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Test your basic knowledge |
Business Law Test - 2
Start Test
Study First
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. 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'
1st Amendment Limitations
Strict Liability (tort)
Independent Contractor
Res Ispa Loquitur
2. The intent of the person committing the crime is transferred outcome of the act. Used in both criminal and tort law.
Doctrine of Transferred Intent
Easement
Nuisance (public)
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
3. 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.
Quantum Meriut
what are the 6/7 statutes of frauds
Common Law Crimes
Easement
4. An employer is responsible for the actions of employees performed within the course of their employment; 'let the master answer'
Respondeat Superior
Statute of Frauds
Alternative Dispute Resolution(ADR)
Res Ispa Loquitur
5. 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.
Inchoate Crimes
Tort
Tresspass to land
Warranty Deed
6. The physical part of the crime; the guilty act
Actus reas
Vicarious Liabilities
what are the 8 common law crimes
Bill of Rights - Amendment 8
7. Allows officers to investigate people - less strict then probable cause; 4th amendment
1st Amendment Limitations
Nuisance (private)
Reasonable suspicion
Mens rea
8. 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
Warranty Deed
what are the 4 types of slander
9. 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
Res Ispa Loquitur
Slander
what are the 6/7 statutes of frauds
Tresspass to land
10. 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.
Felony
Plea Bargaining
Nuisance (private)
Vicarious Liabilities
11. Spoken word - telling lies - publicizing - causing damage.
Quantum Meriut
What is Law
In Personum
what are the 4 types of slander
12. Unwritten - unexpressed promise or guarantee that a court infers to exist and that accompanies a good/product. i.e. 'boomerang example'.
Reasonable suspicion
what are the 2 types of ADR
Estate Pur Autrie Vie
Implied Warranty
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'
what are the 4 factors of Negligence (tort)
Actus reas
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Eminent Domain
14. Breaks the doctrine of fusion apart; conspiracy - attempt - and solicitation. these crimes have no actus reas - just mens rea.
Expressed Warranty
Respondeat Superior
Inchoate Crimes
Interference with Contractual Relationships
15. Duty - breach of duty - proximate cause - damage.
Bill of Rights - Amendment 5
what are the 4 factors of Negligence (tort)
what are the 6/7 statutes of frauds
Doctrine of Transferred Intent
16. Life estate measured on someone elses natural life.
Double Jeopardy
what are the 3 types of torts
Estate Pur Autrie Vie
Nuisance (private)
17. Court can file lean on persons property.
Quit-Claim
Bill of Rights - Amendment 4
Covenant
In Rem
18. Freedom of speech - religion - press - rights to assemble - and petition of government
Bill of Rights - Amendment 1
Tenants in Common
Implied Warranty
Misdemeanor
19. Careless conduct. Tort that protects from unintentional but careless conduct; Determine whether 'reasonable person' would have done this. 4 factors
Bill of Rights - Amendment 14
In Personum
Negligence (tort)
Plea Bargaining
20. Unreasonable interference with a right held in common by the general public
Nuisance (public)
Felony
5th Amendment Immunity
Intentional (tort)
21. Right against unreasonable search and seizure(probable cause)
Bill of Rights - Amendment 4
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Tresspass to land
Easement
22. Criminal law rule that protects a defendant from being tried a second time for the same crime.
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Quantum Meriut
what are the 6/7 statutes of frauds
Double Jeopardy
23. Deed that claims the seller must defend the title of the property against any individuals claiming to seek the title of the property.
Easement
what are the 2 Main Categories of Crime
Warranty Deed
what are the 4 types of slander
24. Attempt to settle civil cases before trial. Required in the state of FL. Two types
Mechanics Lean
Inchoate Crimes
Alternative Dispute Resolution(ADR)
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
25. 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.
Statute of Frauds
Deposition
Life Estate
Slander
26. The plaintiff needs to prove only that the tort happened and that the defendant was responsible.
Joint Tenants with the Right of Survivor-ship(JTWTROS)
Doctrine of strict liabilities
what are the 8 common law crimes
what are the 2 types of ADR
27. Liability without proving to be at fault.
Covenant
Strict Liability (tort)
Reasonable suspicion
Nuisance (private)
28. 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.
Covenant
What is Law
Alternative Dispute Resolution(ADR)
Felony
29. Time - Place - and Manner
what are the 6/7 statutes of frauds
Quantum Meriut
1st Amendment Limitations
In Rem
30. Tort defending against spoken defamation of persons.
Bill of Rights - Amendment 6
what are the 6/7 statutes of frauds
Doctrine of strict liabilities
Slander
31. 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
Mechanics Lean
what are the 3 types of torts
Vicarious Liabilities
32. Murder - rape - sodomy - manslaughter - larceny - arson - mayhem - burglary
what are the 8 common law crimes
What is Law
Interference with Contractual Relationships
Negligence (tort)
33. Citizenship Rights
Common Law Crimes
Independent Contractor
5th Amendment Immunity
Bill of Rights - Amendment 14
34. Intentional; negligence - strict liability
what are the 3 types of torts
Mechanics Lean
Adverse Possession
Tort
35. Sworn testimony - written or oral - of a person taken outside of court.
Felony
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Misdemeanor
Deposition
36. 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.
Tresspass to personal property
what are the 3 types of torts
Bill of Rights - Amendment 8
Covenant
37. Each adverse possessor can tack there time to others when trying to obtain a quite title on a property.
Doctrine Of Fusion
Adverse Possession
What is Law
Tacking
38. Right against cruel and unusual punishment - includes excessive fines
In Personum
1st Amendment Limitations
Double Jeopardy
Bill of Rights - Amendment 8
39. 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
Implied Warranty
Mechanics Lean
Tresspass to land
40. 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).
Plea Bargaining
5th Amendment Immunity
Quantum Meriut
Mens rea
41. 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.
what are the 2 types of ADR
Tort
Life Estate
what are the 8 common law crimes
42. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb
Mechanics Lean
Statute of Frauds
Common Law Crimes
Reasonable suspicion
43. 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.
Tort
what are the 3 types of torts
Nuisance (public)
Parole Evidence Rule
44. Power or authority over case. If court does not have jurisdiction - all work on case is invalid.
Parole Evidence Rule
Mens rea
Tresspass to land
Jurisdiction
45. Prohibits discrimination by covered employers on the basis or race - color - religion - sex or national origin.
Court Of Equity
Plea Bargaining
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
Tacking
46. An activity that substantially and unreasonably interferes with the used and enjoyment of land
what are the 2 types of ADR
Quantum Meriut
Nuisance (private)
Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment)
47. Go to jail for less than or equal to 1yr and/or be fined less than or equal to $1000.
what are the 6/7 statutes of frauds
Misdemeanor
Common Law Crimes
Doctrine Of Fusion
48. 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
Common Law Crimes
what are the 4 factors of Negligence (tort)
Tresspass to personal property
49. Any service on real estate that is not paid. Must file lean within 12 months of service provided.
Tresspass to personal property
Res Ispa Loquitur
Warranty Deed
Mechanics Lean
50. Bill Of Rights protection against self-incarceration and just compensation
Tresspass to personal property
Negligence (tort)
Intentional (tort)
Bill of Rights - Amendment 5