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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. 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.
Life Estate
Quantum Meriut
Court Of Equity
Felony
2. 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.
In Personum
Life Estate
Tenants in Common
Interference with Contractual Relationships
3. 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
Negligence (tort)
Tacking
Res Ispa Loquitur
4. An employer is responsible for the actions of employees performed within the course of their employment; 'let the master answer'
Respondeat Superior
Nuisance (private)
Doctrine of strict liabilities
Tacking
5. Intentional; negligence - strict liability
what are the 3 types of torts
Plea Bargaining
Alternative Dispute Resolution(ADR)
Deposition
6. 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
Bill of Rights - Amendment 5
Interference with Contractual Relationships
Quantum Meriut
7. Arbitration - Mediation.
Common Law Crimes
Plea Bargaining
In Rem
what are the 2 types of ADR
8. Each adverse possessor can tack there time to others when trying to obtain a quite title on a property.
Life Estate
Bill of Rights - Amendment 6
Tacking
Tresspass to land
9. Ownership where tenants own the undivided property. If passed away heir will take over the undivided ownership.
Tenants in Common
Deposition
Fee Simple Absolute(FSA)
Bill of Rights - Amendment 5
10. The criminal intent that must be established; the guilty mind
Bill of Rights - Amendment 5
Plea Bargaining
Mens rea
what are the 6/7 statutes of frauds
11. Deed that passes whatever interest and control of a property to someone else without providing assurance of ownership.
what are the 4 types of slander
Slander
Inchoate Crimes
Quit-Claim
12. In property law - an absolute ownership interest in an estate without restrictions. Highest and best form of property ownership.
Quantum Meriut
What is Law
Bill of Rights - Amendment 6
Fee Simple Absolute(FSA)
13. 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).
Parole Evidence Rule
Warranty Deed
Plea Bargaining
what are the 4 types of slander
14. What they intend to do. Totality of circumstance measures the intent before - during - and after the act. What is examined by lawyer.
Warranty Deed
Intentional (tort)
Estate Pur Autrie Vie
Tort
15. 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.
Vicarious Liabilities
what are the 8 common law crimes
Deposition
Tresspass to land
16. The physical part of the crime; the guilty act
Intentional (tort)
Actus reas
Estate Pur Autrie Vie
Common Law Crimes
17. Breaks the doctrine of fusion apart; conspiracy - attempt - and solicitation. these crimes have no actus reas - just mens rea.
Res Ispa Loquitur
Inchoate Crimes
Tresspass to land
Warranty Deed
18. A courts power over the person involved in the action. Personal and best type of jurisdiction.
Expressed Warranty
In Personum
Covenant
Bill of Rights - Amendment 8
19. Citizenship Rights
Bill of Rights - Amendment 14
Doctrine of Transferred Intent
What is Law
Strict Liability (tort)
20. Murder - rape - sodomy - manslaughter - larceny - arson - mayhem - burglary
what are the 3 types of torts
Bill of Rights - Amendment 6
what are the 8 common law crimes
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
21. Right to enter land owned by another and makes certain use of it or to take something from land. i.e. utility workers - firefighters.
Tresspass to personal property
Negligence (tort)
Bill of Rights - Amendment 6
Easement
22. Tort defending against spoken defamation of persons.
Slander
What is Law
Bill of Rights - Amendment 8
what are the 4 types of slander
23. 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
1st Amendment Limitations
what are the 6/7 statutes of frauds
Doctrine of strict liabilities
Res Ispa Loquitur
24. Liability without proving to be at fault.
Implied Warranty
Strict Liability (tort)
Bill of Rights - Amendment 4
Res Ispa Loquitur
25. 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
what are the 8 common law crimes
Bill of Rights - Amendment 6
26. 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.
Independent Contractor
Common Law Crimes
what are the 3 types of torts
Tresspass to personal property
27. Right against unreasonable search and seizure(probable cause)
1st Amendment Limitations
Warranty Deed
Bill of Rights - Amendment 4
Nuisance (private)
28. Bill Of Rights protection against self-incarceration and just compensation
what are the 2 Main Categories of Crime
Bill of Rights - Amendment 5
what are the 4 types of slander
Bill of Rights - Amendment 4
29. The intent of the person committing the crime is transferred outcome of the act. Used in both criminal and tort law.
Bill of Rights - Amendment 14
Doctrine of Transferred Intent
Common Law Crimes
Independent Contractor
30. 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.
Implied Warranty
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Felony
Doctrine Of Fusion
31. Go to jail for less than or equal to 1yr and/or be fined less than or equal to $1000.
Actus reas
Misdemeanor
what are the 2 types of ADR
what are the 6/7 statutes of frauds
32. 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.
what are the 4 factors of Negligence (tort)
Res Judicata
Quit-Claim
Bill of Rights - Amendment 1
33. The plaintiff needs to prove only that the tort happened and that the defendant was responsible.
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Mechanics Lean
Res Ispa Loquitur
Doctrine of strict liabilities
34. 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
5th Amendment Immunity
Slander
Double Jeopardy
35. Intentional and wrongful interference with possession of personal property of another without consent
Reasonable suspicion
Tresspass to personal property
what are the 3 types of torts
Tort
36. Unwritten - unexpressed promise or guarantee that a court infers to exist and that accompanies a good/product. i.e. 'boomerang example'.
In Personum
Doctrine of Transferred Intent
Implied Warranty
what are the 2 Main Categories of Crime
37. Deed that claims the seller must defend the title of the property against any individuals claiming to seek the title of the property.
Interference with Contractual Relationships
Warranty Deed
In Rem
what are the 8 common law crimes
38. Act of taking ownership of a property by openly - notoriously - and continuously living on a property in an uninterrupted environment for 7yrs.(Quite Title)
Adverse Possession
Bill of Rights - Amendment 1
what are the 6/7 statutes of frauds
Implied Warranty
39. Court can file lean on persons property.
Tenants in Common
Intentional (tort)
In Rem
Eminent Domain
40. 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'
Bill of Rights - Amendment 6
Bill of Rights - Amendment 8
Tacking
Res Ispa Loquitur
41. Requires contracts to be in writing and signed by all parties in order to prevent injury from fraudulent conduct if
what are the 8 common law crimes
Quit-Claim
Statute of Frauds
Joint Tenants with the Right of Survivor-ship(JTWTROS)
42. Any service on real estate that is not paid. Must file lean within 12 months of service provided.
Respondeat Superior
Mechanics Lean
Nuisance (private)
Interference with Contractual Relationships
43. Criminal law rule that protects a defendant from being tried a second time for the same crime.
Double Jeopardy
Bill of Rights - Amendment 1
Life Estate
Negligence (tort)
44. Immunity is granted by the court to where whatever the defendant says cannot be used against him as evidence. Also 'pleading the fifth'.
5th Amendment Immunity
Expressed Warranty
Nuisance (private)
Covenant
45. Right against cruel and unusual punishment - includes excessive fines
Bill of Rights - Amendment 8
In Personum
what are the 4 types of slander
Warranty Deed
46. Life estate measured on someone elses natural life.
Estate Pur Autrie Vie
Parole Evidence Rule
what are the 4 types of slander
Tort
47. Sworn testimony - written or oral - of a person taken outside of court.
Statute of Frauds
Deposition
Court Of Equity
Tort
48. Careless conduct. Tort that protects from unintentional but careless conduct; Determine whether 'reasonable person' would have done this. 4 factors
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Nuisance (private)
Bill of Rights - Amendment 8
Negligence (tort)
49. Prohibits discrimination by covered employers on the basis or race - color - religion - sex or national origin.
Life Estate
what are the 4 types of slander
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Double Jeopardy
50. 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'
what are the 4 factors of Negligence (tort)
Eminent Domain
Doctrine Of Fusion
Plea Bargaining
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