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






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






3. 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.






4. 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.






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






6. 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.






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






8. 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.






9. 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.






10. 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.






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






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






13. 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.






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






15. 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.






16. 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb






17. Time - Place - and Manner






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






19. Citizenship Rights






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






21. Tort defending against spoken defamation of persons.






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






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






24. 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.






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






26. 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'






27. Life estate measured on someone elses natural life.






28. Court can file lean on persons property.






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






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






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






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






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






34. 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.






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






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






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






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






39. 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






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






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






42. Intentional; negligence - strict liability






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






44. 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.






45. Felony; Misdemeanor






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






47. 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).






48. 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.






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






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