LEGL 2700 TEST 2 HACKLEMAN QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026

LEGL 2700 TEST 2 HACKLEMAN QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026 property - Answers legal right to exclude others from resources that are originally possessed or are acquired without force, theft, or fraud -absolute, not infinite -boundaries can be ambiguous -foundation of the free market how does property help society achieve prosperity? - Answers promotes incentives, establishes conditions for capital formation, makes resources easily divisible real property - Answers land and interests in land personal property - Answers all moveable resources -separated further into tangible and intangible air rights - Answers the owner of real property also possesses the air above the land to the extent that the owner can occupy or use it in connection with the land subsurface rights - Answers a landowner may also own the liquids, gases, and minerals beneath the land Fixtures on land - Answers Object of personal property that is so essential/annexed to the land that it becomes part of the land Rule of Capture - Answers Landowner can pump as much water as they desire, regardless of the effect on others Coastal Oil and Gas V. Garza Energy Trust - Answers Rule of capture to natural gas - Coastal fraked next to leased land to avoid royalties, rule of capture held fee simple - Answers represents the maximum estate allowed under law fee simple absolute - Answers involves no limitations or conditions attached (to maximum estate allowed under law) fee simple defeasible - Answers may have a condition attached to its transfer (concerning maximum estate allowed under law) life estate - Answers grants ownership in land for the lifetime of a specified person Reversion - Answers Property goes to previous owner who has the future interest Remainder - Answers Property goes to a future owner who is specified and has future interest leasehold estate - Answers property rights granted to tenants by a landlord concurrent ownership - Answers more than one person can own the same property tenancy in common - Answers property interest is undivided, but tenants can own different shares of the resource joint tenancy - Answers property interest is undivided; tenants must have equal ownership shares; can have right of survivorship (one dies, the other becomes sole owner) easements - Answers right to cross over land Natural easements - Answers cross land to get to public road negative easement - Answers an adjoining landowner cannot do anything that would cause your land to cave in or collapse easement by perscription - Answers arises when one person has used another's land for a period of years (typically 20), and once this period of time has passed, a title-holder of the land can no longer prevent the person from continuing to use the land by crossing it Utility easement - Answers Utility company has the right to access utility bailments - Answers goods placed into another's possession to be returned in the future bailor - Answers owner of object bailee - Answers possessor of object Types of bailments - Answers Sole benefit of the bailor (owner is happy) Sole benefit of bailee (possessor happy) Mutual benefit (renting apt) Semoon V Wooster School - Answers Lent sculptures for recognition and beauty School did not take measures to reasonable protect them and are therefore liable What is the effect of contract rules - Answers control the way owners make agreements to exchange resources in the property-based legal system -allow owners to commit legally to future exchange of resources -enable sue if resources are broken or damaged rule of first possession - Answers first person to reduce previously unowned things to possession becomes their owner *major league ball Lost VS Mislaid items - Answers Lost: personal property unintentionally left (finders keepers) Mislaid: personal property intentionally left and then forgotten (goes to owner of location) adverse possession - Answers provides ownership of land under state statute when possession is: open & notorious, actual & exclusive, continuous, wrongful, for a prescribed period of time Acquiring Resources through Confusion - Answers Identical, interchangeable goods are mixed together owner holds a proportional share of goods if confusion occurs by honest mistake (if intentional, get nothing) illustrates the importance of boundries accession - Answers property acquired by adding something to an owned object law of accession - Answers people apply efforts to any raw materials and change its nature into finished products, they own the finished products (except if stolen) Acquiring resources through gift - Answers Donor gives to donee Doesn't take place until... -donor intends to make a gift -donor delivers the gift by physical transfer to donee Testimony gift is made through a will title and property registration - Answers ownership represented by a physical document registered with the state for certain resources deed - Answers document of title that transfers ownership of land warranty deed - Answers promises the grantee (buyer) that the grantor (seller) has good ownership and full power to convey it, guaranteed special warranty deed - Answers specifies that certain legal claims against the land, like mortgages, exist but guarantees that no other claims exist quitclaim deed - Answers makes no guarantees other than that the grantor surrenders all claim against the land 2 types of security interests - Answers mortgages, secured transactions (collateral) deeds of trust - Answers type of document to secure an extension of credit through an interest in the land (involves buyer, lender and trustee who holds the legal ownership) land sales contract - Answers used to secure an extension of credit through an interest in the land purchased, lender holds title until paid off uniform commercial code - Answers the most successful attempt to have states adopt a uniform law. used to simplify, clarify, and modernize the laws governing commercial transactions recording statutes - Answers mortgages and deeds of trust must be registered in a recording office and provide notice of the security interest to potential buyers and lenders of the land foreclosure - Answers Creditor must go through the court system to ensure that procedures are properly followed deficiency - Answers balance owed by the debtor to the creditor right of redemption - Answers the right to buy back; a debtor may buy back or redeem his or her mortgaged property when he or she pays the debt PLUS interest secured transactions - Answers involves a creditor who has made a loan to a debtor who agrees to give the creditor a security interest in collateral article 9 (UCC) - Answers set of laws that control security interest attachment occurs when - Answers secured party holds given value, debtor owns collateral, security agreement is provided perfection - Answers arises when a security interest is attached and creditor has taken all proper steps required by article 9 *FILING- called financing statement* Artisan's Lein - Answers worker contributes to personal property and gets priority to be paid over attachments and perfection (will seize property) *mechanic* Mechanic's Lein - Answers worker contributes to personal property and isn't paid - file documentation and gets priority over attachments and perfection Public nuisance - Answers Arises from the use of land that causes inconvenience or damage to the public Private nuisance - Answers unreasonable use of one's property to cause substantial interference with the use of another's land Zoning ordinances - Answers laws that divide counties into districts designated into residential, commercial or industrial Cook V Sullivan - Answers Sullivan build on wetlands, Cook start experiencing excessive groundwater - attempt to fix but doesn't work - Sullivan ruled to remove fill dirt and house Malum in se - Answers wrongful in and of itself Malum prohibitum - Answers wrongful because the legislative body says so Misdemeanor VS Felony - Answers Misdemeanor 1 year prison Felony 1 year Grand Jury - Answers Decides if the person should be indicted (if there is probable cause against the person) Secret! Pleas in a Criminal Case - Answers Guilty Not guilty Nolo Contendere (no contest)- saves time and money like pleading guilty but does not go on record of pleading guilty 4th amendment - Answers Protects individuals from unreasonable searches and seizures EXCEPT commercial premises, airport security, cars, arrest (person and area) Riley VS California - Answers Guy stopped for expired tag and the pigs searched his phone, saw he was connected to gangs and arrested him for that *NEED WARRENT FOR PHONES* 5th amendment - Answers Protects accused from being compelled to testify against self *criminal charges only* NOT physical evidence, business records, corporations (except sole proprietor) Double jeopardy - Answers 2 prosecutions from state and feds 6th Amendment - Answers Right to... fair and speedy trial trial by jury be informed of charges confront accuser subpoena witness in one's favor right to lawyer (jailment only) mail and wire fraud - Answers use of email, phones, etc. to defraud someone; can be proven w circumstantial evidence False statement to Fed Agency - Answers does not have to be direct bankruptcy fraud - Answers there must be no false statements during bankruptcy proceedings conspiracy (aiding and abetting) - Answers when people come to a mutual understanding to commit a crime (before/during/after) obstruction of justice - Answers withholding of info, false testimony, getting rid of any potential evidence larceny - Answers unlawful taking of someone's personal property in order to deprive that person of their interest in this property *permanently* -by violence: robbery -breaking into dwelling - burglary FELONY RICO - Answers the Racketeer Influence and Corrupt Organizations Act contracts - Answers promises that are enforceable with predictable consequences for performance failures; does not need to be formal and written sources of contract law - Answers legislation: UCC article 2, contracts for goods; common law: judges' decisions, contracts for things other than goods bilateral - Answers an agreement containing mutual promises unilateral - Answers an agreement with only one promise *seeking action*, and only one party is committed to preform express contracts - Answers arise from interactions in which parties actually discuss the promised terms of their agreement implied-in-fact contracts - Answers arise from the conduct of the parties rather than from words implied-in-law contracts - Answers allows for enforcement of contract w/o one being intended because one party was unjustly enriched at the expense of another (also known as quasi contract) void - Answers unenforcable voidable - Answers one party has the option to withdraw from contract; may or may not be enforced Unenforceable - Answers one party has reasonable justification for not preforming as promised, courts can't help executed contract - Answers parties have performed their promises executory contract - Answers parties have not yet performed their agreement requirements for an enforceable contract - Answers offer, acceptance, consideration, capacity by both parties to enter into a contract, lawful purpose what prevents the acceptance of offers - Answers revocation (offeror kills off), rejection (offeree kills off), counter offer (offeree makes counter offer), lapse of time (offeree waits too long), subject matter destruction, offeror death/insanity, subject matter illegality mirror-image rule - Answers acceptance must match the offer exactly (except UCC) UCC allows changes to the mirror image rule unless - Answers 1. the offer expressly limits acceptance to the original terms 2. the proposed terms materially alter the contract 3. the offeror rejects the proposed terms Alps South Corp VS Gottlieb and Co - Answers Alps made fabric for prosthetics and changed formula Injuries to customers who used prosthetics from Gottlieb Had non sue part in one contract that the other party did not read -- sucks for them mailbox rule - Answers offeror cannot revoke offer once offeree put *acceptance* "in the mail" (upon dispatch) Anything else is in effect when recieved consideration - Answers receipt of legal benefit/negative thing; both parties must have "skin in the game" (incentive); must be during correct period of time Vascalosa VS Nisan - Answers Woman bought car and signed a non sue agreement ( but agreement had exceptions ) Lacked consideration because Nissan didn't apply arbitration to themselves - too clever *no consideration* Consideration Pre-existing - Answers already doing action but try to change contract/ get more but terms not change? NOPEE (except UCC) Option contract - Answers consideration by buyer (pay cash money), and seller will keep option open -firm offer exception if merchant writes and signs that they will keep option open for 3 months, then bound legally promissory estoppel/ detrimental reliance - Answers court enforcement of an otherwise unbinding promise if injustice can be avoided only by enforcement of the promise; substitute for consideration (can't cancel promise - not yet contract - if other party relies on it and this is known) Capacity - Answers a person's ability to be bound by a contract, only minors, intoxicated persons and mentally incompetent person are considered to be lacking capacity lawful purpose - Answers contracts that require commission of a crime/tort/violate accepted standards of behavior are void; courts don't take action on such contracts, includes any contracts restraining trade Fraud - Answers intentional misstatement of fact that induces another to enter into a contract to which they otherwise would not agree to Elements to demonstrate fraud - Answers misrepresentation of fact,