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






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






3. 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.






4. 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.






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






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






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






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






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






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. 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'






12. 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'






13. 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.






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






15. Liability without proving to be at fault.






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






17. 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.






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






19. Citizenship Rights






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






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






22. Arbitration - Mediation.






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






24. 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.






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






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






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






28. Time - Place - and Manner






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






30. 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.






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






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






33. Felony; Misdemeanor






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






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






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






37. 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.






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






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






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).






41. Life estate measured on someone elses natural life.






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






43. Tort defending against spoken defamation of persons.






44. 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.






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






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






47. 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.






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






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






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







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