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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. Right to enter land owned by another and makes certain use of it or to take something from land. i.e. utility workers - firefighters.






2. 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.






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






4. 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.






5. 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.






6. 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.






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






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






9. An employer is responsible for the actions of employees performed within the course of their employment; 'let the master answer'






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.






11. Intentional and wrongful interference with possession of personal property of another without consent






12. Power or authority over case. If court does not have jurisdiction - all work on case is invalid.






13. Power of the government to condemn property for a public use without consent of the owner(condemnation).; With rights from 5th amendment comes the issue of 'just compensation'






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






15. Citizenship Rights






16. 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






17. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






18. 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.






19. Court can file lean on persons property.






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






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






22. Go to prison for greater than or equal to 1yr and/or be fined greater than or equal to $1000; Possible loss of voting rights and carrying weapon; different degrees.






23. Go to jail for less than or equal to 1yr and/or be fined less than or equal to $1000.






24. Life estate measured on someone elses natural life.






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






26. Liability without proving to be at fault.






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






28. Spoken word - telling lies - publicizing - causing damage.






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






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






31. 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'






32. Act of taking ownership of a property by openly - notoriously - and continuously living on a property in an uninterrupted environment for 7yrs.(Quite Title)






33. 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.






34. 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.






35. Deed that claims the seller must defend the title of the property against any individuals claiming to seek the title of the property.






36. 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.






37. 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.






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






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






40. Arbitration - Mediation.






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






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






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






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






45. 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.






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






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






48. 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.






49. Careless conduct. Tort that protects from unintentional but careless conduct; Determine whether 'reasonable person' would have done this. 4 factors






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