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Alex owns an acre of land with a house, well, and swimming
pool. Which of these item is (are) real property?
a. the house
b. the pool
c. the well
d. all of the above
2. Which of the following are likely fixtures?
a. a floor lamp
b. a painting hung on the wall with thumb tacks
c. a smoke detector
d. both A and C
3. A sales contract says, "Ann will sell Bill her home at
123 Elm Street." It has no other specifics about the property
itself. Which of the following are likely included in this contract?
a. the cabinets in the kitchen
b. the rugs in the living room
c. both A and B
d. none of the above
4. Which of the following is (are) personal property?
a. a television
b. ownership of a trademark
c. both A and B
d. none of the above
5. Fixtures may be determined based on the intent of an owner.
Which of these facts would tend to indicate intent that an item
become a fixture?
a. The item cannot be removed without damaging the structure.
b. The item has "become a part" of the reality.
c. both A and B
d. none of the above
6. Pierre rents space for a restaurant. He installs an oven, and
it cannot be removed without damaging the property. When he ends
his lease, what will happen to the oven?
a. The landlord will keep it if damage caused by removal would
be irreparable.
b. The tenant may pay for damage caused.
c. The tenant may usually remove it, and need not pay for damage
caused.
d. both A and B
7. Which of the following is the greatest property interest? (That is, which gives its holder the greatest rights over the property?)
a. fee simple absolute
b. fee simple determinable
c. life estate
d. fee simple subject to condition subsequent
8. Ann has a fee simple absolute in a piece of property. Which of the following are rights she enjoys?
a. exclusive possession
b. the ability to pass the property to heirs by will
c. the right to destroy
d. all of the above
9. Which of the following owns an undivided interest in a piece of property?
a. a joint tenant
b. a tenant in common
c. both A and B
d. none of the above
10. Which of the following may pass his property interest to heirs by will?
a. a joint tenant
b. a tenant in common
c. both A and B
d. none of the above
11. Items that move from place to place have special rules for determining ownership. Who, for example, owns a wild animal?
a. the first to pursue it
b. whoever kills it
c. the first to catch it
d. no one can own another creature. Animals are beautiful souls.
Fur is murder.
12. A, B, and C are joint tenants. C sells his interest to D. At this point, A and B are _______________, and D is _______________.
a. joint tenants; a joint tenant
b. joint tenants; a tenant in common
c. tenants in common; a joint tenant
d. tenants in common; tenants in common
13. A gift made during someone's lifetime is a(n) _______________ gift. It _______________ be supported by consideration.
a. inter vivos; must
b. inter vivos; need not
c. testamentary; must
d. testamentary; need not
14. Al hands his watch to Frank. Has a gift been given?
a. yes, if Frank accepts the gift
b. yes, if Al intended for the watch to be given
c. yes, no matter what
d. Both A and B must apply.
15. Which of the following amounts to a delivery?
a. calling someone and saying, "The money in my safe deposit
box is yours."
b. giving someone a key to a safe deposit box
c. both A and B
d. none of the above
16. To constitute a delivery, an item _______________ be passed by the gift giver, and _______________ be received by the person to whom the gift is made.
a. must; must
b. must; need not
c. need not; need not
d. need not; must
17. Dean is terrified to fly. He gives his sister a check for $25,000 and says, "I want you to have something if I die." He has made a(n) ___________ gift.
a. inter vivos
b. testamentary
c. causa mortis
d. none of the above
18. Dean is terrified to fly. He gives his sister a check for $25,000 and says, "I want you to have this if the plane goes down." In which of these circumstances will his sister get the money?
a. He dies in a plane crash.
b. He dies in a car wreck.
c. He dies of old age.
d. all of the above
19. Tony trespasses on Fred's land when Fred is out of town and builds a garage worth $5,000. What will happen to the garage?
a. Tony will be able to remove it if Fred does not pay for
it.
b. Fred will have to pay $5,000 for it.
c. Fred will have to pay a reasonable amount if he wants to keep
it.
d. Fred will be able to keep it and will not have to pay anything
for it.
20. Which of these goods are fungible?
a. corn
b. Shaquille O'Neal's sneakers after playing the Knicks
c. houses
d. both A and C
21. Al intentionally puts his corn into a silo with Manny's corn without permission. If Al cannot prove how much he put into the silo, how much will he be able to remove?
a. a reasonable amount
b. 50% of it
c. none of it
d. A court will determine a proper amount.
22. Paul parks his car at a stadium. After the game, he cannot find his car. In a legal sense, the car has been
a. lost.
b. mislaid.
c. abandoned.
d. none of the above
23. Tony drops his wallet. In a legal sense, the wallet has been
a. lost.
b. mislaid.
c. abandoned.
d. none of the above
24. Mark finds a wallet on the ground at a grocery store. He turns it into the store's lost and found. If a statutory period passes and the owner never reclaims the wallet, who gets it?
a. the store, because it was lost
b. the store, because it was mislaid
c. Mark, because it was lost
d. Mark, because it was mislaid
25. Hal finds a TV in a trash can. Is it his?
a. yes, absolutely
b. yes, if the owner never reclaims it
c. yes, after a statutory period
d. no, never