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Law Exam 3
| Term | Definition |
|---|---|
| Concepts of a Lease | Separates ownership from usage; allows the use of an asset with financial obligations made to the owner. |
| Private Nuisance | Claim that arises when one property in unreasonably interfered with marketing the property inhabitable or inoperable. |
| Fee Simple | The owner has the fullest legal rights and the power to possess, use, and transfer the land. |
| Life Estate | When the ownership is granted to an individual for the duration of their lifetime. |
| Reversion Interest | When the life estate owner dies, the property ownership returns to the original owner. |
| Remainder Interest | When the property ownership is given to a 3rd party once the life estate owner dies. |
| Leasehold Estate | The property and property rights granted to tenants by a landlord. |
| Concurrent Ownership | More than one owner can own the same thing. Ownership is undivided. Shareholder of a corporate are concurrent owner as are partner of a partnership. |
| Joint Tenancy | The property interest in undivided, and all owner have equal ownership shares. They also have right of survivorship |
| Rights of Survivorship | When one owner in concurrent ownership dies, the remaining ownership shares are given to the living owners. |
| Tenancy In Common | The property interest is undivided, but owners can have different and unequal ownership shares, and they do not have rights of survivorship. |
| Rule of Capture | Allows landowner to extract subsurface fluids and gases from underneath land adjacent from their property. |
| Briggs v. Southwest energy | Example of the Rule of Capture |
| The Fair Debt Collection Act | Regulations for debt collection practice established as a result of harassment and personal abuse claims. |
| 1 thing collectors cant do | use obscene language |
| 2 thing collectors cant do | threaten the debtor with abuse or arrests |
| 3 things collectors cant do | Falsely represent themselves as an attorney |
| 4 things collectors cant do | Fail to disclose their identity as a collector. |
| Equity Security | Represent ownership of a company; it grants potention earnings from dividends and voting rights. |
| Debt Security | Represents a loan an investor makes to an issuer. The issuer agrees to pay the principle and interest. |
| Hybrid Security | Combines Equity and Debt through fixed regular payments and perpetual terms |
| Derivative Security | Financial contracts with varying value dependent on underlying assets like interest rates. |
| Equity example | Common Stocks, Mutual Funds. |
| Debt Example | Bonds, Debentures. |
| Hybrid Example | Convertible Bonds, Preferred Stocks |
| Derivative Example | Options and Futures. |
| Sole Proprietorship Creation | The Owner obtains any necessary licenses or certifications and begins business |
| Sole Proprietorships Liability | All financial and legal obligations fall on the sole owner. |
| General Partnerships Creation | All partnerships must have: 2 or more owners, equal business interest, and sharing of profits and loses |
| General Partnership Liability | Financial and legal responsibility calls on both/all owners as individuals |
| Corporations Creation | The state will grant a charter in respond to an application of individuals known and incorporators. Paying fees and taxes. |
| Corporation liability | The debt falls on the owner only to the extenso of those established shareholders investments. |
| Piercing the Corporate veil | When a corporation or company is not operations appropriately, you can sue the owner individually to receive debt/damages in the case that the corporation does not have the means. |