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Test your basic knowledge |
Business Law Test - 2
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Subjects
:
law
,
business-law
Instructions:
Answer 50 questions in 15 minutes.
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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. Requires contracts to be in writing and signed by all parties in order to prevent injury from fraudulent conduct if
Statute of Frauds
what are the 3 types of torts
Doctrine Of Fusion
Vicarious Liabilities
2. Time - Place - and Manner
1st Amendment Limitations
Respondeat Superior
Expressed Warranty
Double Jeopardy
3. Unreasonable interference with a right held in common by the general public
Nuisance (public)
Interference with Contractual Relationships
what are the 4 types of slander
what are the 3 types of torts
4. 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'
Mens rea
what are the 8 common law crimes
Reasonable suspicion
Res Ispa Loquitur
5. 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.
Jurisdiction
what are the 8 common law crimes
Interference with Contractual Relationships
Mechanics Lean
6. The plaintiff needs to prove only that the tort happened and that the defendant was responsible.
Mechanics Lean
Quantum Meriut
Doctrine of strict liabilities
Expressed Warranty
7. Breaks the doctrine of fusion apart; conspiracy - attempt - and solicitation. these crimes have no actus reas - just mens rea.
In Personum
Inchoate Crimes
Respondeat Superior
Bill of Rights - Amendment 14
8. 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.
Parole Evidence Rule
Expressed Warranty
Inchoate Crimes
Quantum Meriut
9. Power or authority over case. If court does not have jurisdiction - all work on case is invalid.
Interference with Contractual Relationships
Jurisdiction
Negligence (tort)
Res Judicata
10. 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.
Tort
Reasonable suspicion
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Felony
11. Life estate measured on someone elses natural life.
Misdemeanor
Estate Pur Autrie Vie
Nuisance (public)
Intentional (tort)
12. Criminal law rule that protects a defendant from being tried a second time for the same crime.
Double Jeopardy
Implied Warranty
what are the 8 common law crimes
Tenants in Common
13. The physical part of the crime; the guilty act
Deposition
Bill of Rights - Amendment 4
Actus reas
Alternative Dispute Resolution(ADR)
14. Right against cruel and unusual punishment - includes excessive fines
Bill of Rights - Amendment 8
Bill of Rights - Amendment 14
Respondeat Superior
Independent Contractor
15. 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.
Parole Evidence Rule
Life Estate
Independent Contractor
Fee Simple Absolute(FSA)
16. Right to enter land owned by another and makes certain use of it or to take something from land. i.e. utility workers - firefighters.
Respondeat Superior
Plea Bargaining
Court Of Equity
Easement
17. Careless conduct. Tort that protects from unintentional but careless conduct; Determine whether 'reasonable person' would have done this. 4 factors
Respondeat Superior
what are the 8 common law crimes
Negligence (tort)
Strict Liability (tort)
18. 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
Doctrine Of Fusion
what are the 6/7 statutes of frauds
In Rem
Independent Contractor
19. 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.
Res Ispa Loquitur
Independent Contractor
Quantum Meriut
Felony
20. Civil law rule that prohibits the same dispute between two parties from being reopen by a court after final judgment has been entered and all appeals exhausted.
Independent Contractor
Res Judicata
Actus reas
what are the 2 types of ADR
21. What they intend to do. Totality of circumstance measures the intent before - during - and after the act. What is examined by lawyer.
what are the 2 Main Categories of Crime
Intentional (tort)
Res Judicata
Misdemeanor
22. The criminal intent that must be established; the guilty mind
Mens rea
Misdemeanor
what are the 8 common law crimes
Adverse Possession
23. Arbitration - Mediation.
what are the 2 types of ADR
Nuisance (private)
Tenants in Common
Felony
24. 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.
Expressed Warranty
Misdemeanor
Parole Evidence Rule
Eminent Domain
25. 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.
Res Judicata
Independent Contractor
Doctrine of Transferred Intent
Strict Liability (tort)
26. Deed that passes whatever interest and control of a property to someone else without providing assurance of ownership.
Negligence (tort)
Intentional (tort)
what are the 4 factors of Negligence (tort)
Quit-Claim
27. In property law - an absolute ownership interest in an estate without restrictions. Highest and best form of property ownership.
Quit-Claim
what are the 8 common law crimes
Strict Liability (tort)
Fee Simple Absolute(FSA)
28. 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.
Tresspass to land
Tenants in Common
Felony
Res Judicata
29. An employer is responsible for the actions of employees performed within the course of their employment; 'let the master answer'
Negligence (tort)
Statute of Frauds
Respondeat Superior
Quit-Claim
30. If one tenant passes away - the other claims full ownership of all property.
Tort
Vicarious Liabilities
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Inchoate Crimes
31. Intentional and wrongful interference with possession of personal property of another without consent
Tresspass to personal property
Easement
what are the 3 types of torts
Res Ispa Loquitur
32. Sworn testimony - written or oral - of a person taken outside of court.
Interference with Contractual Relationships
Expressed Warranty
Bill of Rights - Amendment 14
Deposition
33. Confrontation Clause - rights of the accused in criminal law be guaranteed a speedy public trail as well as the right to seek counsel
Statute of Frauds
what are the 4 types of slander
Bill of Rights - Amendment 6
what are the 4 factors of Negligence (tort)
34. Duty - breach of duty - proximate cause - damage.
What is Law
what are the 4 factors of Negligence (tort)
1st Amendment Limitations
what are the 8 common law crimes
35. Liability without proving to be at fault.
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
what are the 3 types of torts
Felony
Strict Liability (tort)
36. Act of taking ownership of a property by openly - notoriously - and continuously living on a property in an uninterrupted environment for 7yrs.(Quite Title)
Statute of Frauds
Bill of Rights - Amendment 8
Adverse Possession
Mechanics Lean
37. 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.
What is Law
Negligence (tort)
Tenants in Common
Court Of Equity
38. 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).
Plea Bargaining
Independent Contractor
Inchoate Crimes
Covenant
39. 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.
what are the 2 types of ADR
Parole Evidence Rule
Tort
Court Of Equity
40. Citizenship Rights
Res Judicata
Bill of Rights - Amendment 14
Statute of Frauds
what are the 3 types of torts
41. Any service on real estate that is not paid. Must file lean within 12 months of service provided.
Mens rea
Court Of Equity
Mechanics Lean
Warranty Deed
42. The intent of the person committing the crime is transferred outcome of the act. Used in both criminal and tort law.
Tresspass to personal property
5th Amendment Immunity
Doctrine of Transferred Intent
Doctrine Of Fusion
43. Tort defending against spoken defamation of persons.
Tresspass to personal property
In Personum
Slander
Tort
44. Court can file lean on persons property.
Bill of Rights - Amendment 14
Expressed Warranty
In Rem
Vicarious Liabilities
45. Ownership where tenants own the undivided property. If passed away heir will take over the undivided ownership.
Expressed Warranty
Statute of Frauds
Tenants in Common
Independent Contractor
46. Attempt to settle civil cases before trial. Required in the state of FL. Two types
Alternative Dispute Resolution(ADR)
Statute of Frauds
Vicarious Liabilities
what are the 2 Main Categories of Crime
47. 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.
Plea Bargaining
Tresspass to personal property
Statute of Frauds
Covenant
48. Right against unreasonable search and seizure(probable cause)
What is Law
Bill of Rights - Amendment 4
Misdemeanor
Easement
49. Each adverse possessor can tack there time to others when trying to obtain a quite title on a property.
Eminent Domain
Doctrine of Transferred Intent
Tacking
Bill of Rights - Amendment 6
50. Bill Of Rights protection against self-incarceration and just compensation
Plea Bargaining
Bill of Rights - Amendment 1
Bill of Rights - Amendment 5
what are the 6/7 statutes of frauds
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