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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. 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.






3. 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.






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






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






6. 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'






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






8. 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.






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






10. 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.






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






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






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






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






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.






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






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






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






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






20. Felony; Misdemeanor






21. Life estate measured on someone elses natural life.






22. Deed that passes whatever interest and control of a property to someone else without providing assurance of ownership.






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






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






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






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






27. 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.






28. Attempt to settle civil cases before trial. Required in the state of FL. Two types






29. 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.






30. 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).






31. 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






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






33. 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.






34. Citizenship Rights






35. 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.






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






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






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






40. Court can file lean on persons property.






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






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






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






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






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






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






47. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






48. Tort defending against spoken defamation of persons.






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






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