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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. 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.






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






3. Any service on real estate that is not paid. Must file lean within 12 months of service provided.






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






5. Liability without proving to be at fault.






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






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






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






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






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






11. Felony; Misdemeanor






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






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






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






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






16. 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.






17. Right against unreasonable search and seizure(probable cause)






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






19. Citizenship Rights






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






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






22. 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.






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






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






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






26. 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.






27. 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.






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






29. 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.






30. Time - Place - and Manner






31. Court can file lean on persons property.






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






33. 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.






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






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






36. Tort defending against spoken defamation of persons.






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






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






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






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






41. 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.






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






43. 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).






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






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






46. 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.






47. 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'






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. The criminal intent that must be established; the guilty mind






50. 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.