LARE EXAM 1 2024/2025 WITH 100% ACCURATE SOLUTIONS, Exams of Nursing

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LARE EXAM 1 2024/2025 WITH 100%

ACCURATE SOLUTIONS

Outline the business relationships between the three principal parties that are involved in a landscape construction project (Their obligations) - Precise Answer ✔✔1. Owner/ client - initiate the project ; signs separate contracts for completion, & responsible for funding design & construction

2. Contractor - hired by owner to combine necessary ingredients of materials , labor, equipment, and management to accomplish job
3. Landscape architect - deals w/ both. only contractual relationship is w/ owner - finical feasibility, preliminary designs, preparation of documents, onsite observation What is professionalism? What Relationship does it have with ethics? - Precise Answer ✔✔Professionalism is someone who is ethical, has advance training, a high level of competence, mental services rather than manual labor, qualifications & licensure, & same quality of service to all regardless of fees. Professional ethics - defined rules that govern business conduct and values used to achieve goals Describe the difference between direct cost and overhead cost in a contractor's cost accounting system - Precise Answer ✔✔Direct cost - materials, labour, equipment Overhead coast - expenses not directly charged to field operations Name 4 sources for appropriation of funds to finance public works projects. - Precise Answer ✔✔1. annual tax receipts - Tax revenues received by government from all sources
4. General Obligation bonds - is a type of municipal bond that is backed entirely by the issuers creditworthiness and ability to levy taxes on its residents

3.Revenue Bonds - municipal bond supported by the revenue from a specific project, such as a toll bridge, highway or local stadium.

4. Special Appropriation Tax - place on the public for a limited time and a specific project (i.e. 1% sales tax increase for 2 yrs. to build zoo ) 5.User Fees - money collected from users of a particular facility.
5. Grants, matching funds, gifts or a bestowal List the 4 sources of law in the US and Outline how each functions - Precise Answer ✔✔1. Federal & State Constitutions - establishes fundamental rights, sets up a legislator for making laws
6. Court Decisions - interpret constitution, legislative law, and the principles of common law 3.Federal, State, & local statues-
7. Executive Order - issued by president Addendum - Precise Answer ✔✔A written document issuing changes to the plans and/or specifications after they are put out for bid but before the contract is signed. Addendum acknowledgment must be indicated on the bid form Administrative Agency - Precise Answer ✔✔A regulatory agency established by statute. A department of government formed to administer a particular area. An example of a federal administrative agency would be the environmental protection agency who endeavors to control pollution by research, monitoring, standard setting and enforcement activities. Similar agencies also exist at the stat level Agent of the owner - Precise Answer ✔✔A person authorized by the owner to act as the owner's representative to bring about performance of contractual obligations.

Arbitration - Precise Answer ✔✔A procedure whereby contracting parties may submit a dispute to an impartial board for a decision. An alternative to a suit in a court of law. this method makes it possible to avoid many of the legal formalities, delays, and expenses which result from litigation Article - Precise Answer ✔✔major subject with a part of a specification section consisting of one or more related paragraphs and subparagraphs. Bid - Precise Answer ✔✔An offer to perform a contract. Generally includes both labor and supplying materials for a specified price. may be referred to as a proposal Bid documents - Precise Answer ✔✔the advertisement, instructions to the bidder and dib form bid form - Precise Answer ✔✔the contractor fills out this form to submit the bid. a written instrument so that all bids will be prepared in a similar manner. A uniform format allows accurate comparison of bids. in the past, proposal or bid proposal has been used extensively. capital - Precise Answer ✔✔Designate goods and assets used by private works for the productive of profits. It's the owner's equity in a business or the total assets of a business. change order - Precise Answer ✔✔A written document issuing changes to the plans and /or specifications after the construction contract is awarded. It is prepared by a landscape architect and signed by the owner and contractor. civil law - Precise Answer ✔✔Governs citizens, in their relations with each other. The injured party must bring suit against another party for damages. In civil action the injured party, called the plaintiff, brings suit to recover compensation for the violation of duty cause by the wrongful conduct of the other, referred to as the defendant. The principle form of relief is money. client - Precise Answer ✔✔Initiates the project, signs separate contracts with the landscape architect and contractor for its completion. Responsible for funding both the design and the construction operations. The owner may be an individual or an organization in the private or public sector. common law - Precise Answer ✔✔Law derived from traditional usage and customs as representing what is right and wrong in human relationships. Its principles have been established by gradual adoption and

verified by decisions in the courts of justice, without legislative action. Common law is recognized by all courts, but differs in many details from state to state. competitive bid contract - Precise Answer ✔✔A type of contract that is straight-forward and business like whereby the owner takes his chances in an open market situation; paying a fixed price for a definite service. Abnormally Dangerous Activity Rule - Precise Answer ✔✔Certain activities present an unusually high risk of danger in a particular locale eg, use of explosives in a highly populated area. In such case, the party engaging in the activity may e strictly liable for damages cause by the activites. In other words, that person is liable even if the injured party cannot prove intent to harm or negligence Abstract - Precise Answer ✔✔A document summarizing the chronological and legal history of a parcel of land used to evaluate the validity of a title or type of deed to be issued. Acceptance (of an offer for a contract) - Precise Answer ✔✔Acceptance occurs when the person to whom an offer is made (the offeree) manifests their agreement to the contract terms proposed by the offeror. Under the objective theory of contract law, whether acceptance has occurred is judged by a reasonable person standard, not by the subjective intent of the offeree am and be made by written or spoken words (express) or by behavior (implied) Accord and satisfaction - Precise Answer ✔✔an enforceable agreement by all parties to a dispute to settle a dispute. The terms of the settlement must require each part to give up part of their original claim. In other words, the parties agree to new terms (the accord) and to give up prior claims Account Receivable Insurance - Precise Answer ✔✔Indemnifies for losses that are due to an inability to collect from debtors because records have been destroyed by an insured peril. Accreditation (of Schools) - Precise Answer ✔✔The offical authorization of professional education programs by that profession's sanctioning body, certifying that an accredited program satisfactorily teaches the curriculum deemed necessary for professional preparation Actual Cash Value (ACV) coverage - Precise Answer ✔✔The replacement cost of property less an allowance for actual deprecation

Ad Valorem Tax - Precise Answer ✔✔are levies made in proportion to real estate value for support of public purposes. Additional Insured - Precise Answer ✔✔Person who has an insurable interest in the property/person covered in a policy an who is covered against the losses outlined in the policy AD-HOC Memer - Precise Answer ✔✔Member who is automatically a member of the committee, etc. because of his or her position within the organization; an officeholder Admitted insurer - Precise Answer ✔✔An insurer that is licensed to do business in a particular state Adverse possession - Precise Answer ✔✔Possession and use of real estate by a non owner is adverse possession. Both the owner and the person possessing are private individuals. In various jurisdictions such use and possession will result in ownership by the user after a specified period of time (often 15 years). advertisement - Precise Answer ✔✔The notification to contractors that the owner is taking bids for a project. The advertisement usually is published in newspapers and construction industry outlets available to contractors. Affirmative Defenses - Precise Answer ✔✔An affirmative defense will bar an otherwise valid claim. It is called "affirmative" because the party claiming the defense has the responsibility to bring it to the court's attention Age of majority - Precise Answer ✔✔upon attainment of this age, as specified by stat statuete, a person is no longer a "minor" or an "infant" in the eyes of the law Agency Relationship - Precise Answer ✔✔A contractual relationship between a person and an owner which authorizes that person to act as the owner's representative to bring about performance of contractual obligations Aggregate Limit - Precise Answer ✔✔A yearly limit, rather than a "per occurrence" limit, representing the most the insurer will pay during one policy year

Alternatives (Bid) - Precise Answer ✔✔Where the possibility exists of a need to change the bid price, the design professional may identity an alternative to a specified material or construction method. The bidders will figure their bid including the specified material or construction method and then indicate an amount to deduct from or an amount to add to the bid price if the alternative is used. Americans with Disabilities Act (ADA) - Precise Answer ✔✔Federal legislator which regulates for the accommodation of people with disabilities such as various forms of mobility problems, sight and hearing impaired. the act which resulted in volumes of design rules which are periodically amended have a profound effect on the codes regulating building and site design. The most recognized results of ADA are handicapped parking, ramps, grab bars, restroom and hallway dimensions, water fountains, traffic crossing sound signals, pavement patterns and braille Anti-Assignment - Precise Answer ✔✔These provisions are commonly included in contracts and are also known as "anti-alienation" provisions. They commonly provide that a party to the contract may not transfer their interest in the contract to a third party without consent of the other party to the contract Anticipatory Repudiation - Precise Answer ✔✔When the promised time of performance of a contract has not yet arrived, and the person who made that promise unequivocally announces their intent not to perform, they have anticipatory repudiated the contract. Generally, this discharges the duties of the other party and gives them the right to sue for breach immediately. Appellate Court - Precise Answer ✔✔Court whose only pwer is to review the decision of a lower court Appraisal - Precise Answer ✔✔The process of determining value for real estate. The most common value determining methods are the cost of replacing real estate, the recent sale of comparable real estate and the value of the real estate based on the income it produces. Apprenticeship - Precise Answer ✔✔The term or period of time during which a beginner or entry level practitioner serves under the discretion of a licensed professional ARCOM - Precise Answer ✔✔ARCOM is a Salt Lake City, Utah based firm that publishes the Master specification system and develops companion software systems for specification editing and production Articles of incorporation - Precise Answer ✔✔An application for incorporation of a business. The application usually contains the name, the corporations purpose, duration, capital structure, place of

business, number and type of shares to be issued and proposed directors of the corporation being formed As Built Documents - Precise Answer ✔✔A project is often the result of what was originally designed as well as the planned and inadvertent but accepted changes made during construction. For the purposes of accurately recording the actual results of what was implemented, the project is measured and a final set of plans and drawings are made. Often these drawings showing the project as it exists are merely notations on the construction drawings. Accurate documents are often critical for maintenance purposes and later phase plans. Assult - Precise Answer ✔✔An intentional tort. A person threatens or creates in another a reasonable apprehension of immediate physical harm or offensive contact. Assessment District - Precise Answer ✔✔is an adopted and defined area within which monies (in excess of the amounts normally taxed) are collected for the purpose of underwriting additional services or building elective public improvements. A neighborhood electing to install and finance its own sidewalks or added foot patrol security in a downtown area are two examples. Assignee - Precise Answer ✔✔When a contractual duty has not yet been performed i.e., it is executory) , the person to whom that duty is owing (the obligee) often transfers their rights to receive performance to a third party. The person to whom the transfer is made is known as the assignee in this situation. Assignor - Precise Answer ✔✔When a contractual duty has not yet been performed (i.e., it is executory), the person to whom that duty is owing (the obligee) often transfers their rights to receive performance to a third party. The obligee is known as the assignor in this situation Association (or society) - Precise Answer ✔✔A formal organization created to transact or carry on some common interest or formed for the pursuit of business of mutual concern for group of professionals. Assumption of the Risk - Precise Answer ✔✔This is a complete bar to a negligence claim. If a plaintiff knew about a risk and voluntarily encountered it, the plaintiff assumed the risk. Baselines - Precise Answer ✔✔East-West Survey lines establised in much of the unsettled parts of the U.S. in the 1800's as regional North-South Reference or bases for an efficient system of property descriptions.

Battery - Precise Answer ✔✔An intentional tort. a person makes harmful or offensive physical contact with another. Bid amount - Precise Answer ✔✔The total amount of a bid Bid Bonds - Precise Answer ✔✔Bonds required of a contractor and attached to the bid. The purpose of these bonds is to make sure that the contractor is making the bid in good faith and will sign a contract if his or her proposal is accepted. If a contractor refuses to sign a contract, bid bond is forfeited. Bond amount is usually five to ten percent of the bid amount. Bid rigging - Precise Answer ✔✔to manipulate a bidding process dishonestly for personal gain Bidder - Precise Answer ✔✔A contractor preparing or submitting a bid is usually referred as a bidder Bilateral contract - Precise Answer ✔✔at the moment a contract is made, one party often exchanges a promise to perform in the future (an executory promise) for a promise from another to perform in the future. in other words, each party is both an obligor and an obligee. This exchange of exectory promises is known as a bilateral contract. Board of Directors - Precise Answer ✔✔Control of a corporation is with the board of directors. they conduct the corporate business. Considered management. Stand in a fiduciary relationship to the Stockholders. Control of the corporate operation by the board of directors is comparable to an individual's control over their own proprietorship Breach of contract - Precise Answer ✔✔failure to observe the terms. when one party either fails or refuse to perform their obligations under the contract or when his/her acts makes performance impossible Breach of Duty - Precise Answer ✔✔One of the elements of a prima facie case of negligence is breach of duty. In a negligence case, the test is whether the defendant met the standard of care which a reasonable person in the community would have exercised in a the same situation. This is often a question of fact for the trier of face (the judge or jury)

Builder's risk coverage - Precise Answer ✔✔coverage against loss to buildings and equipment in the course of construction, and to construction materials Building and personal property policy (BPP) - Precise Answer ✔✔coverage for direct property loss consequences of damage to the insured's real property, business personal property, and property of others. Building codes - Precise Answer ✔✔regulate the manner in which site improvements usually structure are constructed. they are typically nationally developed documents modified for particular regions and adopted locally for regulatory use. building codes include, among other things, design and materials specifications, internal tenat and mechanical circulation, electrical requirements, light and inhabitable space requirements, vertical circulation, restrooms as well as heating ventilating and air conditioning. Business continuity insurance - Precise Answer ✔✔Agreements stating that a deceased owner's share in a firm is to be purchased by one or more specified individules at a given price during the estate settlement process Business income coverage (BIC) - Precise Answer ✔✔Coverage for the loss of revenue and extra expenses incurred as a result of an insured loss to business property. Business owner policy (BOP) - Precise Answer ✔✔A package policy which includes many of the more common coverage required by a small business, including property damage coverage, business income coverage, an liability coverage. Canon - Precise Answer ✔✔A rule or principle, especially one accepted as fundamental. A maxim stating in general terms the standards of professional conduct capacity - Precise Answer ✔✔when the law gives a person the legal ability to perform an act, they are said to have capacity. Capicity is generally based on age or mental soundness. For example, state statues generally require a person to have reached the age of majority. to enter into most contract. It is important to understand that a person may have capacity for one reason (testamentary capacity)while not having capacity for another reason (contractual capacity). Capital - Precise Answer ✔✔Designate goods and assists used by private works for the production of profits. It's the owner's equity in a business or the total assets of a business.

Captive agent - Precise Answer ✔✔An insurance salesperson that has agreed to sell insurance for only one company Cash allowance - Precise Answer ✔✔sometimes in bidding, the exact extent of the work cannot be easily determined because of decisions that will be made after the contract is signed; i.e. shop drawings for a specific item. When this occurs, all bidders are required to include a set sum in the bid to cover expenses and profit for the item or items. The contract sum would be adjusted in conformity when the item is completed. Causation - Precise Answer ✔✔This is one of the elements of a prima facie case of negligence. The injured party must prove that the tortfeasor was both the cause in fact and the proximate cause of the injury Cause in Fact - Precise Answer ✔✔This means "actual cause" and is tested by a "but for" test. The injured party must show that "but for" the defendant's behavior, the injury to the plaintiff would not have occurred. Certificate of incorporation - Precise Answer ✔✔Signed by the secretary of state, this document confers the expressed powers and authority of the organization. It is the official authorization of the corporation to do business in the state. It may be referred to as the charter. Certification - Precise Answer ✔✔The issuing of a certificate whereby the state indicates that a professional has met the requirements of that state's professional practice law, having successfully completed a process in order to be certified to practice that profession and use the title. Uncertified individuals may practice the profession but may not use the title Change Order - Precise Answer ✔✔A written document issuing changes to the plans and/or specification after the construction contract is awarded. It is prepared by a landscape architect and signed by the owner and contractor. Civil Courts - Precise Answer ✔✔Courts which hear cases in which the rights and liabilities of individuals is in dispute. The individual must bring suit, not the state. The punishment is exacted in monetary amounts, not with prison time.

Civil Law - Precise Answer ✔✔A law that governs relationships between individuals and defines their legal rights. Principle form of relief is money Civil Law System - Precise Answer ✔✔In some countries, law is found only in codified rules e.g., statutes. Decisions of courts in disputed cases do not create binding precedent. those countries have civil law systems Civil Liability or remedy - Precise Answer ✔✔In many cases, a person's behavior is both a wrong against society and a wrong against a private party. The government will prosecute the wrong does for the crime and impose penalties such as fines and imprisonment. The injured private party will pursue a claim for legal relief (monetary damages) or equitable relief e.g. an injunction This private claim is the civil liability of the wrongdoer. Claims-made basis - Precise Answer ✔✔Policies written on this basis pay based on the year in which the claim for damages is made, and not based on when the event that resulted in the damages occurred. Classical Education - Precise Answer ✔✔A traditional education that included the ability to read and speak Latin, an understanding of greek, and an appreciation of the arts. Closed bid opening - Precise Answer ✔✔a bid opening that is not open to the public and the successful bidder is notified by phone or mail. Closed Proprietary specification - Precise Answer ✔✔A specification that names a brand name product and does not allow a substitution of that product Collateral - Precise Answer ✔✔It is common for a debtor to agree too provide the creditor with security for a loan. In other words, the debtor agrees that the creditor may take certain property of the debtor upon default. That property is called collateral Collateral Agreement (To Pay the debt of another) - Precise Answer ✔✔One type of agreement that is commonly covered by the statue of frauds is a "collateral agreement to pay the debt of another" It is common for one person (often called a guarantor) to promise a creditor that they will pay a debt if the pricipal debtor defaults. That guarantee is a c" collateral agreement to pay the debt of another" when the main purpose of the promise is to benefit the debtor, not the guarantor. Such an agreement must be evidenced by a writing to be enforceable.

Collusion - Precise Answer ✔✔A secret agreement between two or more persons or parties for fraudulent purposes. Commercial General Liability (CGL) - Precise Answer ✔✔A business liability policy designed for a wide variety of business uses, covering premises operations, product liability, completed operations, and operations of independent contractors. Commercial Impracticability - Precise Answer ✔✔A promise is viewed as "impossible" under the common law of contracts when it is objectively impossible to perform ( as opposed to the merely difficult to perform). The common law generally required impossibility to excuse failure to perform a contract. When a contract is covered by Article 2 of the uniform commercial code, failure to perform may be excused by "commercial impracticability" This exists when the duty , although not objectively impossible to carry out is extremely difficult and performance would be unreasonable due to circumstances which the parties did not bargain about at the time of making the contract Commercial Paper - Precise Answer ✔✔An item such as a check or promissory note or certifcates of deposit is "commercial paper" (also commonly referred to as a "negotiable instrument") if that item meets the standards described in Article 3 of the uniform commercial code. IF an item meets those standards, it may be transferred to a person known as a "holder in due course" and the new holder (if they meet the requirements of Article 3) takes the item free of any personal defenses available to the original obligor. Common law system - Precise Answer ✔✔IN some countries, such as the USA law is found in both codified rules e.g., constitutions, statutes and administrative rules, and in prior appellate court decisions. since such prior court decisions create binding precedent, this is called a common-law system Comparative Negligence - Precise Answer ✔✔in negligence case, the defendant often asserts that the plaintiff's own failure to behave in a reasonable manner contributed to the plaintiff's harm. In a state which has a comparative negligence rule, this failure by the plaintiff (if proven) reduces the damages the plaintiff may collect from the defendant. Compensatory damages - Precise Answer ✔✔These are damages designed to compensate the plaintiff for the losses resulting from the defendant's act. in a tort case, compensatory losses commonly included losses such as lost income and pain and suffering.

Competitive nature - Precise Answer ✔✔The business arena of this country where two or more business openly compete for the same customer or contract Competitive state funds - Precise Answer ✔✔state operated workers' compensation insurers that function as an alternative to private insurers in those states where they exist. Complete integration - Precise Answer ✔✔Signing of a written contracts is frequently preceded by a period of negotiation. If a contract is a complete integration, this means that the parties intended the contract to supersede all matter discussed previously. In other words, the completely integrated contract is one which the parties intend as a complete and exclusive statement of the agreement. If that is what the parties intended the written contract may later not be varied by any prior oral discussions. It is common to include a " complete integration" clause in a contract to make this intent absolutely clear. Comprehensive - Precise Answer ✔✔applies to all automile physical damage losses except collison and others that are specifically excluded. Condemnation - Precise Answer ✔✔in the context of real estate ownership refers to a basic power of government to take property for a public purpose and a to provide the owner with an appropriate and fair amount of money or tother valuable consideration for the land and its improvements (just compensation) Conservation Easement - Precise Answer ✔✔A development restriction or prohibition pruchased from or granted by a property owner to accommoate the preservation of a natural resource or as site not suitable for development. The owner retains a land title and may not develop the property in exchange for payment and/ or valuable consideration such as tax savings Consideration (real) - Precise Answer ✔✔something of value, i.e., a sum of money or a specific thing, that makes an informal promise legally binding. That to which one is already entitled is considered unreal consideration Contingency allowance - Precise Answer ✔✔allowances made by the contractor and added into the construction cost for unforeseen events Contingent Business Income Coverage - Precise Answer ✔✔Coverage for losses that result form losses to a supplier or customer upon whose continued operation the firm depends.

Contract - Precise Answer ✔✔An agreement between two or more persons or parties to do or not to do a particular thing. A written contract contains the agreement of parties with the terms and conditions, and which serves as a proof of obligation Contract Bond - Precise Answer ✔✔A surety bond guaranteeing that the principals will complete their work in accordance with the terms of the construction contracts Contract documents - Precise Answer ✔✔contract, plans, specifications Contract Law - Precise Answer ✔✔This is the body of law determining which promises will be enforced by courts in civil cases. It is common for a single act by a defendant to both breach a contract with another party and to constitute a tort Contract Surety - Precise Answer ✔✔surety bonds Contractor - Precise Answer ✔✔Hired by the owner to combine the necessary ingredients of materials, labor, equipment, and management skills to physically accomplish the work according to the contract documents Contractual liability insurance - Precise Answer ✔✔coverage for liability arising from contractual agreements in which the financial responsibility for some losses is specifically allocated to one of the contracting parties Contribution - Precise Answer ✔✔In many cases the behavior of more than one person will be tortious and will cause harm to a plaintiff. In those cases, the defendants are often jointly and serverally liable to the plaintiff. As among those defendants one defendant may have paid more than his pro rata share of the loss e.g., one may have been more culpable than another. In such a case, the less culpable defendant may have a right of contribution against the other. Contributory negligence - Precise Answer ✔✔In a negligence case, the defendant often asserts that the plaintiff's own failure to behave in a reasonable manner contributed to the plaintiff's harm. In a state having a contributory negligence rule, this failure by the plaintiff, if proven, bars the plaintiff's claim against the defendant.

Conversion - Precise Answer ✔✔An intentional tort. A person exercises wrongful dominion and control over the personal property of another Corporation - Precise Answer ✔✔A form of business organization that is recognized as a legal entity separate and distinct from the owners. The corporation is solely responsible for the obligation s of the business. Cost Over Runs - Precise Answer ✔✔where cost exceed the desired limit or estimated limit. Cost Plus Contract - Precise Answer ✔✔See negioted contract CELA - Precise Answer ✔✔Council of educators in landscape architecture. An organization of teaching professionals and other interested in landscape architectural educations. CLARB - Precise Answer ✔✔An international organization whoe primary services are the preparation and scoring of the landscape architect registration examination (LARE). The membership of this organization is made up of the state liscensure boards in this country an canada Coucil Record - Precise Answer ✔✔A verified record of an individual landscape architect as to that individual's education Counter Offer - Precise Answer ✔✔When an offer is made, the offeree often rejects that offer and proposes new terms. This rejection of the original offer combined with a new offer is often called a counter offer (the original offeree now becomes the offeror Court of Appeals - Precise Answer ✔✔Court of law which has the authority to review the decisions of a lower court Court of Original Jurisdicition - Precise Answer ✔✔A court that is empowered to hear and determine questions of law or of equity when they are first presented for judicial determination

Covenant and Seizing - Precise Answer ✔✔Assurance by a seller that they own a particular piece of property and can sell it Covenants - Precise Answer ✔✔Agreements, development restrictions and rules filed with a development plat or as encumbrance placed duduring the sale of property which regulate the use of the property Creditor Beneficiary - Precise Answer ✔✔A creditor-benificary is one type of third party beneficiary. A person is a creditor beneficiary of a contract made by someone else when the purpose of that contract was to provide for payment of a debt owing to the creditor-beneficiary. A creditor beneficiary may generally sue for breach of contract even though they are not a party of the contract. Crime - Precise Answer ✔✔In many cases, a person's behavior is both a wrong against society and a wrong against a private party. The government will prosecute the wrongdoer for the crime and impose penalties such a fines and imprisonment. The penalty is the criminal responsibility of the wrongdoer Crime coverage - Precise Answer ✔✔Coverage against the finacial impact of the theft of property belonging to the insured Criminal Law - Precise Answer ✔✔Codes of behavior related to the protection of property and individual safety Cross Purchase Plan - Precise Answer ✔✔A buy-sell agreement that is funded by the purchase of a policy on the life of each owner by each of the other owners, with each group of policies being owned by the individual business owners Cure - Precise Answer ✔✔When a contract is covered by article 2 of the uniform commercial code, the UCC grants a right to cure a breach of the contract in certain situations. This means that a seller who has breached a contract by delivering goods, which do not meet the standards described in the contract (often called "non-conforming goods"), has a right to make good (i.e., "cure:) on their original promise within a limited time period. Damages - Precise Answer ✔✔In a tort case, a plaintiff must prove injury as part of their prima facie case. If the plaintiff prevails, the plaintiff may recover compensatory damages. In some cases, the plaintiff may additionally recover punititve damages (also called exemplary damages)

Deed - Precise Answer ✔✔A written instrument which conveys the legal right of ownership of real property deeds - Precise Answer ✔✔A deed is a document which is an instrucment of bond, contract or conveyance of property Fee simple Deed (Fee Ownership/ fee absolute deed) - Precise Answer ✔✔Unquestionable ownership resulting from a complete and clear history of unflawed previous conveyance of title in a property Quite Claim deed - Precise Answer ✔✔are common and indicate that past flaws or lack of clarity are often cleared by court findings General Warranty Deed - Precise Answer ✔✔conveys the most assurance of the title by the seller Limited warranty ( special warranties / bargain and sale deeds) - Precise Answer ✔✔If the immediate past owner can only guarantee that he or she has done nothing to lessen validity of the title that they held the deed A deed of trust - Precise Answer ✔✔executed as security to a lender and held by a third party. When the security is no longer required the lender executes a deed which returns title to the owner Administrator's deed - Precise Answer ✔✔A trustee or administrator appointed by a court in the case of a death without a will may convey property by issuing a deed as a representative of the court Executor's deed - Precise Answer ✔✔An executers of an estate may convey title. Sheriffs, guardians, referees in disputes, and legally appointed committees may also issue deeds unde certain circumstance. Defamation - Precise Answer ✔✔Holding up of a person to ridicule which tends to injure reputation; may be criminal as well as civil. Includes both libel and slander. Defualted contract - Precise Answer ✔✔The failure to fulfill the requirements of the contract

Defendant - Precise Answer ✔✔The person defending or denying; party against whom relief or recovery is sought Defense of others - Precise Answer ✔✔A defense to an intentional tort claim, if proven. this is reasonable force used to protect someone else from immediate threat of unlawful physical harm. Defense of Property - Precise Answer ✔✔A defense to an intentional tort claim, if proven. Reasonable force necessary to prevent a tort against real or personal property qualifies for this defence. As a general rule, reasonable mistake will not excuse force used against an innocent person Deliverables - Precise Answer ✔✔A contract list the obligations that must be met by the provider of services. That list, whether it be a constructed facility, a purchased item or designs and plans to build a project, certain services or objects have to be given to the owner before payments are made. These are delivered or are the deliverables. deposited acceptance rule - Precise Answer ✔✔the contractual doctrine that a binding acceptance of an offer occurs when a mailed acceptance is irrevocably placed with the postal service Descriptive Specification - Precise Answer ✔✔Specifications that is a detailed written description of the required properties of a product or material, and the workmanship required for its proper installation Design Documents (DDs) - Precise Answer ✔✔The project plans are presented with such accuracy and detail that reliable quantities, dimension and placement are discernable for costing, permitting and bidding. It is the last stage of design which accommodates change before the much more detailed construction documents and specifications are drawn up Design-Build Firm - Precise Answer ✔✔Landscape architects who create and construct their own designs Difference in Conditions Insurance - Precise Answer ✔✔A property insurance policy that extents coverage from named perils to open perils basis. Often used to add coverage for the perils of flood and earthquake

Direct Property Loss - Precise Answer ✔✔A loss that stems directly from an unbroken chain of events leading from and insured perils to the loss. Direct Response - Precise Answer ✔✔A system to distribute insureance to customers through direct mail, telephone, television, or other methods without the use of intermediaries Disaffirm - Precise Answer ✔✔A general rule, a contract made by a person without capacity is "voidable" when that person (or someone acting on their behalf, such as a conservator) elects not to be bound by that contract, they disaffirm the contract. Divisions - Precise Answer ✔✔The largest grouping of information in specifications, CSI format uses 48 divisions which are then in turn divided into sections: Division 00 - Procurement and Contracting Requirements Division 01 - General Requirements Division 02 - Existing Conditions Division 03 - Concrete Division 04 - Masonry Division 05 - Metals Division 06 - Wood, Plastics, Composites Division 07 - Thermal and Moisture Protection Division 08 - Openings Division 09 - Finishes Division 10 - Specialties Division 11 - Equipment Division 12 - Furnishings Division 13 - Special Construction Division 14 - Conveying Equipment Division 21 - Fire Suppression

Division 22 - Plumbing Division 23 - Heating, Ventilating, and Air Conditioning (HVAC) Division 25 - Integrated Automation Division 26 - Electrical Division 27 - Communications Division 28 - Electronic Safety and Security Division 31 - Earthwork Division 32 - Exterior Improvements Division 33 - Utilities Division 34 - Transportation Division 35 - Waterway and Marine Construction Division 40 - Process Integration Division 41 - Material Processing and Handling Equipment Division 42 - Process Heating, Cooling, and Drying Equipment Division 43 - Process Gas and Liquid Handling, Purification and Storage Equipment Division 44 - Pollution and Waste Control Equipment Division 45 - Industry-Specific Manufacturing Equipment Division 46 - Water and Wastewater Equipment Division 48 - Electrical Power Generation Doctrine of Part Performance - Precise Answer ✔✔If a contract is covered by the statue of frauds, that contract must generally be evidenced by a writing in order to be enforceable against "the party to be charge" However, if that party has already demonstrated that the contract exists ( even thought it is not written) by partially carrying out the terms of the contract, the contract is enforceable even though there is no written evidence. Doctrine of quantum meruit - Precise Answer ✔✔projects may be terminated will into the design phase with many documents and plans developed never to be implemented. The doctrine of quantum merit deals with an owner's obligation to pay for the value of services actually rendered up to the point of the project's termination even though to the owner in the ease of a project not built there is no value.

Donee Beneficary - Precise Answer ✔✔A donee-beneficiary is one type of third party beneficiary A person is donee beneficiary of a contract made by someone else when the purpose of that contract was to make a gift to that donee. A donee-beneficiary may generally sue for breach of contract even though they are not a party to the contract. Draws - Precise Answer ✔✔A periodic payment made to the contractor for work completed or installed. Duplication - Precise Answer ✔✔when information is repeated in more than once in specifications, leads to discrepancies and possible confusion in locating information. Duress - Precise Answer ✔✔This is a defense to a an otherwise enforceable contractual obligation. when a party was subjected to an undue level of coercion in making a contract (i.e., the use or threat that unlawful physical force will be used or that a person will be confined unlawfully, that duress is a defense recognized by the law in a action to enforce the contract Easement - Precise Answer ✔✔The right of an individual(s) to use someone else's land for a specific purpose Electronic Data Processing (EDP) Coverage - Precise Answer ✔✔Insurance that covers direct and indirect losses resulting from damage to compute equipment or media Employee liability - Precise Answer ✔✔An employer is vicariously liable for the torts of an employee within the scop of employment under the doctrine of respondeat superiosr. In addition, an employer is responsible for many other obligations concerning employees such as tax withholding, works compensation, unemployment compensation, and certain employee benefits Employers' liability insurance - Precise Answer ✔✔Coverage for liability for the employer to workers who can sue their employers under certain conditions Encumbrance - Precise Answer ✔✔a lien or claim against a property Enforceable promise - Precise Answer ✔✔not all promises are recognized by the law. for example, a mere promise to make a gift is not generally enforceable. When a promise meets all the legal requirements for a contract it becomes an enforceable promise

Entity plan - Precise Answer ✔✔A buy sell agreement that is funded by the purchase of one policy on the life of each partner with the policies owned by the partnership Equipment floater - Precise Answer ✔✔provides property damage coverage for damage to mobile equipment such as tractors, bobcats, backhoes Equity - Precise Answer ✔✔General principles of fairness and justice when ever existing law is inadequate; a system of rules supplementing common and statue law and superseding such law when it proves inadequate for just settlement; equity is more concerned with ones morals and what is "right" Errors and omisions insurance (E&O) - Precise Answer ✔✔insurance responding to liability of persons arising from their provisions of professional services Escheat - Precise Answer ✔✔Upon the deat of the owner of real property, without lawful heir, that property comes under the legal ownership of the state. Ethics - Precise Answer ✔✔1. Business practices that society deems "right" or "befitting"

2. Business practices conforming to some code or standard of conduct that society deems "right" or " befitting" Exclusive Remedy Rule - Precise Answer ✔✔If an employee is injured and is covered by workers compensation, then workers compensation is the exclusive remedy available to that employee against the employer. In other words, the employee may not elect to use another basis e.g, negligence, to sue the employer and recover greater damages Exculpatory clause - Precise Answer ✔✔It is common to include a provision in a contract which states that one party will not be responsible to another for certain acts. Athough the law refuses to enforce the provisions in some cases ( E.g., when they violate public policy or attempt to excuse gross negligence) it is common for the law to allow the parties to agree that there will not be liability for mere negligent behavior. Executory Promise - Precise Answer ✔✔When a promise has been made, but not yet performed, that promise is "executory". when that promise is carried it, it is "executed."

Experience modiferier - Precise Answer ✔✔The system of rating or pricing insurance in which the future premium reflects past loss experience of the insured. Express consent - Precise Answer ✔✔consent state orally or in writing. Express contract - Precise Answer ✔✔(compare with implied in fact contract) the existence of a contract and the terms of a contract are often, but not always, expressed in writing or orally. Such a contract is an "express contract" Express Ratification - Precise Answer ✔✔There are many situations in which is contract is "voidable" by a person due to their lack of capacity. If that person later attains capacity, they often choose to be bound by the contract. if this is done by written or spoken words this choice is called "express ratification" False Imprisonment - Precise Answer ✔✔An intentional tort. This is confining or rstraining another person without their consent or justification Federal law - Precise Answer ✔✔in the usa, many situations are covered by both federal law and stat law. Federal law arises from the U.S. constitution, statues enacted by the U.S. Congress, administrative regulations of federal agencies and decisions of federal appellate courts Feudal Tenancy (Feudalism) - Precise Answer ✔✔Is a European political and economic system practiced from the 9th to 15th centuries where land was typically owned by royalty ( a lord) and the tenant (vassal) occupied and used it in exchange for homage and service. Fidelity Bond - Precise Answer ✔✔Covers emplyers for losses resulting from dishonest acts of employees. Fiduciary - Precise Answer ✔✔A person who by law or contract must exercise a standard of care in management activities ; e.g. estate executor.

Fiduciary Relationship - Precise Answer ✔✔Occupying a position of trust and confidence to another. For example, in a partnership each partner has the power to enter into contracts in the name of the firm. Thus, making the other partners liable for the contract agreement. Firm Offer - Precise Answer ✔✔As a general rule, a mere promise to keep an offer open for a certain time is not enforceable under the common law (due to the absence of consideration). When an offer is within the scope of Article 2 of the uniform commercial code and the offeror promises to keep it open for a certain time, it is said to be a "firm offer". If the detailed requirements of the UCC are met, that offer is enforceable even though there is no consideration. Force Account - Precise Answer ✔✔The owner chooses to do the work with their own forces, providing all field supervision and management duties, payment of bills, purchasing of materials, and coordinating of construction equipment. Force majeur - Precise Answer ✔✔Literally Meaning superior force this term represents an unexpected or uncontrollable event which upsets the ability to complete a contracted obligation on time or at all. Such an event which includes acts of war and civil unrest or acts of God such as tornadoes, hurricanes, and earthquakes typically release or substantially alters contract obligation Formal documents - Precise Answer ✔✔an archaic ter for the documents which comprise the contract documents Form contract - Precise Answer ✔✔commonly used agreement documents such as leases, real estate purchase agreements and design services agreements which are preprinted or exist in software the variable which are peculiar to a particular agreement may be inserted into blank spaces in each document. The overall outline of the agreement which consistently assures that all necessary and normal matters are covered. Fraud - Precise Answer ✔✔False representation of a matter of fact Full service firm - Precise Answer ✔✔some (design) service providers are small or specialized in one aspect of project implementation such as landscape architecture. A project may require civil engineering, architecture, economic planning, marketing, structural engineering and many other services. some larger companies attempt to provide all of these services in one entity and therfore cover the complete or full range of necessary serices. in design, a full sevice fim typically provides landscape architecture, architecture, planning, engineering, and surveying services. Whether a company can call itself "full service" depends on the type of project and therfor the full range of services required

Gap filling approach - Precise Answer ✔✔under the common law, an offer must be reasonable defintie in order for acceptance of that offer to create a contract. As a general rule, the offer must specify key factors such a price and quantity. In contrast, when an offer is within the scope of Article 2 of the uniform commercial code, the law allos more flexiability. When the parties intend to make a dealt, but have left out key terms (other than quantiesty,) the UCC will commonly fill in the gaps for the parties with a reasonable term (e.eg., a :reasonable price" becomes a term of the contract even thought the parties failed to set the price expressly) General Conditions of the Contract - Precise Answer ✔✔May also be referred to as articles precedent to the agreement. Typical information contained would be insurance requirements, bond requirements termination of the contract by either party, arbitration and an article making the plans and specifications part of the contract. The agreement and general conditions of the contract combine to form the contract General Contractor - Precise Answer ✔✔Also referred to as the prime contractor. The general contractor is under contract with the owner for completion of the work in accordance with the plans and specifications General Provisions - Precise Answer ✔✔First of the two divisions of specifications in a format previous to the construction specifications institute format. Contained the administrative information about the construction job. the separation between general conditions of the contract and the general provisions were never clearly defined. General Requirements - Precise Answer ✔✔Title for the first divisionsin the CSI format of specifcations, contains information of the administrative requirements, proccedural requirements, and temporaty facilites and controls, pertaining only to the needs of construction, governs the specifications Goods - Precise Answer ✔✔Article 2 of the Unifrom Commercial Code only applies to sales of "goods" Goods are tangible personal property, other than money Goodwill - Precise Answer ✔✔In many cases, the value of a business is greater than the value of its tangible personal and real property. That additional value may be based factors such as the good reputation of the business. This intangible additional value is known as "goodwill" Grantee - Precise Answer ✔✔One who purchases or recieves a title or right