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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. Life estate measured on someone elses natural life.






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






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






4. 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.






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






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






7. Court can file lean on persons property.






8. 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'






9. 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).






10. 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.






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






12. 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.






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






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






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






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






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






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






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






20. 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.






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






22. 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.






23. 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.






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






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






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






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






28. 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.






29. 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.






30. Liability without proving to be at fault.






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






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






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






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






36. Intentional; negligence - strict liability






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






38. 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.






39. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






40. 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.






41. Citizenship Rights






42. 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.






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






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






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






46. 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.






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






48. 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.






49. Time - Place - and Manner






50. 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.