LEGL 2700 ROESSING EXAM 4 2026
PRACTICE TEST QUESTIONS AND DETAILED
CIVIL PROCEDURE TORTS AND CONTRACT
LAW BREAKDOWN FULL REVIEW
◉ Contracts. Answer: Legal framework focused on creating and
maintaining enforceable agreements between specific parties. (An in
personam right based on mutual consent)
◉ Property. Answer: The legal right to exclude others from
resources originally possessed or acquired without force, theft, or
fraud. (An in rem right directed against the world)
◉ In Rem Rights. Answer: Rights directed against the world and
exclude everyone from a specific resource. (Associated with
Property Law)
◉ In Personam Rights. Answer: Personal rights that are only
enforceable against a specific person or party. (Associated with Torts
and Contract Law)
◉ Central Legal Question [Torts]. Answer: Did the defendant's
actions cause a civil wrong or harm to the plaintiff? (Focuses on
duties and remedies for harm)
,◉ Central Legal Question [Contracts]. Answer: Is there an
enforceable agreement between the specific parties involved?
(Focuses on mutual consent and exchange)
◉ Central Legal Question [Property]. Answer: Who has the legal
right to exclude others from a specific resource? (Focuses on the
"right to exclude" and the "bundle of sticks")
◉ Plaintiff [Legal Parties]. Answer: The party who files a civil action
or initiates the lawsuit. (The "aggrieved" party seeking a remedy)
◉ Defendant [Legal Parties]. Answer: The party against whom a civil
action is filed. (The party required to answer the complaint)
◉ Counterclaim [Legal Parties]. Answer: A claim filed by the
defendant against the plaintiff. (Swaps the roles of who is seeking a
remedy within the same case)
◉ Real Property [Resources]. Answer: Interests in land and the
fixtures permanently annexed to it. (Includes houses, unsevered
minerals, and items like kitchen sinks or built-in shelving)
,◉ Personal Property [Resources]. Answer: All moveable resources
and things not annexed to land. (Includes both tangible items like
inventory and intangible items like stocks or intellectual property)
◉ Property [Tangible]. Answer: Physical resources that one may
physically touch. (Examples: cars, inventory, or clothing)
◉ Property [Intangible]. Answer: Valuable types of information or
non-physical creations of the mind. (Examples: patents, copyrights,
trademarks, and trade secrets)
◉ Property [Rights and Powers]. Answer: The bundle of sticks that
allows an owner to possess, use, connect, and transfer a resource.
(Rights are absolute but not infinite)
◉ Control [Property Power]. Answer: The legal authority to
determine how a resource is managed or who has access to it.
(Fundamental to the right to exclude)
◉ Possession [Property Power]. Answer: The power of physically
holding or occupying a property. (Subject to the Rule of First
Possession)
, ◉ Use [Property Power]. Answer: The ability to utilize a resource in
various ways, including the power to divide those uses among
different parties. (Example: granting a license to enter land)
◉ Transfer [Property Power]. Answer: The power to give ownership
of a resource to someone else, also known as "passing title."
(Represented by a legal document called a deed)
◉ Absolute [Property Characteristics]. Answer: The legal right to
either exclude or not exclude others from a resource. (It is an "all or
nothing" power within the law)
◉ Not Infinite [Property Characteristics]. Answer: The principle that
property rights are limited by the state or the rights of others.
(Example: you cannot use your land to manufacture illegal weapons
or create a nuisance for neighbors)
◉ Property [Justifications]. Answer: Doctrines that explain why
society protects property rights, including stability, predictability,
and incentives to invest. (Also includes protection of autonomy,
social ordering, and internalizing externalities)
◉ Property [Essential Functions]. Answer: The legal system
promotes liberty by enabling private control and creates divisibility
by dividing the world into manageable chunks. (Also channels
positive and negative effects on third parties back to the owner)
PRACTICE TEST QUESTIONS AND DETAILED
CIVIL PROCEDURE TORTS AND CONTRACT
LAW BREAKDOWN FULL REVIEW
◉ Contracts. Answer: Legal framework focused on creating and
maintaining enforceable agreements between specific parties. (An in
personam right based on mutual consent)
◉ Property. Answer: The legal right to exclude others from
resources originally possessed or acquired without force, theft, or
fraud. (An in rem right directed against the world)
◉ In Rem Rights. Answer: Rights directed against the world and
exclude everyone from a specific resource. (Associated with
Property Law)
◉ In Personam Rights. Answer: Personal rights that are only
enforceable against a specific person or party. (Associated with Torts
and Contract Law)
◉ Central Legal Question [Torts]. Answer: Did the defendant's
actions cause a civil wrong or harm to the plaintiff? (Focuses on
duties and remedies for harm)
,◉ Central Legal Question [Contracts]. Answer: Is there an
enforceable agreement between the specific parties involved?
(Focuses on mutual consent and exchange)
◉ Central Legal Question [Property]. Answer: Who has the legal
right to exclude others from a specific resource? (Focuses on the
"right to exclude" and the "bundle of sticks")
◉ Plaintiff [Legal Parties]. Answer: The party who files a civil action
or initiates the lawsuit. (The "aggrieved" party seeking a remedy)
◉ Defendant [Legal Parties]. Answer: The party against whom a civil
action is filed. (The party required to answer the complaint)
◉ Counterclaim [Legal Parties]. Answer: A claim filed by the
defendant against the plaintiff. (Swaps the roles of who is seeking a
remedy within the same case)
◉ Real Property [Resources]. Answer: Interests in land and the
fixtures permanently annexed to it. (Includes houses, unsevered
minerals, and items like kitchen sinks or built-in shelving)
,◉ Personal Property [Resources]. Answer: All moveable resources
and things not annexed to land. (Includes both tangible items like
inventory and intangible items like stocks or intellectual property)
◉ Property [Tangible]. Answer: Physical resources that one may
physically touch. (Examples: cars, inventory, or clothing)
◉ Property [Intangible]. Answer: Valuable types of information or
non-physical creations of the mind. (Examples: patents, copyrights,
trademarks, and trade secrets)
◉ Property [Rights and Powers]. Answer: The bundle of sticks that
allows an owner to possess, use, connect, and transfer a resource.
(Rights are absolute but not infinite)
◉ Control [Property Power]. Answer: The legal authority to
determine how a resource is managed or who has access to it.
(Fundamental to the right to exclude)
◉ Possession [Property Power]. Answer: The power of physically
holding or occupying a property. (Subject to the Rule of First
Possession)
, ◉ Use [Property Power]. Answer: The ability to utilize a resource in
various ways, including the power to divide those uses among
different parties. (Example: granting a license to enter land)
◉ Transfer [Property Power]. Answer: The power to give ownership
of a resource to someone else, also known as "passing title."
(Represented by a legal document called a deed)
◉ Absolute [Property Characteristics]. Answer: The legal right to
either exclude or not exclude others from a resource. (It is an "all or
nothing" power within the law)
◉ Not Infinite [Property Characteristics]. Answer: The principle that
property rights are limited by the state or the rights of others.
(Example: you cannot use your land to manufacture illegal weapons
or create a nuisance for neighbors)
◉ Property [Justifications]. Answer: Doctrines that explain why
society protects property rights, including stability, predictability,
and incentives to invest. (Also includes protection of autonomy,
social ordering, and internalizing externalities)
◉ Property [Essential Functions]. Answer: The legal system
promotes liberty by enabling private control and creates divisibility
by dividing the world into manageable chunks. (Also channels
positive and negative effects on third parties back to the owner)
