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Business Law Test - 2

Subjects : law, business-law
Instructions:
  • Answer 50 questions in 15 minutes.
  • If you are not ready to take this test, you can study here.
  • Match each statement with the correct term.
  • Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. Only refers to conduct. Judge can order someone who is not doing something he/she is legally required to do to start doing it and vice-versa.






2. Unreasonable interference with a right held in common by the general public






3. If one tenant passes away - the other claims full ownership of all property.






4. Bill Of Rights protection against self-incarceration and just compensation






5. Immunity is granted by the court to where whatever the defendant says cannot be used against him as evidence. Also 'pleading the fifth'.






6. Substantive common law that claims any agreement made by both parties prior to signing the contract that was not incorporated into the contract is barred upon signing by this rule in seeking to alter the terms of the contract.






7. Allows officers to investigate people - less strict then probable cause; 4th amendment






8. Requires contracts to be in writing and signed by all parties in order to prevent injury from fraudulent conduct if






9. Not held liable under respondeat superior. Cannot be held vicariously liable for the tortuous acts and damage of the contractor during the time which the contractor is working on private property.






10. Freedom of speech - religion - press - rights to assemble - and petition of government






11. Citizenship Rights






12. A tort which there is a valid contract - and the defendant knowingly and intentionally caused a breach of the contract - resulting in damages to the plaintiff.






13. Each adverse possessor can tack there time to others when trying to obtain a quite title on a property.






14. Liability without proving to be at fault.






15. Property law in writing - an agreement between two or more parties that places certain restrictions on the use of property or obligations the owner of the property to take specifications with respect to the land.






16. Tort defending against spoken defamation of persons.






17. Deed that passes whatever interest and control of a property to someone else without providing assurance of ownership.






18. Right against cruel and unusual punishment - includes excessive fines






19. Method of settling criminal cases by pleading guilty to charges in an attempt to lessen charges/consequences. Can either plead guilty - lesser charge - or nolo contendere(no contest).






20. Unwritten - unexpressed promise or guarantee that a court infers to exist and that accompanies a good/product. i.e. 'boomerang example'.






21. A civil wrong - other than breach of contract - in which the law provides a remedy. Breach of duty owed to another that causes harm; private wrong. Tort laws are the biggest body of civil law/private law.






22. The plaintiff needs to prove only that the tort happened and that the defendant was responsible.






23. What they intend to do. Totality of circumstance measures the intent before - during - and after the act. What is examined by lawyer.






24. In property law - an absolute ownership interest in an estate without restrictions. Highest and best form of property ownership.






25. The intent of the person committing the crime is transferred outcome of the act. Used in both criminal and tort law.






26. Felony; Misdemeanor






27. A promise in addition to an underlying sales agreement that goes beyond the terms of the sale agreement which the promisor assures the description - performance - or quality of the goods.






28. Arbitration - Mediation.






29. You are entitled to be paid the reasonable value of your services and material in a contract action when you have completed the work and the buyer refuses to pay because of some 'minor' difference in what was contracted for.






30. Breaks the doctrine of fusion apart; conspiracy - attempt - and solicitation. these crimes have no actus reas - just mens rea.






31. A courts power over the person involved in the action. Personal and best type of jurisdiction.






32. Common law - injured based on defendants negligence and therefore presumed to be at fault. i.e. lawnmower and dog; latin for 'the thing speaks for itself'






33. Form of strict - secondary liabilities that arise under the common law doc. of agency(respondeat superior). If liability for the tort requires a state of mind - the directing officer must have that state of mind.






34. An activity that substantially and unreasonably interferes with the used and enjoyment of land






35. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






36. Criminal law rule that protects a defendant from being tried a second time for the same crime.






37. Court can file lean on persons property.






38. A system of rules and regulations that govern our lives and society; in our action or inaction and for which a violation results in an action. Flexible to meet the needs of the evolving society.






39. The physical part of the crime; the guilty act






40. Confrontation Clause - rights of the accused in criminal law be guaranteed a speedy public trail as well as the right to seek counsel






41. 1.Contracts in consideration of marriage; 2. Contracts that cannot be performed within one year(statute of limitations); 3. Contracts for the transfer of an interest in land; 4. Contracts by the executor of a will to pay a debt of the estate with his






42. Prohibits discrimination by covered employers on the basis or race - color - religion - sex or national origin.






43. Unauthorized intrusion by a person or a thing on land belonging to another - regardless of whether it was a mistake. Not necessary to set foot on land to constitute trespassing.






44. Sworn testimony - written or oral - of a person taken outside of court.






45. FSA owner can grant ownership of property to someone for the measured on the duration of their natural life. Once dead the land goes back to FSA owner.






46. Duty - breach of duty - proximate cause - damage.






47. Ownership where tenants own the undivided property. If passed away heir will take over the undivided ownership.






48. Intentional; negligence - strict liability






49. The government must prove mental intent and act on a crime; In defense of the accused - the act of fusing Actus Rea and Mens Rea before the court in which to prove evidence.






50. Murder - rape - sodomy - manslaughter - larceny - arson - mayhem - burglary







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