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