The three most common estates in real property other than fee simple (full, individual title), by which people ___ ownership of real estate, include: joint tenancy, tenancy in common, and tenancy by the entirety.
An exception to the general rule that the landowner is under no duty to take reasonable care to protect the well-being of a trespasser is with regard to children.
Landowners can be liable to “trespassing children who are injured by an ___ nuisance, an artificial condition on the land that the owner or possessor knows, or has reason to know, that children are likely attracted to, such as a swimming pool.
Intentional torts include:
torts that involve interference with a person’s ___ (assault, battery, and false imprisonment);
torts that injure another’s reputation (defamation);
torts that injure a person emotionally (intentional infliction of emotional distress and invasion of privacy); and torts that involve interference with another’s property (trespass to land, conversion of personal property, and fraud).
Possession of real property without consent of the owner that can result in acquiring title after a period of prescribed years upon compliance with requirements of statutes, usually requiring that the possessor hold the property “openly and notoriously” and continuously for a period of time, usually 7-20 years, is called ___ possession.
Intestate ___ laws mandate how a person’s property (real and personal) is inherited when there is no will dictating otherwise.
Usually state intestate ___ laws provide for inheritance by the decedent’s spouse and children or descendants of deceased children, and if none, to closest relatives as defined by statute.
When one person is held liable (responsible for paying damages) for the actions of another, this is called ___.
A person who acquires a ___ in a building receives a deed vesting the owner with title to a certain space in the building that includes the interior walls and space of the unit.
The unit owner also acquires an interest in common with the other ___ owners in the roof and exterior walls, the common walkways, stairways, driveways, and amenities provided in the ___ complex.
Property ___ is the area of law governing private property rights, considered to be a “cornerstone of American society.”
Some ___ that may be available for a defendant to assert in response to claims of intentional torts against a person (assault, battery, false imprisonment) include:
consent (ex. football game);
self-defense, defense of another, or defense of property(force used must be reasonable); and
authority of law (false imprisonment claim).
The highest interest in real property that the law recognizes, which includes right to use and dispose of the real property at will, is called
“___” ownership.
The court that exercises jurisdiction over the supervised inventory and disposition of assets of wills and administration of estates of decedents is called ___ court.
The ability of the sovereign (state or federal government) to take private property for public use is called ___. This ability is limited by the Takings Clause of the 5th Amendment --“private property [shall not] be taken for public use without just compensation.”
The three basic types of torts are
negligence,
___ torts, and strict liability torts.
(Defining the three basic types of torts and giving an example of each would be a good essay question.)
The classic ___ illustrating proximate cause—that it was foreseeable that the defendant’s act or omission would cause plaintiff’s injury-- as a requirement of the causation element of negligence is Palsgraf v. Long Island Railroad (1928).
An ___ tort is a willful act that a tortfeasor knows, or should know, will cause injury or harm to another person or their property.
Congress has the authority to enact patent, trademark, and copyright laws under the US Constitution Article 1, Section 8, which authorizes Congress “to promote Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the ___ Right to their respective Writings and Discovery.”
Sometimes the same action can be both a crime and a tort, and thus basis for both a criminal prosecution and a civil ___ brought by the victim against the tortfeasor for court ordered relief such as an injunction and/or damages.
The unwanted and unreasonable touching of another without that person’s consent, which can include physical injury but does not have to, is the intentional tort of ___.
The standard of ___ to which a person must conform their conduct in order to not expose themselves to a potential negligence claim is based on an objective standard of what a reasonable person would do under the same circumstances.
A written contract creating a ___ against specifically described real property to secure payment of a note or other undertaking, usually the payment of the money a buyer of real estate borrowed from the lender to purchase the property is a mortgage.