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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.
Court Of Equity
What is Law
Parole Evidence Rule
Implied Warranty
2. Unreasonable interference with a right held in common by the general public
Covenant
Tresspass to personal property
Felony
Nuisance (public)
3. If one tenant passes away - the other claims full ownership of all property.
Quantum Meriut
Court Of Equity
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Tresspass to land
4. Bill Of Rights protection against self-incarceration and just compensation
Bill of Rights - Amendment 5
Doctrine Of Fusion
Bill of Rights - Amendment 8
Tresspass to personal property
5. 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
Inchoate Crimes
Double Jeopardy
what are the 4 factors of Negligence (tort)
6. 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.
what are the 2 types of ADR
Parole Evidence Rule
Tresspass to land
what are the 2 Main Categories of Crime
7. Allows officers to investigate people - less strict then probable cause; 4th amendment
Mechanics Lean
Bill of Rights - Amendment 6
Bill of Rights - Amendment 5
Reasonable suspicion
8. Requires contracts to be in writing and signed by all parties in order to prevent injury from fraudulent conduct if
Parole Evidence Rule
Felony
Statute of Frauds
Plea Bargaining
9. 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.
Implied Warranty
Easement
Tresspass to personal property
Independent Contractor
10. Freedom of speech - religion - press - rights to assemble - and petition of government
Bill of Rights - Amendment 1
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Jurisdiction
Implied Warranty
11. Citizenship Rights
Expressed Warranty
Bill of Rights - Amendment 14
what are the 4 types of slander
Common Law Crimes
12. 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
Doctrine of strict liabilities
Court Of Equity
Tresspass to personal property
13. Each adverse possessor can tack there time to others when trying to obtain a quite title on a property.
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Expressed Warranty
Tacking
Double Jeopardy
14. Liability without proving to be at fault.
Warranty Deed
Bill of Rights - Amendment 4
Bill of Rights - Amendment 1
Strict Liability (tort)
15. 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.
Covenant
Doctrine Of Fusion
Bill of Rights - Amendment 5
Intentional (tort)
16. Tort defending against spoken defamation of persons.
Common Law Crimes
Slander
Bill of Rights - Amendment 8
Jurisdiction
17. Deed that passes whatever interest and control of a property to someone else without providing assurance of ownership.
what are the 8 common law crimes
what are the 4 types of slander
Alternative Dispute Resolution(ADR)
Quit-Claim
18. Right against cruel and unusual punishment - includes excessive fines
Common Law Crimes
Slander
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Bill of Rights - Amendment 8
19. 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).
Respondeat Superior
Plea Bargaining
Intentional (tort)
Double Jeopardy
20. Unwritten - unexpressed promise or guarantee that a court infers to exist and that accompanies a good/product. i.e. 'boomerang example'.
Implied Warranty
In Rem
Vicarious Liabilities
Slander
21. 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
Life Estate
Plea Bargaining
Covenant
22. The plaintiff needs to prove only that the tort happened and that the defendant was responsible.
Life Estate
Court Of Equity
Doctrine of strict liabilities
what are the 2 types of ADR
23. What they intend to do. Totality of circumstance measures the intent before - during - and after the act. What is examined by lawyer.
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Intentional (tort)
In Personum
Adverse Possession
24. In property law - an absolute ownership interest in an estate without restrictions. Highest and best form of property ownership.
Fee Simple Absolute(FSA)
In Personum
Independent Contractor
Negligence (tort)
25. The intent of the person committing the crime is transferred outcome of the act. Used in both criminal and tort law.
Expressed Warranty
Doctrine of Transferred Intent
Felony
Bill of Rights - Amendment 4
26. Felony; Misdemeanor
In Rem
what are the 2 Main Categories of Crime
Alternative Dispute Resolution(ADR)
Nuisance (private)
27. 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.
Life Estate
what are the 4 factors of Negligence (tort)
Doctrine of Transferred Intent
Expressed Warranty
28. Arbitration - Mediation.
Nuisance (private)
Bill of Rights - Amendment 8
what are the 2 types of ADR
1st Amendment Limitations
29. 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.
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Jurisdiction
Eminent Domain
Quantum Meriut
30. Breaks the doctrine of fusion apart; conspiracy - attempt - and solicitation. these crimes have no actus reas - just mens rea.
Tresspass to personal property
Inchoate Crimes
Independent Contractor
Doctrine of Transferred Intent
31. A courts power over the person involved in the action. Personal and best type of jurisdiction.
In Personum
Felony
Bill of Rights - Amendment 14
Fee Simple Absolute(FSA)
32. 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
Court Of Equity
Res Ispa Loquitur
What is Law
33. 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.
Estate Pur Autrie Vie
In Personum
Vicarious Liabilities
Negligence (tort)
34. An activity that substantially and unreasonably interferes with the used and enjoyment of land
what are the 4 factors of Negligence (tort)
Negligence (tort)
Common Law Crimes
Nuisance (private)
35. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb
Common Law Crimes
Tresspass to land
Court Of Equity
Intentional (tort)
36. Criminal law rule that protects a defendant from being tried a second time for the same crime.
Tort
Bill of Rights - Amendment 4
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Double Jeopardy
37. Court can file lean on persons property.
Doctrine of Transferred Intent
In Rem
Doctrine Of Fusion
Bill of Rights - Amendment 6
38. 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.
Quit-Claim
What is Law
what are the 4 types of slander
Alternative Dispute Resolution(ADR)
39. The physical part of the crime; the guilty act
Quit-Claim
In Personum
Actus reas
Felony
40. Confrontation Clause - rights of the accused in criminal law be guaranteed a speedy public trail as well as the right to seek counsel
Bill of Rights - Amendment 6
Inchoate Crimes
Bill of Rights - Amendment 14
Fee Simple Absolute(FSA)
41. 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
Inchoate Crimes
Estate Pur Autrie Vie
what are the 6/7 statutes of frauds
1st Amendment Limitations
42. Prohibits discrimination by covered employers on the basis or race - color - religion - sex or national origin.
Easement
Res Judicata
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Court Of Equity
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.
Tort
Independent Contractor
Tresspass to land
Expressed Warranty
44. Sworn testimony - written or oral - of a person taken outside of court.
Deposition
Statute of Frauds
Felony
Misdemeanor
45. 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.
Bill of Rights - Amendment 14
In Personum
Respondeat Superior
Life Estate
46. Duty - breach of duty - proximate cause - damage.
what are the 4 factors of Negligence (tort)
Expressed Warranty
Common Law Crimes
Actus reas
47. Ownership where tenants own the undivided property. If passed away heir will take over the undivided ownership.
Negligence (tort)
Tenants in Common
Doctrine of strict liabilities
Res Ispa Loquitur
48. Intentional; negligence - strict liability
Negligence (tort)
what are the 2 types of ADR
what are the 3 types of torts
Interference with Contractual Relationships
49. 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.
Doctrine Of Fusion
Nuisance (private)
Nuisance (public)
5th Amendment Immunity
50. Murder - rape - sodomy - manslaughter - larceny - arson - mayhem - burglary
Bill of Rights - Amendment 6
what are the 8 common law crimes
Adverse Possession
Deposition
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