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171. Commercial leases, compared to residential leases, tend to:
a. be much longer
b. be more controlled by state statute
c. require the landlord to provide most interior furnishings
d. be more likely to be of short duration
e. all of the other choices
172. Commercial leases tend to be than residential leases.
a. much longer
b. much shorter
c. much simpler
d. much more informal
e. none of the other choices are correct
173. When commercial rent includes charges for lighting, cleaning, parking lot maintenance, etc it is referred to as:
a. total rent
b. complete rent
c. net rent
d. gross rent
e. none of the other choices are correct
174. When commercial rent includes charges for lighting, cleaning, parking lot maintenance, etc it is referred to as:
a. total rent
b. complete rent
c. net rent
d. extra rent
e. none of the other choices are correct
175. A "grey shell" building is:
a. one with full furnishing
b. one without interior finish
c. one with minimal interior finish
d. one that is not completely constructed
e. one that has illegal activity occurring in it
176. A "grey shell" building is:
a. one with full furnishing
b. one that has illegal activity occurring in it
c. one with minimal interior finish and bathrooms
d. one that is not completely constructed
e. none of the other choices are correct
177. A "vanilla shell" building is:
a. one with full furnishing
b. one without interior finish
c. one with four finished walls, heating and cooling, a restroom and suspended ceiling
d. one that is not completely constructed
e. one that has illegal activity occurring in it
178. A "vanilla shell" building is:
a. one with full furnishing
b. one without interior finish
c. one that has illegal activity occurring in it
d. one that is not completely constructed
e. none of the other choices are correct
179. In Neilsen v. Gold's Gym, where Gold's leased space for a new gym, but got into a dispute with the landlord of a
the commercial space before it even moved in, the courts held that:
a. the lease was valid; Gold's was liable for damages for breach
b. the lease was valid but the landlord breached by failing to finish the building properly
c. the lease was invalid because several key provisions conflicted with state law regarding proper construction
d. there was no lease because the terms were unclear
e. none of the other choices
180. In Neilsen v. Gold's Gym, where Gold's leased space for a new gym, but got into a dispute with the landlord of a
the commercial space before it even moved in, the courts held that:
a. the lease was valid; Gold's was liable for damages for breach
b. the lease was valid but the landlord breached by failing to finish the building properly
c. the lease was invalid because several key provisions conflicted with state law regarding proper construction
d. the lease was invalid because the rent was too high, in violation of state rules regarding proper lease charges
e. none of the other choices
181. In Neilsen v. Gold's Gym, where Gold's leased space for a new gym, but got into a dispute with the landlord of a
the commercial space before it even moved in, the unclear terms of the lease led to the courts:
a. holding the lease to be unenforceable
b. holding the lease to be legal and binding
c. requiring Neilson to pay damages for breach of contract
d. requiring Gold's Gym to pay damages for breach of contract
e. none of the other choices are correct
182. Eminent domain means:
a. the government must build housing for the poor
b. the use of property is controlled by zoning
c. owners of other property make a legal claim against public land
d. land is registered to its private owner
e. the government may force the sale of private property
183. The power of eminent domain means:
a. the government must build housing for the poor
b. the use of property is controlled by zoning
c. owners of other property make a legal claim against public land
d. land is registered to its private owner
e. none of the other choices
184. The power to take private property for public use without consent of the owner is:
a. privity
b. eminent domain
c. caveat emptor
d. easement publica
e. Lanham Act action
185. The power to take private property for public use without consent of the owner is:
a. privity
b. caveat emptor
c. easement publica
d. Landham Act action
e. none of the other choices
186. If the government takes land from a private owner without the consent of the owner it is exercising the right of:
a. eminent domain
b. caveat emptor
c. easement publica
d. Landham Act action
e. none of the other choices
187. If the government takes land from a private owner without the consent of the owner it is exercising the right of:
a. government domain
b. caveat emptor
c. easement publica
d. Landham Act action
e. none of the other choices
188. The right of the government to conduct eminent domain actions comes from:
a. Executive Power
b. federal statutes
c. state statutes
d. the sovereign nature of the government
e. the rules of the Federal Register
189. The sovereign nature of the government gives it the right to:
a. eminent domain
b. hold criminals without trial
c. government domain
d. grant easements to supporters
e. none of the other choices are correct
190. If the government forces you to sell 10 acres of your land to the Park Service, the Constitution requires that:
a. you pay the government
b. you continue to pay taxes on the land
c. the government pay you "fair market value" for the land
d. the government re-convey the title to the land to your heirs once it is done using it
e. none of these
191. Which of the following has the power of eminent domain?
a. the federal government
b. state governments
c. local governments
d. all levels of government
e. only private parties
192. The government can force a person to give up title to his land but:
a. the government must provide just compensation
b. the government must pay at least 1/3 of the real value of the property
c. the government must allow others to bid against them for the land
d. the government cannot force a person to give an easement
e. none of the other choices are correct
193. The
consent.
requires that governments must pay compensation when taking private land without the landowner's
a. Bill of Rights
b. Fifth Amendment of the Constitution
c. First Amendment of the Constitution
d. Third Amendment of the Constitution
e. Supreme Court
194. The
consent.
requires that governments must pay compensation when taking private land without the landowner's
a. Third Article of the Constitution
b. Second Amendment of the Constitution
c. First Amendment of the Constitution
d. Third Amendment of the Constitution
e. none of the other choices are correct
195. Governments must pay just compensation when exercising the right of eminent domain. Just compensation is
usually the:
a. highest price the government can afford
b. price the landowner demands
c. fair market value
d. cash market value
e. bond market value
196. When a local government regulates the way in which homeowners may use their land, this is an exercise of the
government's:
a. fiduciary powers
b. obligatory powers
c. police powers
d. derivative powers
e. olfactory powers
197. When a local government regulates the way in which homeowners may use their land, this is an exercise of the
government's:
a. fiduciary powers
b. obligatory powers
c. derivative powers
d. olfactory powers
e. none of the other choices
198. A local government's police power is:
a. the power to arrest disturbers of the peace
b. the power to arrest people engaged or suspected of engaging in illegal activities
c. the power to regulate behavior to protect or promote the general welfare
d. the power to seize land without paying for it
e. the power to seize land for law enforcement agencies
199. A local government's police power is, generally:
a. the power to arrest disturbers of the peace
b. the power to arrest people engaged in illegal activities
c. the power to seize land for law enforcement agencies
d. the power to seize land without paying for it
e. none of the other choices are correct
200. According to the Supreme Court, if a government regulation reduces the value of property, it must compensate the
landowner for the loss in value if the loss:
a. is greater than about ten percent
b. is greater than about twenty-five percent
c. is greater than about fifty percent
d. is close to the entire value of the property
e. none of the other choices; it must pay compensation for any decline in value
201. Since the 1920s the primary method of local land control has been:
a. easements
b. eminent domain
c. zoning
d. taxation
e. tort suits
202. Since the 1920s the primary method of local land control has been:
a. easements
b. eminent domain
c. tort suits
d. taxation
e. none of the other choices are correct
203. Zoning laws are typically used to:
a. control the quality of construction
b. control population density
c. decide what kinds of buildings may be built where
d. provide green zones
e. all of the other choices
204. Zoning laws are typically not used to:
a. control the quality of construction
b. control population density
c. decide what kinds of buildings may be built where
d. provide green zones
e. all of the other choices are common to zoning
205. Zoning laws are typically not used to:
a. control the quality of construction
b. control kinds of speech
c. decide what kinds of buildings may be built where
d. provide green zones
e. all of the other choices are common to zoning
206. Which of the following is an example of something regulated by a zoning rule:
a. building height
b. population density
c. building size
d. quality of construction used in building
e. all of the other specific choices are correct
207. Which of the following is an example of something regulated by a zoning rule:
a. ethnicity of people in a neighborhood
b. tax burdens
c. building size
d. number of judges appointed to a county
e. all of the other specific choices are correct
208. Which of the following is an example of something regulated by a zoning rule:
a. ethnicity of people in a neighborhood
b. tax burdens
c. building height
d. number of judges appointed to a county
e. all of the other specific choices are correct
209. Which of the following is an example of something regulated by a zoning rule:
a. ethnicity of people in a neighborhood
b. tax burdens
c. population density
d. none of the other specific choices are correct
e. all of the other specific choices are correct
210. In Saadala v. East Brunswick Zoning Board of Adjustment, where Saalada sued the Zoning Board after it
approved a 7-Eleven's application to extend its non-conforming classification so it could expand its business, the
appeals court held that:
a. the Board should not have granted the application because 7-Eleven failed to show "special reasons" required
for approval of a use variance for its redevelopment plan
b. the Board should have granted the application because 7-Eleven showed the "special reasons" required for
approval of a use variance for its redevelopment plan
c. the Board should have granted the application because 7-Eleven failed to show "special reasons" required for
approval of a use variance for its redevelopment plan
d. the Board should not have granted the application because 7-Eleven is too small a corporation to have the
"special reasons" to get approval of a use variance for its redevelopment plan
e. none of the other choices are correct
211. In Saadala v. East Brunswick Zoning Board of Adjustment, where Saalada sued the Zoning Board after it
approved a 7-Eleven's application to extend its non-conforming classification so it could expand its business, the
appeals court held that 7-Eleven:
a. failed to show "special reasons" required for approval of a use variance for its redevelopment plan
b. succeeded in showing "special reasons" required for approval of a use variance for its redevelopment plan
c. showed that the property in question was uniquely suited to its commercial needs
d. failed to show that it would be able to pay all the taxes associated with the proposed use
e. none of the other choices are correct
212. In Saadala v. East Brunswick Zoning Board of Adjustment, where Saalada sued the Zoning Board after it
approved a 7-Eleven's application to extend its non-conforming classification so it could expand its business, the
appeals court held that 7-Eleven:
a. did not have enough capital to support the proposed business plan
b. succeeded in showing "special reasons" required for approval of a use variance for its redevelopment plan
c. showed that the property in question was uniquely suited to its commercial needs
d. failed to show that it would be able to pay all the taxes associated with the proposed use
e. none of the other choices are correct
213. Which of the following is an intentional tort against property:
a. defamation
b. battery
c. malicious prosecution
d. invasion of privacy
e. none of the other choices
214. Which of the following is an intentional tort against property:
a. defamation
b. conversion
c. malicious prosecution
d. invasion of privacy
e. none of the other choices
215. Which of the following is an intentional tort against real property:
a. nuisance
b. battery
c. malicious prosecution
d. invasion of privacy
e. none of the other choices
216. Intentional interference against property does not include which tort:
a. trespass
b. public nuisance
c. private nuisance
d. conversion
e. all of the other choices can be correct
217. When a wrongdoer harms a person's interest in land or personal possessions, this is referred to as:
a. a misdemeanor
b. a contractual wrong
c. a tort against property
d. a libel against the person
e. none of the other choices
218. When a wrongdoer harms a person's interest in land or personal possessions, this is referred to as:
a. a misdemeanor
b. a contractual breach
c. breach of fiduciary duty
d. a libel against the person
e. none of the other choices
219. Torts against property:
a. cannot be intentional torts; that category of torts only applied to torts against persons
b. can be torts, but only if there is also an intentional tort inflicted against a personal interest that is protected by
tort law
c. can be intentional torts, but only if there is also an intentional tort inflicted against a personal interest that is
protected by tort law
d. can be intentional torts even if there is no tort against a person
e. are all categorized as negligent torts, regardless of other torts against persons
220. Torts against property:
a. cannot be intentional torts; that category of torts only applied to torts against persons
b. can be torts, but only if there is also an intentional tort inflicted against a personal interest that is protected by
tort law
c. can be intentional torts, but only if there is also an intentional tort inflicted against a personal interest that is
protected by tort law
d. are all categorized as negligent torts, regardless of other torts against persons
e. none of the other choices
221. In a tort action for trespass to land the:
a. wrongdoer is excused if he thought he owned the land
b. wrongdoer is excused if she thought she could trespass
c. the property owner must demonstrate actual injury
d. the property owner must show that the land was fenced or otherwise posted as to ownership
e. none of the other choices
222. In a tort action for trespass to land the:
a. wrongdoer is excused if he thought he owned the land
b. wrongdoer is excused if she thought she could trespass
c. the property owner must demonstrate actual injury
d. intruder is not excused even if mistaken about the right to enter on the land
e. the property owner must show that the land was fenced or otherwise posted as to ownership
223. An unauthorized intrusion by a person or a thing on land belonging to another is:
a. legal in some states
b. an easement
c. the tort of trespass to land
d. the tort of battery
e. the tort of trespass to personal property
224. An unauthorized intrusion by a person or a thing on land belonging to another is:
a. legal in some states
b. an easement
c. the tort of conversion
d. the tort of battery
e. none of the other choices are correct
225. Which of the following is not true with respect to trespass to land?
a. there is an unauthorized intrusion on someone else's land
b. land owners have a right to peaceful enjoyment
c. the land owner must demonstrate physical injury to the land
d. an airplane flying over land at a reasonable altitude is not trespassing
e. all of the other choices are true
226. Which of the following is not true with respect to trespass to land?
a. there is an unauthorized intrusion on someone else's land
b. land owners have a right to peaceful enjoyment
c. the land owner must not have authorized the entry on to the land
d. an airplane flying over land at a reasonable altitude is not trespassing
e. all of the other choices are true
227. A person may use which of the following as a defense to the tort of trespass on land:
a. ignorance
b. stupidity
c. helping someone in danger
d. a state hunting license
e. lack of awareness
228. A person may use which of the following as a defense to the tort of trespass on land:
a. ignorance
b. stupidity
c. protecting the property from damage
d. a state hunting license
e. lack of awareness
