government to acquire private property, without the owner's consent, for public use in exchange for just compensation is referred to as:
A. inverse condemnation
B. regulatory taking
C. eminent domain
D. dedication
Q:
A corporation's "citizenship" is recognized by the courts as:
A.The state in which it is incorporated.
B.The state in which it maintains its principle place of business.
C.Either a or b.
D.Either a or b only if specified in the corporation's bylaws or constitution.
Q:
A major problem in buildings constructed prior to the early 1970's, which of the following environmental hazards commonly associated with insulation has been the focus of costly
cleanups at many public buildings, especially schools?
A. Asbestos
B. Radon
C. PCBs (Polychlorinated biphenyls)
D. LUSTs (leaking underground storage tanks)
Q:
Justice John Harlan, in his dissenting opinion in Republic v. Sims said each of the following except:
A.The constitution is not a panacea for every blot on public welfare.
B.The sacred duty of the court is to right wrongs and should take the lead if the other branches of government fail to act.
C.The court does not serve its high purpose when it exceeds its authority.
D.The court should not be thought of as a general haven for reform movements.
Q:
Negative externalities can diminish a property's value by imposing costs on the community at large. In order to offset this detrimental impact, economists advocate "internalizing" these externalities by implementing:
A. performance standards
B. impact fees
C. growth moratoriums
D. planned unit developments
Q:
The federal courts have original jurisdiction over all of the following matters except:
A.Questions of federal law.
B.Suits between citizens of the same state.
C.Controversies among the states.
D.When the U.S. is a party.
Q:
State and federal control of land uses has increased greatly over the past 40 years due in part to an increased awareness of environmental hazards. Which of the following federal environmental control laws was responsible for establishing the "Superfund" to finance emergency responses and cleanups of abandoned and unregulated waste dumps?
A. Clean Water Act
B. Resource Conservation and Recovery Act
C. Toxic Substances Control Act
D. Comprehensive Environmental Response Compensation and Liability Act
Q:
In what court are issues such as landlord-tenant disputes generally decided?
A.Appellate.
B.Supreme.
C.Small claims.
D.Certiorari.
Q:
A traditional zoning ordinance includes all of the following EXCEPT:
A. Minimum setback requirements
B. Minimum lot dimensions
C. Provisions for special use districts
D. Performance standards
Q:
Every year, seven to eight thousand petitions are filed in the U.S. Supreme Court from parties seeking review. In the 2006-2007 term, the court agreed to hear ________ cases.
A.75.
B.80.
C.175.
D.180.
Q:
In order for the board of adjustment to approve a variance, all of the following conditions must be met EXCEPT:
A. The owner must be unable to use the lot as zoned.
B. The condition is common to other parcels of land in the vicinity
C. The variance must not materially change the character of the neighborhood.
D. The condition is unique to the lot.
Q:
The ________ jury is the trial jury that returns a verdict.
A.Grand.
B.Appellate.
C.Petit.
D.Small-claims.
Q:
When land use controls impose exceptional hardship and loss of value, a relief mechanism must be provided. This relief is referred to as a:
A. building code
B. zoning ordinance
C. comprehensive plan
D. variance
Q:
Assume the same facts as question #47 above except that Josh lives in Delaware and Shiela lives in New Jersey. Which court(s) may she file her initial lawsuit in?
I. State trial court
II. State appellate court
III. Federal district court
A.I only.
B.I and II.
C.I and III.
D.III only.
Q:
When a zoning ordinance is revised, some existing land uses then fall outside the new zoning classification. These land uses are referred to as:
A. special uses
B. nonconforming uses
C. conforming uses
D. exclusionary uses
Q:
Josh and Shiela are neighbors and one morning they have a motor vehicle accident. Amanda is severely injured and has $95,000.00 worth of medical and property damages. She believes that the accident was Josh's fault and she wishes to sue. Which court(s) may she file her initial lawsuit in?
I. State trial court
II. State appellate court
III. Federal district court
A.I only
B.I and II.
C.I and III.
D.III only.
Q:
Which of the following tools of public land use control represents the earliest method of police power to regulate land use? (Hint: Standards for energy efficiency and sustainability are the most recent trends in the application of this land use control)
A. Subdivision regulation
B. Zoning
C. Building Codes
D. Planned Unit Developments
Q:
Each of the following Supreme Court Justices is considered a judicial activist except:
A.Justice Clarence Thomas.
B.Justice Anthony Kennedy.
C.Justice John Paul Stevens.
D.Justice Steven Breyer.
Q:
A contemporary planning movement that explicitly advocates a traditional grid pattern of development designed to give pedestrian life priority over motor vehicles (e.g., including narrowed streets with houses close to the street and garage access through side alleys) is commonly referred to as:
A. urban sprawl
B. urban service area
C. traditional residential planning
D. new urbanism
Q:
Which of the following is not a typical judicial activist decision?
A.Public defenders cannot be fired due to political affiliation.
B.Residence requirements for public assistance, violates equal protection.
C.State and local employers are subject to the Fair Labor Standards Act.
D.The Pledge of Allegiance is unconstitutional due to its reference to God.
Q:
Growth management laws at the state level require local jurisdictions to plan for and meet certain requirements. One such requirement prohibits local development unless adequate infrastructure, schools, police/fire protection, and social services have been put in place first. This requirement is referred to as the:
A. economic and environmental impact requirement
B. concurrency requirement
C. affordable housing requirement
D. extraterritorial jurisdiction requirement
Q:
After a structure is built, it is impractical for even a building expert to fully assess the quality of the construction and the safety hazards it may harbor. This is an example of which of the following problems that plagues private real estate markets?
A. Externalities
B. Incomplete information
C. Locational monopoly
D. Holdout
Q:
What were the four observations made by the Spanish journal, Boletin Circulo, about business ethics?
Q:
What is meant by stakeholder theory and who are the stakeholders of a corporation?
Q:
It was not until the late 1960's that land use controls moved to the forefront of public interest, as the belief that the environment was an endless and costless resource was replaced with the notion that the world was a closed system with limited space, air, water, and other resources. Environmentalists coined which of the following terms to refer to this new point of
view?
A. Smart growth
B. The Silent Spring
C. Spaceship earth
D. Urban sprawl
Q:
Development taking place in rural areas well beyond the urban fringe is commonly referred to as:
A. urban sprawl
B. holdout
C. urban service areas
D. homestead
Q:
Even with a code of ethics, why is it important for top management in a corporation to set an example for ethical conduct?
Q:
Externalities can play an important role in determining a property's price, either by adding value through positive externalities or by diminishing value through negative externalities. Which of the following is most likely to be considered a negative externality?
A. Nearby parks and recreation facilities
B. Quality neighborhood schools
C. Public assistance facilities such as homeless shelters.
D. Well-kept landscapes.
Q:
Civil rights leaders in their quest to promote civil rights and equality often held peaceful marches and non-violent sit-ins that they understood to be at times illegal. Their justification for their actions was to promote and give focus to inequities with the ultimate aim of reducing discrimination and establishing equal rights for all. Were these leaders acting ethically? Fully explain your answer citing the ethical theory you believe to apply.
Q:
Achieving and maintaining an ethical business corporation is a laudable but difficult task. What are some of the obstacles that a corporation faces, by its very nature, in seeking an ethical culture?
Q:
While most real property in the United States is privately owned, government regulations limit private property use and therefore play an important role in the determination of property value. Proponents of government intervention argue that regulation is needed to address the unintended and unaccounted for consequences of one land user upon others, more commonly referred to as:
A. incomplete information
B. locational monopoly
C. externalities
D. urban sprawl
Q:
Chapter 4 " Government Controls and Real Estate Markets
Q:
When facing an ethical dilemma, what questions should you ask yourself before making a personal or business decision?
Q:
Peter is an 84 year old man with a heart condition. He has no family and minimal health insurance. He is on a fixed income and barely has enough money to survive. His doctor tells him that he needs to take a particular medicine for three months or his condition will severely worsen. The medicine will cost $450.00 and only $150.00 of the cost is covered by insurance. Peter goes to the bank and hands the teller a note saying, "give me $300.00 or I'll detonate a bomb." When Peter is later apprehended, he told the police that he stole the money to buy needed medicine. Understanding that bank robbery is a crime, is there an ethical theory that can serve to justify Peter's actions?
Q:
In order for a deed to be a valid conveyance of property, there must be an observable, verifiable transfer of the deed to the grantee. Typically this is accomplished when the grantor hands the deed to the grantee at closing. Which of the following basic requirements of a deed does this represent?A. AcknowledgmentB. DeliveryC. Words of conveyanceD. Recital of consideration
Q:
How could a utilitarian view the tobacco industry as a positive part of society?
Q:
Consider the following excerpt from a sample deed: "The Seller covenants with The Buyer that it has a good right to convey, that the property is free from all encumbrances, and that it forever warrants to defend all of the property so granted to The Buyer against every person lawfully claiming the same." Based on your understanding of the relation between a deed's covenants and the type of deed being conveyed, which type of deed is being conveyed in the statement above?
A. General warranty deed
B. Special warranty deed
C. Deed of bargain and sale
D. Quitclaim deed
Q:
How would a formalist and a consequentialist view an employer secretly monitoring an employee's e-mail messages?
Q:
Consider the following excerpt from a sample deed: "The Seller, for itself and its heirs, hereby covenants with the Buyer, its heirs and assigns forever, that the Seller is lawfully seized in fee simple of the above described property." The underlined portion of the preceding statement represents which of the following basic requirements of a deed?
A. Habendum clause
B. Recital of consideration
C. Words of conveyance
D. Exceptions and reservations clause
Q:
Placing himself behind a wall of self-ignorance, Rawls proposed what ethical principles?
Q:
Consider the following excerpt from a sample deed: "The Seller is lawfully seized in fee simple of the above described property, less and except a prior reservation of all oil, gas and mineral rights in the property conveyed." The underlined portion of the preceding statement represents which of the following basic requirements of a deed?
A. Habendum clause
B. Recital of consideration
C. Covenant against encumbrances
D. Exceptions and reservations clause
Q:
The dominant form of consequentialism is:
A.Utilitarianism.
B.Social contract theory
C.The categorical imperative.
D.The Protestant ethic.
Q:
Which of the following covenants in a deed promises that the property will not be claimed by someone with a better claim to title?
A. Covenant of seizin
B. Covenant against encumbrances
C. Covenant of quiet enjoyment
D. Exceptions and reservation clause
Q:
Openness in communication is promoted by:
A.Role models provided by top management.
B.Periodic small group meetings to discuss ethical issues.
C.A shared corporate commitment to the ideal of ethical decision making.
D.All of the above.
Q:
Initially used to survey the Old Northwest Territory (Ohio, Indiana, Illinois, and Michigan) in 1789, which of the following methods of land description relies on townships and section numbers as essential units of identification?
A. metes and bounds
B. subdivision plat lot and block number
C. government rectangular survey
D. tax parcel number
Q:
Ethical problems that arise in corporate life:
A.Are the same concerns present in one's individual experience.
B.Always overlap with personal dilemmas.
C.Are not always present in one's individual experience.
D.Are the result of a lack of leadership.
Q:
Most often used in the description of urban property, which of the following methods of land description contains information regarding the location of various easements and may even contain a list of restrictive covenants?
A. metes and bounds
B. subdivision plat lot and block number
C. government rectangular survey
D. tax parcel number