Chartered Property Casualty Underwriter (CPCU) 530 Practice Exam

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• A court-awarded payment that exceeds the usual contract damages for a breach is called?
• The assumption of control of a country by the military.
• Airlines, railroads or trucking companies that furnish transportation to any member of the public seeking their offered services are known as
• A form of government that constitutionally permits only one specific political party.
• Under which rule can a plaintiff recover damages minus the plaintiff's own fault, regardless of the defendant's fault?
• The authority that the principal specifically grants to the agent.
• Which clause states that the insurer cannot contest the policy after a specified period?
• If rights are transferred to another, the recipient is the what?
• A security device by which a borrower guarantees payment by delivering collateral to the lender.
• A bailee's right to retain possession of a bailor's property as security for payment or performance is called what?
• An act that can be performed only by government.
• Which term refers to genuine assent—the actual agreement to form a contract, evidenced by the parties' actions and words?
• Who is the individual or entity to whom property, rights, or interests have been transferred?
• Which term covers losses indirectly caused by a wrong, such as a breach of contract or a tort?
• A form of government where a group of military officers governs after seizing power.
• A form of business entity that provides its owners the limited liability of a corporation and the tax advantages of a partnership.
• Which term describes a currency pegged to another currency?
• What is the transfer of rights or property called?
• Which act passed by Congress in 1970 sets safety standards for employers and imposes penalties for violations?
• Which contract concept involves an agreement to substitute performance and its completion to settle a dispute?
• Which term describes a contract that has been completely performed by both parties?
• Which term describes the pretrial process of obtaining information from the other side, including depositions and interrogatories?
• Which term describes the questioning of an opposing party to bring out information favorable to the questioner's own position or to challenge the witness's testimony?
• Which term refers to an act that interrupts the causal chain because it is independent of the original act and not reasonably foreseeable?
• Which term denotes a land use that existed lawfully before zoning restrictions and remains permissible even after the restrictions are in place?
• Which constitutional provision prohibits state laws that discriminate unfairly or arbitrarily, and requires equal treatment to all persons under like circumstances?
• Which term refers to the statutory laws that grant power to administrative agencies to act, and the body of law created by those agencies themselves?
• A defense that protects the government against tort lawsuits without the government's consent.
• Which theory requires the plaintiff to prove that the employer intentionally discriminated against individuals based on protected characteristics?
• Which is the signed agreement indicating that during the course of investigation, neither the insurer nor the insured waives rights under the policy?
• Which term describes the party who receives property being transported by a carrier?
• The permission to use real property for a particular purpose is called?
• Which defense to negligence bars a plaintiff's recovery when the plaintiff contributed to the harm?
• Risk that is inherent in the operation of a particular organization, including the possibility of loss, no loss, or gain.
• A right or privilege to enter another's land and take away something of value from its soil or from the products of its soil is known as?
• Which administrative rule interprets statutes and provides guidance but is not binding on individuals?
• Which term describes an independent producer who represents insurance customers?
• What is the term for an unjustified intentional act that interferes with another's valid or expected business relationship?
• The use of threats or coercion to compel a party to act contrary to their will is called what?
• Which term describes the quality of evidence that suggests the source is reliable and the evidence is adequate to justify admission in court?
• Which term refers to the owner of the personal property in a bailment?
• A contract that binds parties only if certain conditions occur is called?
• Which instrument evidences ownership and right to delivery for goods held in storage?
• A contract that consists of multiple promises, each enforceable on its own, is known as what?
• Person who enters a premises for the financial benefit of the owner or occupant.
• Which authority is described as the authority implicitly conferred on an agent by custom, usage or the principal's conduct?
• Which term is an exception to the strict application of a zoning ordinance to permit a use that is not permitted otherwise?
• Who is the party to a contract who makes an assignment?
• Alterations or additions made to the building at the expense of an insured who does not own the building and who cannot legally remove them are known as?
• An employee who is paid by the hour and is eligible for overtime pay is classified as what?
• Which pretrial motion asks the court to enter a judgment when no material facts are in dispute?
• In an insurance application, what term describes a statement of fact or opinion made by the insured in response to a question from the insurer?
• Which alternative dispute resolution method uses a neutral outside party to develop a settlement that can be final and binding?
• An act or omission that completely disregards the safety or rights of others and is exaggerated or aggravated in nature.
• Which type of verdict is reached by a jury that makes findings of fact by answering specific questions posed by the judge, with the judge applying the law to the facts?
• The party to a contract who promises to give something in return for a promise or act by another party is called?
• What term describes an intentional misrepresentation resulting in harm?
• Which term means a purposeful interference with another party's enjoyment of his or her property?
• Which contract principle requires that certain contracts be in writing and signed to be enforceable?
• Which tort involves an intentional act causing harmful or offensive contact?
• A tort arising from a relationship between the entrant and the owner granting permission to enter is called what?
• Who is the party to a contract that makes a promise?
• The process by which employees, represented by a union, negotiate with the employer on wages, hours, and working conditions is called what?
• Which tort is the intentional act that causes mental anguish?
• What term denotes the absolute obligation to pay a negotiable instrument according to its terms?
• Which legal concept refers to a party's right to sue because they have suffered or will suffer a legal wrong?
• Which term is defined as a formal written statement of the facts and claims presented by all parties in a lawsuit?
• Something of value or bargained for and exchanged by the parties to a contract is called?
• What phrase describes the completion of all possible administrative procedures and appeals before appealing an agency action to a court?
• A voluntary association of individuals acting together under a common name to accomplish a lawful purpose.
• In evaluating proximate causation in policy disputes, which doctrine states that coverage may apply when two independent concurrent causes exist, one excluded and one covered?
• Which defense holds that the party who had the last clear chance to avoid harm and fails to do so is solely responsible for the harm?
• Knowledge that a person is assumed by law to have because that knowledge could be gained by reasonable observation or inspection.
• A person who has permission to enter onto another's property for his or her own purpose.
• A right to possession or ownership, or both, of property.
• Which contract is created when only one party makes a promise to perform?
• A breach of the duty of good faith and fair dealing is referred to as?
• Which body of law deals with rights and duties between individuals and remedies for breaches?
• What is the term for a lawsuit brought by one or more shareholders in the name of the corporation?
• In an agency relationship, which party is the one who authorizes the agent to act on the principal's behalf?
• What term refers to an event that must occur before a duty of performance arises in a contract?
• Which implied warranty states that a product is fit for its ordinary purpose?
• Which form of government is led by a hereditary ruler whose powers can be absolute?
• In which form of government are a prime minister and an elected parliament?
• Which type of principal is known to the third party dealing with the agent but whose identity is not known?
• A tenant who has a lease for a number of years and, at expiration, continues to occupy the premises.
• Which term describes a contract whose terms and intentions are explicitly stated?
• Which term describes an agreement that, despite the parties' intentions, never reaches contract status and is therefore not legally enforceable or binding?
• A joint tenancy between husband and wife.
• Which term is defined as a law that governs cross-border private disputes?
• Which term describes an interest in the subject of an insurance policy that would cause financial loss if an insured event occurred?
• Which law allows a negligence victim to sue an insurer directly or to sue both the insurer and wrongdoer jointly?
• Which equitable remedy is used to stop a specific activity to prevent ongoing harm?
• Which model code has been adopted in whole or part by every state to provide a consistent basis for business transactions, including sale of goods and secured transactions?
• A purchase offer made directly to shareholders of the target, typically at an offer price greater than the current market price?
• Creation of an agency relationship resulting when a principal adopts the act of another who has purported to act for the principal and has neither power nor authority to perform the act for the principal.
• A defense to negligence that grants immunity to parents from their children's lawsuits for torts is called what?
• Which term best matches a government influenced by religious dogma and clerical leadership?
• Which term is linked to the law governing payment obligations in negotiable instruments?
• Which damages are awarded to punish a defendant for reckless, malicious, or deceitful conduct to deter similar acts?
• The intentional relinquishment of a known right is called what?
• An encroachment on another person's right to be left alone describes which tort?
• A defense to negligence that protects the government against lawsuits for tort without its consent.
• A nonmaterial interest in real property is called?
• Which term describes a person invited to enter land that is open to the public for a purpose for which the land is open to the public?
• Which term refers to selling a large quantity of goods at less than fair value, including selling goods abroad at less than the market price at home?
• Which law provides trade creditors with rights and remedies when a buyer defaults?
• Which term describes an agent who handles all of a principal's business of a particular kind or in a particular place?
• Which term is associated with a seller's failure to reveal a lien that could affect the buyer's ownership?
• In a bailment, the party who delivers the property to the bailee is the
• A cause of action employee may have against an employer for illegal termination of employment.
• Which document is an insurer's notice that identifies coverage issues and indicates the insurer may deny coverage later if facts warrant it?
• Which term describes a third-party beneficiary who receives the benefit of a contract's performance as a gift from the promisee, with the intent of the contracting parties?
• An act that can be performed only by government.
• Which term describes the European Union's member countries' single unified market in which goods, services, people and capital can move freely across borders?
• Which term is used for a legal representative of insurers who has a contractual agreement to sell insurance?
• Which term refers to the body of law designed to prevent fraudulent contracts?
• A wrongful act or omission, other than a crime or a breach of contract, that invades a legally protected right.
• A claim made in the complaint by the plaintiff, specifying what the plaintiff expects to prove to obtain a judgment against the defendant.
• What term describes a perception that does not agree with the facts?
• Which entity blends the limited liability of a corporation with the tax advantages of a partnership?
• Which doctrine describes a negligence defense based on the plaintiff having the last opportunity to avoid harm and failing to do so?
• Which classification governs the procedures for pursuing remedies and enforcing rights?
• Which term describes a contract whose terms and intentions are indicated by the actions of the parties and the surrounding circumstances?
• An unintentional act causing mental anguish that results in physical injury describes which tort?
• An act that could be performed by a private enterprise.
• In a property sale, who is the seller?
• Which tort is committed when a person intentionally makes physical contact with another that is harmful or offensive without justification?
• Which term describes the relationship of a worker who is not subject to the hirer's control regarding work details?
• Which dispute resolution method involves a neutral outside party who reviews issues and issues a final binding settlement?
• Which branch of law imposes penalties for wrongs against society?
• The use of restraint, violence, or threats of violence to compel a party to act contrary to his or her wishes is known as what?
• Which term describes the temporary transfer of possession of property under an agreement to return or dispose of the property?
• Which term describes a third-party beneficiary who has no contractual rights but benefits from a contract though that is not the intent of the parties?
• Which term describes an obligation that is not an actual contract but that is imposed by law because of the parties' conduct or because one party would otherwise be unjustly enriched?
• The failure, without legal excuse, to fulfill a contractual promise.
• What is the secured interest in real property held by a trustee to protect the lender until the loan is repaid?
• Which doctrine allows negligence to be inferred solely from the occurrence of an accident under certain circumstances?
• Which contract is an obligation imposed by law to prevent unjust enrichment, even though no express agreement exists?
• What term describes a contract in which one party must either accept the agreement as written by the other party or reject it?
• A defamatory statement expressed in writing is called?
• Which implied warranty is breached when the product is not fit for the buyer's stated purpose and the seller knew of that purpose?
• A court-ordered equitable remedy requiring a party to perform a certain act, often - but not always - as a result of breach of a contract?
• A party's refusal to meet obligations under a contract is described by which term?
• Which term describes a form of government by the people thought elected representatives?
• Which concept refers to authority created by the principal through actions that lead a third party to believe the agent can act on the principal's behalf, even if not actually granted?
• A nonpossessory right to use another person's real property for a particular purpose is called?
• A document filed in court by a defendant responding to a plaintiff's complaint and explaining why the plaintiff should not win the case.
• What term refers to the authority that the principal explicitly grants to the agent under an agency contract?
• Which policy type pays a fixed amount upon loss, regardless of the actual loss value?
• Which instrument requires employers to plan how they will reach hiring goals for protected groups in government contracts?
• What is the legal proceeding to terminate a mortgagor's interest when payments are in default?
• Which term describes the right to enter land and take away something of value from its soil?
• Which term refers to the act of restricting land use either by prohibiting additional building or by requiring high standards?
• Which instrument, when executed, transfers an interest in real property from the grantor to the grantee?
• Which term describes the defendant's formal written response to the plaintiff's complaint?
• A landlord-tenant estate created for a definite period.
• Two parties mistakenly agree on a price term that is different from the actual contract term; this situation is an example of which type of mistake?
• A person who has express or implied permission to be on premises to do business is best described as which invitee?
• Which organization operates under a defined name but is not a formal corporation and aims to accomplish lawful purposes?
• Which term describes an insurance producer whose authority is limited by contract to soliciting applications?
• Which term describes the permission to use real property for a particular purpose?
• A claim to an instrument by any person and any defense that would be effective in a simple contract transaction.
• The assent to an offer that occurs when the party to whom an offer has been made either agrees to the proposal or does what has been proposed is known as?
• An ADR method by which disputing parties use a neutral outside party to examine the issues and develop a mutually agreeable settlement.
• A form of partnership made up of one or more general partners, who have unlimited liability, and one or more limited partners, whose liability is limited to the amount of capital they have contributed to the partnership.
• Which term describes a land use that existed legally before the current zoning restrictions and is allowed to continue?
• Which form of government features a monarch as a ceremonial head of state within a constitutional framework?
• The legal principle under which an employer is vicariously liable for the torts of an employee acting within the course and scope of employment.
• Which contract status means the agreement is legally unenforceable due to a defect in formation or essential elements?
• Which party receives property being transported by a carrier?
• Which form of concurrent ownership involves two or more owners holding undivided interests with no right of survivorship?
• Which term describes a third-party beneficiary who received the benefit of a contract's performance as a gift from the promisee, with the intent of the contracting parties?
• Which document typically represents the right to receive goods from a shipper and defines the responsibilities of the carrier?
• Which tort involves the threat of force that creates reasonable fear of imminent harmful contact?
• Which term describes the defendant's assertion that brings a claim against the plaintiff within the same lawsuit?
• Which form of concurrent ownership has no right of survivorship?
• An interest in property that allows the property to be sold on default to satisfy the debt.
• Which term describes acts that are routine and do not require discretion by an agent?
• Which element must occur to trigger performance obligations in some contracts?
• Questioning one's own witness during a legal proceeding?
• Which rule permits a plaintiff to recover reduced damages so long as the plaintiff's fault is not greater than the other party's fault?
• What is the right of a government to seize private property for public use called?
• The doctrine that bars bringing a second lawsuit on the same claim after final judgment is known as what?
• Who is the recipient of property in a transfer after the deed is executed?
• The term for a process by which employees, through a union, bargain with management on wages and working conditions is called?
• Which principle holds that insurance policies should provide a benefit no greater than the loss suffered by the insured?
• Which term describes a law that concerns the interrelation of nation states and is governed by treaties and other international agreements?
• Which instrument requires the issuer to pay a set annual rate of interest and to repay the borrowed sum on a specified date?
• Which term is defined as a lien granted by law to cover repairs to a specific property?
• What term describes an administrative agency's final conclusion or disposition of a material private right, terminating the agency proceeding?
• A defamatory statement expressed by speech is called?
• What is the term for a temporary written or oral agreement to provide insurance coverage until a formal written policy is issued?
• In a jury verdict, which type resolves issues by answering questions posed to the jury?
• An intentional act causing mental anguish that results in physical injury describes which tort?
• Which term describes a payment awarded by a court to reimburse a victim for actual harm?
• A proposal that varies in a material way from the original offer, resulting in a new offer?
• The allegations made by a plaintiff in a lawsuit.
• Which term refers to a promise not supported by valuable consideration and thus not binding?
• Which policy pays a fixed amount upon a listed loss, regardless of the actual value?
• What term describes the power of a court to hear a case for the first time, i.e., original to the case?
• A standard for the degree of care exercised in a situation that is measured by what a reasonably cautious person would or would not do under similar circumstances is known as the
• What is the legal obligation imposed by law to protect others' protected rights called?
• Which category includes disparagement that damages intangible property rights but not necessarily a product?
• Which term denotes the owner of personal property in a bailment?
• Which term describes a lawsuit by or on behalf of a child with birth defects alleging negligent advice caused conception or continuation of pregnancy?
• What is cash, or near cash assets, pledged to secure credit or an obligation?
• The recipient of a gift is referred to as which term?
• A for-profit business entity jointly owned by two or more persons who share ownership and profits or losses, although not necessarily on an equal basis.
• Which term describes an agent that transacts all of a principal's business of a particular kind or in a particular place?
• Which term describes a country whose regulations offer financial and business incentives encouraging organizations from other countries to do business there?
• Which term best encapsulates both spoken and written false statements that injure someone's reputation?
• Which form of government has a parliamentary body and a ceremonial monarch?
• If fraud occurs, what remedy allows the injured party to undo the contract?
• Which term refers to an act, occupation, or structure that affects the public at large and interferes with public enjoyment or rights regarding property?
• Which term describes a contract in which a claimant can sue the insurer directly or jointly with the insured?
• Which term refers to an insurance producer whose authority is limited by contract to soliciting applications for insurance and performing related activities?
• Which clause prevents the insurer from contesting the policy after a specified period?
• Which form is a short-term arrangement to govern during rebuilding, not a long-term ideology?
• Which action would be described as a wrongful-life action?
• Violation of the agreement that would justify an owner's termination of the contract describes which term?
• A principal whose existence is known, but whose identity is not known to the third party dealing with the agent.
• Which form of government is described as rule by a prime minister and an elected parliament?
• All tangible or intangible property that is not real property is called what?
• What term describes a written instrument that transfers an interest in real property?
• What term refers to the control by the defendant alone of the instrument that caused harm?
• Which term refers to local ordinances or state statutes that regulate the construction of buildings within a municipality, county or state?
• Which tort involves intentional interference with another's business or with another's expected economic advantage?
• Which term describes the implied promise that the seller has legal ownership of the goods and has no undisclosed liens?
• What term describes using wrongful or fraudulent practice by a business to gain an unfair advantage over competitors?
• A law that permits service of process on a partnership by serving any one of the partners.
• Which term describes a third-party beneficiary owed a debt that is to be satisfied by performance of a contract?
• A defense to negligence that grants immunity to one spouse from the other spouse's lawsuit for torts committed before, during, and after the marriage is called what?
• Which term describes a contract in which only one party makes a promise or undertakes the requested performance?
• Which contract is fully performed by both parties and thus has no remaining obligations?
• In contract law, what is the term for something of value that is exchanged between parties?
• Who is the lender in a mortgage arrangement?
• Which contract concept is formed from the parties' conduct and surrounding circumstances rather than explicit words?
• A legal system in which the body of law is derived more from court decisions as opposed to statutes or constitutions.
• Which term describes a legally enforceable agreement between two or more parties?
• Which term means interference with use or enjoyment of land?
• Which legal doctrine allows a court to hold corporate officers personally liable for the corporation's wrongful acts?
• Which doctrine bars parties to a lawsuit on which final judgment has been rendered from bringing a second lawsuit on the same claim or related transactions?
• A legal doctrine stating that if a loss can be attributed to two or more independent concurrent causes—one or more excluded by the policy and one covered—then the policy covers the loss
• Which term protects a new, useful, and non-obvious invention for a limited time?
• Which term refers to a formal request to the court to take a specific action, such as dismissing a case or compelling discovery?
• What term describes temporary possession by one party (the bailee) of personal property owned by another party (the bailor) for a specific purpose, such as cleaning or repair?
• Consideration based on natural love or affection, or on moral duty, that is not sufficient to support a contract is called?
• Which tort is the seizure or forcible restraint of a person without legal authority?
• The act of promising not to sue or to refrain from enforcing a legal right is known as?
• A contract in which each party promises a performance.
• Which term is used for a government that is explicitly transitional and temporary after conflict?
• Which classification prescribes the steps, or processes, for enforcing the rights and duties defined by substantive law?
• Which tort involves the threat of force against another that creates a well-founded fear of imminent harmful or offensive contact?
• The failure to exercise the degree of care that a reasonable person would exercise to avoid harming others is called?
• Which term describes a contract that has not been completely performed by one or both of the parties?
• A legally binding contract between the parties to a dispute that embodies their agreement, obligates each to fulfill the agreement, and releases both parties from further obligation to one another that relates to the dispute.
• In property terminology, the person who receives a gift is called which term?
• What is the name of the period during which an insurer can challenge the validity of a life insurance policy?
• Which security represents ownership with voting rights and dividends?
• The return of specific property by court order is called?
• A doctrine treating a child as a licensee, or guest, rather than a trespasser on land containing an artificial and harmful condition that is certain to attract children.
• A defense of an obligor that may be asserted even against holder in due course.
• A form of government where representatives may be elected from several or many political parties.
• Which comparative negligence rule allows a plaintiff to recover as long as the plaintiff's fault is not greater than 50 percent of the total fault?
• What is the duty to take reasonable steps to minimize or avoid additional injury or loss?
• A local government's act that is not considered part of the business of government and that could be performed by a private enterprise.
• Which quality of evidence concerns the legal significance of proving an element of the claim?
• Which term describes the defense that shields charitable organizations from liability?
• Which term describes a temporary regime installed to oversee internal affairs after a war ends, pending political reorganization?
• A type of substantive administration agency rule that comes from a statutory delegation of authority and that has the same force as a law enacted by Congress or a legislature.
• Which term describes property that is not real property, including both tangible and intangible forms?
• Which term refers to the price one part of a company charges for products and services it provides to another part of the same company?
• Which form of emotional distress is caused by an unintentional act?
• A formal request for the court to take a particular action.
• What term means the grounds that would lead a reasonable person to believe that the plaintiff committed the act for which the defendant is suing?
• Which legal principle allows enforcement of a promise made without consideration to prevent injustice?
• Which term describes a promise not supported by valuable consideration and therefore not binding?
• A person hired to perform services for another under the direction and control of the other party, called the employer.
• Which board member is typically not an employee or officer and serves on the board?
• A person or organization in the business of transporting property of others.
• The authority implicitly conferred on an agent by custom, usage or a principal's conduct indicating intention to confer such authority.
• The claim of ownership of land by possession that is exclusive, open, hostile, unpermitted and continuous for a statutory period is known as.
• What term describes an employee who is paid a salary and does not receive overtime pay?
• Which term refers to a fact that would affect the insurer's decision to provide or maintain insurance or to settle a claim?
• Which term describes an illegal transaction in which both parties are equally at fault?
• The return of specific property by court order is defined as which contract concept?
• A legal order to a witness to appear at a certain place and time to testify or to produce documents?
• In a civil action, which party is the party against whom the complaint is filed?
• A neutral hiring test that results in underrepresentation of a protected class illustrates which theory?
• Which contract provides that the insurer pays an amount directly related to the amount of the loss?
• Tangible, movable personal property.
• What is the body of federal law that allows debtors who are unable to pay their creditors to divide their assets among creditors to discharge the debts?
• Which term describes the permission to enter land to do a specific act but not ownership?
• Which damages are designed to compensate for losses that flow from a breach but are not the direct damages?
• Which term describes a contract in which a non-party is intended to receive a benefit from the agreement?
• Property owned or acquired by both spouses during a marriage by their communal efforts. Each spouse has an undivided one-half interest in the community property.
• In a mortgage transaction, who is the borrower?
• Which term refers to a pretrial request to terminate an action because of settlement, voluntary withdrawal, or procedural defect?
• Which term describes the obligation to act with complete honesty and to disclose all relevant facts in an insurance transaction?
• In community property, each spouse has an undivided one-half interest.
• A false statement of a material fact on which the insured relies is called what?
• A defense that shields charitable organizations from liability.
• Which pretrial discovery tool involves the oral examination of a witness to produce a written verbatim record?
• Which term describes a corporate share that is owned by the holder of the share certificate and is not registered; therefore, ownership remains private?
• The act of giving up or the promise to give up a legal right is called?
• Which instrument is a long-term debt instrument that pays a fixed interest and matures on a specified date?
• Which term best describes the right of a party to sue in court over a legally cognizable injury?
• Fixtures and equipment attached to a building during a tenant's occupancy with the intention that they be removed when the tenant leaves are called?
• Which term describes a contract that contains two or more promises, each of which can be enforced separately?
• A quality of evidence that tends to establish a particular element of the claim that has legal significance?
• What is the pretrial exchange of all relevant information between the plaintiff and defendant?
• Which term describes a country used to attract foreign business through favorable regulations?
• Which term describes liability imposed in the absence of fault for extremely dangerous activities?
• Which concept prevents a party from asserting a claim inconsistent with past statements if another party detrimentally relied on them?
• Who is the lender in a mortgage arrangement?
• What is the term for a lawsuit by a parent for damages resulting from a pregnancy following a failed sterilization?
• Under anti-discrimination law, which concept allows job criteria based on sex or other protected characteristics if essential to the job?
• Which form limits each partner's personal liability for acts or omissions of other partners?
• The party in a lawsuit against whom a complaint is filed.
• Which term refers to the exclusive ownership of an original expressive work for a limited time?
• What is the rule that prevents the admission of out-of-court statements not made under oath by a person who is unavailable to testify?
• Which tort involves unauthorized entry to another's real property or forcible interference with another's personal property?
• Who is the buyer of real property after the deed is executed?
• Which term refers to the substitution of a third party for one of the original parties, releasing the original party from duties under the contract?
• What is the term for specific written questions or requests raised by one party to a lawsuit that the opposing party must answer in writing?
• Which legal principle prohibits a party from asserting a claim or right that contradicts a prior statement or conduct relied upon by another party?
• Which implied warranty applies when the seller knows the buyer's particular purpose for the product and the product is relied upon for that purpose?
• Which government type is anchored in religious doctrine and commonly led by priests or clergy members?
• Which term refers to a perception by one party to a contract that does not agree with the facts?
• Which damages are intended to punish wrongdoing regardless of the plaintiff's actual loss?
• A contractual clause that purports to relieve a party from liability for negligence is called?
• A landlord-tenant estate with no fixed termination date and automatic renewal until one party gives notice of termination.
• An act, independent of an original act and not readily foreseeable, that breaks the chain of causation and sets a new chain of events in motion is called
• A complaint brought by the defendant against the plaintiff.
• Which term is used for the legal process by which the government can seize private property for public use, often with compensation?
• Which term is defined as a provision in a general zoning plan that assigns a different use for a small area of land than that of the surrounding area?
• Which term denotes a land use explicitly permitted by a zoning ordinance but subject to certain limitations?
• Which classification of law governs private rights and provides remedies for breaches of duties owed to others?
• Which constitutional principle requires courts to adhere to established precedents?
• Which tort is described as foreseeing that one’s act will harm another person?
• Which corporate officer serves on the board of directors?
• Which document transfers ownership interest in real property?
• The intent to do a wrongful act without justification or excuse.
• A principal whose existence and identity are known to the third party dealing with the agent is called what?
• A misunderstanding held by only one party that does not reflect the facts is known as what?
• Which term denotes a nonpossessory right to use another's land for a specific purpose?
• Which term describes stock that has been issued and subsequently reacquired by the corporation?
• A plan for governing a country during a transition period after a conflict is known as what?
• A reasonable estimation of actual damages, agreed to by contracting parties and included in the contract, to be paid in the event of a breach or for negligence?
• The creation of an agency relationship when a principal adopts the act of someone who acted as if authorized but had no power or authority.
• Which liability concept allows a plaintiff to collect the entire damages from any defendant regardless of each defendant's share of fault?
• Which term describes a land use that is impermissible under current zoning restrictions but that is allowed because the use was lawful before the restrictions took effect?
• Which risk category refers to the inherent variability in operating results, including the possibility of gains?
• Which doctrine prevents injustice when a promise is made without consideration and relied upon to the promisee's detriment?
• Who borrows money from a lender to finance the purchase of real property?
• A form of government with a parliament, or a democratic legislative body, but with a monarch as a formal or ceremonial head of state.
• Which term describes a person who enters onto land for the owner's financial benefit?
• Which term describes an obligation that is not express but that the parties presumably intended, either by tacit understanding or by the assumption that it existed?
• Which tenancy type has no fixed end date and renews automatically at intervals with rent paid?
• Which type of consideration is based on natural love or affection, and does not by itself support a contract?
• Which term describes an intentional false or misleading statement about a plaintiff's product that results in financial damage?
• What is the term for a property owner's right to have land supported by the land adjacent to it?
• Which term describes the intermingling of goods belonging to different owners?
• Which term describes an event that must occur at the same time as another condition in a contract?
• Which set of laws helps prevent parties from becoming involved in fraudulently formed contracts?
• The performance of the primary, necessary terms of an agreement is called?
• Who conveys property to another in a real estate transaction?
• Which term describes a person or entity employed to act for the principal in a specific transaction or for a particular purpose?
• A type of administrative agency rule that interprets statutes, providing guidance for agency staff or regulated parties, but that lacks the force and effect of law and therefore is not binding on individuals.
• Which term describes liability imposed by a court or statute in the absence of fault when harm results from extremely dangerous, ultra hazardous, or abnormal activities?
• A contractual provision purporting to excuse a party from liability for negligence is called?
• The voluntary act of choosing between two alternative rights or privileges is known as which concept?
• Which term describes a third-party beneficiary who has no contractual rights but benefits from a contract even though that is not the intent of the parties to the contract?
• Which theory holds that a neutral employment practice that affects a protected class disproportionately can be unlawful, even without intent?
• Which term is a nonmaterial interest in real property?
• A quality of evidence that suggests the evidence is more or less likely to be true?
• A landlord-tenant estate in which the tenant has permission to occupy a premises as a landlord desires.
• Which term describes the improper use of power to deprive a person of free will and substitute another's objective, resulting in lack of genuine assent to a contract?
• An agency relationship created by a principal's words or conduct that cause a third party to reasonably believe that an agency exists.
• A type of administrative agency rule that prescribes procedures for agency operations, legislative rule making and adjudication proceedings.
• Which term describes the legal concept that the enforcement rights under a contract are limited to the parties involved?
• A person or organization that has committed a tort.
• In civil litigation, which party initiates the suit and files the complaint?
• The voluntary and gratuitous transfer of property without consideration is called which term?
• Which term describes a contract that one of the parties can reject (avoid) based on some circumstance surrounding its execution?
• What is the term for the party authorized by the principal to act on the principal's behalf?
• Which procedure is used to obtain testimony from a witness who cannot be present at trial and to create a transcript?
• Which stock has priority in dividends and liquidation but is generally nonvoting?
• An unreasonable and unlawful interference with another's use or enjoyment of his or her real property?
• Which ownership type provides the most complete and unrestricted form of property ownership?
• Which term is an exception to the application of a zoning ordinance to permit an otherwise prohibited use within the zone?
• During postwar rebuilding, a government established to oversee the transition and stabilize institutions is known as what?
• Which rule posits that harm is the natural and probable consequence of the defendant's act and should be foreseen by an ordinarily prudent person?
• A harassment environment that is severe or pervasive enough to alter employment conditions is known as what?
• Which term refers to a temporary government established to manage state affairs during reconstruction after a war?
• In a real property transfer, which party is the purchaser after completion of the sale?
• Which term describes a nuisance that is present at all times and under any conditions, regardless of location?
• What term describes a workplace situation where sexual favors are demanded in exchange for job benefits?
• Which jurisdiction allows federal courts to hear cases involving parties from different states when the amount in controversy meets a required minimum?
• Which right is granted by the United States government for a period of years to exclusively own and control an original written document, piece of music, software, or other form of expression?
• Which classification of law creates, defines, and regulates parties' rights, duties, and powers?
• A party's unequivocal indication before contract performance is due that he or she will perform when performance is due is described by which term?
• Which director is not an employee or officer and serves on the board?
• Which term describes a legal procedure by which a government body seeks a court's permission to seize private property for public use?
• What term describes a contract between two parties that benefits a third party?
• Which term is an exception to the application of a zoning ordinance for lots that, because of size, topography, or other physical limitations, do not conform to the ordinance requirements for the zone?
• Ownership, usually of real property such as an apartment building, by a corporation, the stockholders of which receive long-term proprietary leases to a portion of the property and a proportional vote in its affairs based on the number of shares owned.
• Which term describes a corporate share on which records are kept indicating the share's owner and its selling and buying price?
• Which term describes a corporate share that is owned by the holder of the share certificate and is not registered; ownership remains private?
• What term describes the obligation to pay a negotiable instrument only if someone else refuses to pay or accept the instrument?
• A third party's reasonable belief that an agent has authority to act on the principal's behalf.
• Which structure consists of one or more general partners with unlimited liability and one or more limited partners with liability limited to contributed capital?
• Which form of government is characterized by elected representatives who have no political party affiliation?
• Which term refers to a person who benefits from a contract but is not a party to it and can enforce it if breached?
• A legal document that provides title to the goods in storage and assures delivery to the holder of the receipt.
• Which term describes a security device by which a borrower guarantees payment by delivering collateral?
• Which term describes a promise that requires some action by the intended recipient to make an agreement?
• The voluntary and gratuitous transfer of property without consideration is known as which term?
• Which act describes an action beyond the scope of the corporation's charter?
• Which form is described as ownership where stockholders receive long-term proprietary leases and votes based on shares?
• What is the improper institution of legal proceedings against another?
• Which term describes a perception by both parties to a contract that does not agree with the facts?
• A written law passed by a legislative body at either the federal or state level is called a
• Which term describes the chance of financial loss?
• Which rule permits recovery of reduced damages when the plaintiff's negligence is not greater than the other party's negligence?
• A document acknowledging receipt of goods from the shipper, given by the carrier which includes the terms of the contract of carriage for the goods.
• A statute that requires a plaintiff to file a lawsuit within a specific time period after the cause of action accrues, often when the injury occurred or was discovered.
• Which term refers to allowing a legally permitted use under specified conditions in a zoning plan?
• A formal written statement of the facts and claims of each party to a lawsuit.
• The person or entity who files a lawsuit and is named as a party.
• Which damages are used to compensate the plaintiff for direct, actual losses?
• Which term is used for the set of local regulations that govern construction standards?
• Which verdict entails a complete finding and a single conclusion by a jury on all issues presented?
• A person invited as a member of the general public for a purpose the land is open to the public is best described as which invitee?
• Which term describes an event that, if it occurs, discharges a duty of performance in a contract?
• Which term best describes an act, decision, recommendation or omission made by a government official within the authority of that office?
• Which term refers to a legal representative of one or more insurers who has a contractual agreement to sell insurance?
• The party to a contract who makes a promise or acts in return for something offered by another party is called?
• Which description best defines diversity jurisdiction?
• Authority (express or implied) conferred by the principal on an agent under an agency contract.
• Which form of government is characterized by rule based on religious doctrine and leadership from religious figures?
• The legal entitlement attached to the expressed form of an idea or other intangible subject matter is called which term?
• An increase or addition to property is known as which term?
• What term describes the relationship that exists between the parties to a contract?
• Which term describes a body of law that resolves questions when states' laws conflict?
• Which term describes authority that the principal specifically grants, either in writing or orally?
• A person hired to perform services for another under the direction and control of the hirer, but not subject to control regarding work details.
• Which term refers to the unlawful exercise of control over another person's personal property to the detriment of the owner?
• Charging an illegally high rate of interest on a loan is known as?
• Which doctrine addresses coverage when two independent concurrent causes exist, with one excluded by the policy and one covered?
• Which term best describes a government that is defined by religious authority and clerical rule?
• Which legal doctrine imposes vicarious liability on an employer for employee torts committed within the scope of employment?
• Which term means permission to enter land for own purpose?
• Which rule of evidence limits the terms of a writing to those expressed in writing?
• Which term describes stock that the company has issued and subsequently reacquired by the corporation for its own use?
• A party to a contract who has the basic or minimal ability to do something and the mental ability to understand problems and make decisions is a?
• The shipping term where payment is due on delivery and the buyer cannot inspect prior to payment is known as what?
• What is the term for the federal court power to hear cases involving parties from different states when the amount in controversy meets a threshold?
• Which doctrine requires both parties to share financial responsibility for bodily injury or property damage according to their respective degrees of fault?
• Procedures to help settle disputes without litigation, including arbitration, mediation, and negotiation, are collectively known as what?
• Which rule permits the plaintiff to recover damages reduced by the plaintiff's own percentage of fault?
• Which term is defined as a false written or oral statement that harms another's reputation?
• Which term describes the voluntary choice between two rights or privileges?
• Which term refers to the substitution of a third party for one of the original parties to a contract, releasing the original party from rights and obligations under the contract?
• Which tort refers to the use of civil or criminal procedures for a purpose for which they were not designed?
• What term describes a government's regulation of building construction and occupancy and of land use according to a comprehensive plan?
• Which term describes alterations or additions made to a building by someone who does not own the building and cannot legally remove them?
• Which stock generally does not vote but has priority in dividends?
• What term refers to the nominal value assigned to a share?
• What document authorizes one person to act as another person's agent or attorney-in-fact?
• Which term describes routine or mechanical tasks performed by agents?
• Which written plan outlines how an employer will meet hiring goals for protected groups?
• An illegal transaction in which both parties are equally at fault is described as what?
• Which term describes a government based on a religious doctrine and led by religious leaders?
• Which type of administrative rule arises from statutory delegation and has the force of law?
• Which system is where citizens directly elect a president?
• The temporary transfer of a property's custody.
• Which concept allows a minimum job qualification to be necessary for performance and is permitted under anti-discrimination laws?
• Which rule permits recovery only when the plaintiff's negligence is slight in comparison with the other party's gross negligence?
• Which estate represents full ownership with the unconditional right to dispose of the property?
• Which form of government is explicitly centered on religious authority and leaders?
• The takeover is the assumption of control by one corporation over another through merger, acquisition, or some other type of transaction.
• Which term covers the law that involves disputes between individuals or corporations in different countries?
• Which term covers entry onto another's real property or interference with personal property?
• The oral or written permission to enter onto another's land to do a certain act, but not the granting of any interest in the land itself.
• What term denotes a legal action that voids a principal's bid?
• A plaintiff's legal grounds to sue a defendant.
• Which tort describes an unreasonable and unlawful interference with use or enjoyment of real property?
• Which tort is specifically concerned with harming a plaintiff's reputation through disparagement of intangible property rights?
• The right granted to an inventor for a limited time to exclusively own and control a new, useful and non obvious invention is known as what?
• Which term describes the party to a contract who promises to perform?
• Which term describes a temporary political authority installed after a war to oversee the transition to a permanent government?
• Which term describes fairness and the body of principles constituting what is fair and right?
• Which doctrine requires lower courts to follow precedents set by higher courts?
• In tort law, the communication of a defamatory statement to another person is known as?
• Which concept is used to measure negligence by comparing behavior to a hypothetical reasonable person?
• A group of torts involving disparagement that harms legally protected intangible property rights is called?
• A form of partnership limiting each partner's personal liability for acts or omissions of other partners.
• Which ownership interest gives stockowners voting rights and dividends?
• In property law, the intermingling of goods belonging to different owners is called which term?
• A form of government led by a single ruler who selects advisers for assistance.
• Which defense bars a plaintiff's recovery for harm when the plaintiff voluntarily incurred the risk?
• What is the term for an agreement to substitute performance other than the required contract performance and the carrying out of that substitute?
• Which doctrine allows an inference of negligence based on the accident and the defendant's control, typically without direct evidence of fault?
• Which party to a contract is defined as the one who promises to give something in return for a promise or act by another party?
• What term describes consideration that is necessary and sufficient to support a valid contract?
• An agreement between an employer (the principal) and an employee (the agent) to protect the employer's confidential information after termination is called?
• An act, a decision, a recommendation or an omission made by a government official or agency within the authority of that office or agency.
• What is the term for a property owner's right to have land supported by the earth below it?
• Which term describes an event that discharges a duty of performance when it occurs?
• A government structure intended to bridge governance during postwar stabilization is called what?
• Which shipping arrangement requires payment on delivery and eliminates the right to inspect before payment?
• Which term covers false statements that damage only a business's product claims and finances?
• Which term describes an event that must occur at the same time as another condition?
• Which rule prevents consideration of prior or contemporaneous oral agreements that contradict a written contract?
• Which form of real property ownership involves individually owned air space within units and jointly owned common areas?
• A form of government led by a hereditary chief of state with powers varying from absolute to ceremonial.
• A court-ordered equitable remedy requiring a party to act or refrain from acting?
• Which term refers to tangible property consisting of land, structures permanently attached, and what grows on the land?
• A legal doctrine under which an employer may terminate any employee at any time for any reason or for no reason.
• A creditor's legal right or interest in another's property that secures the payment of a debt is best described as which term?
• A security agreement that has been filed with the appropriate court to provide the surety a priority interest over others who may also have security interests in the property.
• A person who intentionally enters onto the property of another without permission or any legal right to do so.
• Who is the party to a contract to whom a promise is made?
• Which term describes a person or entity employed to act for the principal in a specific transaction or only for a particular purpose or class of work?
• Which term describes a zoning action that assigns a different use to a small area compared with surrounding land?
• Which organization coordinates insurance regulation activities among state insurance departments?
• The liability of multiple defendants either collectively or individually for the entire amount of damages sought by the plaintiff regardless of their relative degree of responsibility.
• Which term refers to an offer to perform one's duties under a contract?
• Which term refers to the price one part of a company charges for products and services it provides to another part of the same company?
• A person who is not a party to a contract but who benefits from it and has a legal right to enforce the contract if it is breached by either of the contracting parties.
• Which principle ensures that an insured cannot profit from insurance and the payout does not exceed the loss?
• Who is the party temporarily possessing the personal property in a bailment?
• Which rule identifies proximate cause by determining whether the defendant's act was a significant factor in causing the harm?
• Which term describes a security interest that has been filed to provide priority over others?
• In a life estate, the life tenant is entitled to possession and to the income from the property for the duration of their life; the interest terminates upon what event?
• A contract that one or more parties must perform only under certain conditions?
• Which doctrine imposes extra care for children due to artificial hazardous condition?
• Which term refers to an appellate court's order directing a lower court to deliver its record for appellate review?
• Which concept refers to intentionally obstructing another's existing or potential business relations for gain?
• The holder who possesses a negotiable instrument for value, in good faith and without notice of defects, is best described as which term?
• Which term describes the formal written document that initiates civil litigation by stating the plaintiff's claims against the defendant?
• Under the UCC, which topic is primarily addressed for commercial exchanges in the United States?
• Under which proximate cause rule is the harm considered a natural and probable consequence and foreseen by an ordinarily reasonable person?
• A concurrent ownership of property, in equal or unequal shares, by two or more joint tenants who lack survivorship rights.
• Which term describes the body of law developed from prior court decisions that establish precedents for future cases?
• Which policy pays a stated amount in the event of a specified loss, regardless of the actual value of the loss?
• Which term describes the questioning of one's own witness during trial to establish testimony?
• Laws that develop out of court decisions and establish precedents for future cases are called
• Which ADR method uses a neutral to help disputing parties reach a voluntary agreement?
• Which doctrine bars recovery if the plaintiff's own negligence contributed to the harm?
• Which term describes a government that permits no more than one party to participate in politics?
• A statute that requires filing within a specific time after a wrongful act by a defendant, such as improper construction of a building, regardless of when the injury occurred or was discovered.
• Anything interfering with another person's use or enjoyment of property.
• An act that is directed by law or other authority and that requires no individual judgment or discretion about whether or how to perform it.
• Questioning an opposing party during a legal proceeding to bring out information favorable to the questioner's own position or to challenge the witness's testimony?
• A proximate cause is defined as a cause that, in a natural and continuous sequence unbroken by any new and independent cause, produces an event and without which the event would not have happened.
• Which term describes a currency based on the fixed exchange rate of another country's currency?
• Which term describes negligence that exists when a defendant violates a law or ordinance?
• An obligation imposed by law for the preservation of the legal protected rights of others.
• Which tort describes the use of civil or criminal procedures for a purpose they were not designed?
• A concurrently owned and undivided interest in an estate that transfers to a surviving joint tenant upon the death of the other.
• Which tort is the restraint or confinement of a person without consent or legal authority?
• A government organized primarily around religious leadership and doctrine is best described as which?
• A defense that, in certain instance, shields organizations or persons from liability.