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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. 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.






2. 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.






3. 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.






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






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






6. 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






7. Arbitration - Mediation.






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






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






10. Spoken word - telling lies - publicizing - causing damage.






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






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






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






14. Felony; Misdemeanor






15. Court can file lean on persons property.






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






17. Confrontation Clause - rights of the accused in criminal law be guaranteed a speedy public trail as well as the right to seek counsel






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






19. 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.






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






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






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






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






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






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






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






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






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






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






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






31. 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.






32. 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.






33. Liability without proving to be at fault.






34. 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.






35. 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'






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






37. Life estate measured on someone elses natural life.






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.






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






40. 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'






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






42. 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.






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






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






45. Tort defending against spoken defamation of persons.






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






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






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. Freedom of speech - religion - press - rights to assemble - and petition of government






50. 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.







Sorry!:) No result found.

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